The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1880-03-20
THE TELEGRAPH wAR.
The A. ar. &w. o. Move 10 dissolve the
Injunction Granted the ID. 80.

The a. d r. q W. .. Move 10 Dissolve the
Injunction Granted the d. 30. n
Since the injunction was granted the B.
& .. Thursday, by Judge Cranmer, ofthe
Municipal Court, the attorneys OF the W.
U. and A. & P. have been busily ct work
in preparing cross bill, preliminary to a
motion to dissolve the Injunction, and
yesterday afternoon came before Judge
Cranmer in sessions with this bill, which
was read, alter which motion was made
to dissolve. The bill Is merely denial OF
the allegations Of the bill fled by the B. &
o. in support OF their motion for an in.
junction, and which appeared in yester.
days 1NTKLLldENcER. W. P. Hubbard,
Gov. Jacob, the CoChrans and H. R.
Ferguson represented correspondents, and
Lamb and Russell the B. go.
Mr.. Hubbard began 10 read his answer
TO the injunction, and at the same time
to make some explanations as he proceed
ed, stating that the court would be ex-
pected TO take summary measures in the
LuatLeit anu alnoVIfo Iao LhIuhSttVh AZ
once.
Mr.. Russell interjecting.-"We will GER
tainly be allowed time to read the papers
in this case, and 1t is nothing more than
common courtesy among attorney practic.
ing in the same court TO allow opposing
counsel TO do this"
Mr.. Hubbard-"Your Honor, II there
ever was plain case Of misstatement OF
facts, this is one. The very man who yes
terday made the affidavit upon the
strength OF which this injunction was
awarded, butth day before admitted that
the property belonged to the other COM
pany."'
Mr.. Russell-"Yes, and at the same
time counsel on the other side were hur-
rying off some Of their men TO Judge Mel
vim in Hancock to do the same thing there,
without giving US three minutes notice"
swell, then, you had notice." said
Governor Jacobs.
Mr.. Hubbard-"We have the right to
move for the dissolution Of the injunction
and the other side have no right to any
delay. We are ready and will 60 on. Our
affidavits are fully as credible and more
numerous than those presented on the
other side.
The Court-"G Gentlemen, we will give
you fifteen minutes to prepare the pa
pers."
"Your Hoaor-we can not get through
In that time" said Mr.. Russell"
"Well, ifyou hurry maybe l will prolonl
the time"
Gov. Jacob: ''You had better begin, il
you don't begin, you will never gel
through"
After this paradox, Messrs. Lamb and
Russell began an inventory Of the stoch
the other side had on hand, and at the end
OF fifteen minutes, Mr.. Hubbard called
time" but as the Judge did not appear
the reading proceeded.
At the end OF about half an hour the
Judge came in, and MIR. Russell said thai
: he desired to reply to the allegations OF the
bill OF the other side afterwards.
Mr.. Hubbard then read his bill and a
some length explained the status OF affair
as they, the B. 4 o. Co., claimed. and re
viewed the affidavit OF Mr. Tracy In very
caustic manner, saying, "why he Is no mar
on aifidavits at ALL"
I Mr.. Russell then began hisreply defend
ing the action OF his company and coming
to the rescue Of Mr.. Tracy. At about
o'clock Mr.. Russell said he was moi
through and the hearing was adjourned
until 10 o'clock this morning. Mr.. o. o
Rowe, the general manager OF the A. & P
and W. u, was present during the entire
time OF the hearing.
Mr.. Hubbard introduced several affidav
its, setting forth the cutting OF the wire.
by Hazlett, under manager Tracy's direc
ton. Also several, showing that the a. (
P, erected the poles and paid for them
and also that until the B. & o. took for
: chile possession, operated the wires.