Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1880-03-20
THE OTHER SIDE.
The A. n p. Moves 20 Dissolve
the Injunction A Pickwickiap
Warfare Between Counsel.

Warfare Between Counsel.
Yesterday afternoon, the counsel Tor
the Western Union and Atlantic and
Pacific Telegraph companies, noiined
the counsel for the B. * o. K X. COM
pany that they would ask Judge Gran.
mer 10 dissolve the injunction granted
by him the day before. Accordingly; at
2:30 O'Clock, the court sat. Messrs-
Lamb aud Russell represented the plain
til, while Messrs. Hubbard, Jacob, Fer.
guson, Cochran and Cochran appeared
Tor the defendants. Managers Tracy
aud Rowe were also present.
Mr.. Hubbard began with the state.
nient that they had asked the Court to
sit Tor the purpose OF hearing their up.
plicaIion for the dissolution OF the IN
junction granted on Thursday, in sup
port Of which they had prepared papers
prove that the very man who made
affidavit To the plaintiff = bill, admitted,
the day before, that the property be-
longcd To one vi the defendants.
Mr.. Russell wanted an opportunity oil
examining the papers before the argu'
ment was heard. -fT1
Mr.. Hubbard said the law governing
a motion to dissolve an injunction gave
the plaintiff no time, il he knew any
thing about II.
la that case, Mr.. Russell thought he
did not know anything aboutit. 81 will
object said he.
IL have no doubt Of il, replied Dir.
Hubbard, "and have as little doubt
the court will override 1t.
After some further pickering On the
part Of counsel, the court said it would
allow the plaintiff fifteen minutes to ex-
amino the papers. Mr.. Lamb deprecat-
ingly held up the large bundlC OF docu-
ments, but the reading began. Mr.
Hubbard had suggested that as lac would
read the papers IN the course OF his ar
yulncnt. the plaintiff could then hear
| them: but Dir. Russell thought lac could
better understand them by reading them
| himself. than when read aloud, even
though the reader he good as Mr.. Hub
bard himself.
At the expiration OF about twenty
| minutes, which were strictly employed
by Lamb aud Russell in reading docu.
mcuis, the Court resumed its seat aud
announced its readiness to proceed.
Mr.. Hubbard took up the blll IN chan
| ccry and read it through. IN abstract
was published in yesterdays REGISTER
! lie followed up his reading with u run,
| ming comment on the matter contained
| therein, underworld To- show II up in lu
dicruus hight. lie said it would be a ex.
/ trcmeiy ridiculous TO regard, as the bill
/ set forth, the wires running from the
| Mcclure IOus" to the Il. * u. depot aa
| ncct ssary Tor the directing OF trains on
| the Il. a q. road, aud referred 10 Man
agct Tracy as the great affidavit man
I He then read an affidavit ui Manager
Wolf, Of the W. L office, stating that
| Tracy had come To him on March 10th,
| the day before the cutting began, and
| asked permission 10 make certain
changes oi wires on the poles in dispute
Thereby, US Hubbard considered, Ne.
knowledging these poles to be the
proper ol the \. X i. and not the H.
| 40
Mr. hubbard next read the answers
filed by the 4. X L. AMI the W. u. to
the bill IN chanccry, Each was u gen
cral denial of everything LAID down 10y
the other side. That the Il. 4 q. dil
not run as specified. that the division
from Washington, Pa, 10 Wheeling was
owned by the Pittsburgh, Wheeling 4
Baltimore company. that from Wheel
ing 10 Newark was the Central Ohio
company, &c that the b. 4 O. has not
AMI never had possession III the dispu-
tel poles. which were always the prop
rriy Of the 4. & Z. telegraph company,
As lar rs the general telegraph busi-
ness done by the B. * o., II had no
right, under its charter, to do such bust.
ne rs, aud that any citizen might cujuln
il from ~ doing These answers were
verified under oath by C. q. Rowe, SUI
prriatculent oi the W. u. and \. 4 I.
Tor this district.
Then followed long list Of atlidaylis:
W. &. lIumstunc, IN relation to the
rights Of the 4. & Z. 60 its poles ani
wire. James DAILY, what he knew Of the
Market street poles, II. j. Looms, 10
having done work on those poles for the
4. 4 +. Company, Chrls. Bchrcus, in
relation 90 hlS telephone line, John
Frrw, To- push button ut the itsVg1i.
csr Office, contracted with the \. 4 l..
Company, Harry Young, what he knew
irom seven years service IN the Western
Union office.
Mr. Hubbard wound up with gen.
argument on the merits Of the case, and
gave way 20 Mr. Russell 10 reply.
Mr. Russell said the other side had
come into court with great rush and
blustcr, but that was probably all. His
side Was luboring under the disadvau-
tagr OF having been picked up on
snap. with little time TO examine papers
and no time whatc ger 90 consider them
lie then plunged into a legal argument,
entirely devoid IT interest 10 the reading
public.
This Was continued until after five
o'clock, and there being ny indication
that the discussion would be concluded
that day, the court ADJOURNED until this
morning.