The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1881-02-09

RfPnRlfD III HSitb-A pt'lNlVN AHhHb
FOR TO-DAY, &C. sc.
The United States Circuit Court convened
I'm this city ycSicrday-Judges BOND ana
Hughes presding-to hear the application
Of the stockholders Of the Atlantic. Mi>sIs-
sippi and Ohio railroad 10 be allowed to- re-
deem the road and ro0rganiZe IT under
Virginia management and ~ the interests
spccitjed in the charter. The interesting
nature of the case and the array OF dlStln-
puishcd counsel caused the courtroom to
be dcnsclv packed long before the hour of
opcnine: indeed. the scene OF Yesterday
forcibly reminded many OF the occasion
when the celebrated ease OF The United
States IS. Jefferson Davis was called.
THE COUNSEL PERSONAL.
In the proc ,edines Yesterday only Judge
Shipman and Joseph II. Choatc. Esq, OF
counsel for the consolidated b6udhOldcrS.
and General Il. +. Butter and Captain John
:. WISE. for the Atlantic. Mississippi and
Ohio railroad. took part. but the following
gentlemen-IIOn. W. W. Henry, l.. X.
Page. ESD, Judge w. j. Robertson, Charles
:. S;Iingfcllow. Ed, COlOn5l W. W. Cor
don, Judge W. W. Crump, Hon. John W..
Daniel, and u. \. Hinton. E,q.-are inter-
o>ted IN the case and @crc present ycSicr-
dlv. Among the spectators present may
be named the following: Hon. Thomas
:. Bocock, eX-Uniicd states senator
John +. Lewis, Attornoy.Gcucr1l Fleld.
Hon. William WHIT Henry, Judge Mar
,Lall. Unucd states Di>ric'-Atiorney
Lewis, Colonel Charles ;. StIiu"ielloW,
Judgc John f. Browne, and John -. HorS-
}ev. Of Nelson; John NccieV, OF Accomac; :;
John Co,liu>on and Mr.. Douglas Gallon,
of England, representing English bjhu-
holders: Colonel ". ". Gordon, General
William Malone. +. K. SCOT, president
Richmond aud Petersburg railroad; Cen
cru V. u. Groucr, \. ". Kelley, Cijy Al
torpc> ,Jlmc> II. Doolry, Major Alexander
Camrron, of Petersburg; {. +. Perkins
and lI,nr, Fink, receivers oI the ROAD; r.
j. kimbill and ". l.. BoNcc, Of the Shcnah-
doan Valley railroad; II. y. '. Post. "l
New York: Lieutenant Governor James
J.. Mllyc, T. +. Vi ior stcno"rapher
aud private secretary OF Grucrii Butler;
Mr.. II. {. Parsons. yice-prc> dent OF the
Richmond and AlIcghauy railroad; Robert
Howard, l.. Il. Page, cX'Judgc Cloplon,
john Hunter, j., eX.Staie Audiloi Asa
EorDrS. JUDGE Wdddillof llCnricO, General
who are members Of the Common Council
OF Pcier>bure: :. v. Ncnable, :. =. Ar
linot0n. and james Gillian; together with
Judge Mann. OF the Hustiug, Court OF Pc
ter,burg: Mayor Cameron; NhGinu- john
son. city treasurer; and cX-DcIcgatc George
:. Bernard, Of the same cliy.
GENERAL BUTLER ENTERS.
shortly after the opcning Of the court
General Butler came IN, attended by his
private secretary, +. +. Major. Esq. lllN
entrance created quite stir among the
large crowd, but he quietly walked up to
The bar and took his seat, seemingly unc0n'
sciou> 0f the fact that he was the observed
OF all observers. No one who had ever
seen hi, portrait failed TO recognize the
strouglv-markcd features Oi the hero Of
Dutch Gap.
General Butler. by leave OF the Court. re-
tired for consultation with his COLLEAGUES.
ana after am absence Of about half an hour
returned and begged leave to file the fol-
lowing petition, which was read by Captain
John :. Wise:
THE PETITION.
In the Circuit Court OF the United states
for :he Eastern District Of Virginia.
Francis SkiGdy and ats rs. The At
lanlic, Mississippi and OhiO Railroad and
ats.
10 the Hopor0Jie JudqeS thereof;
Your petitioners, the Atlantic, Mi,>i,-
Sippi and OHIO Railroad Company, respect
fully represent TO the court that nOtWith-
sanding effort upon the part OF It's presi-
dent. directors, and stockholders, it has
hitherto been utterly unable 10 obteln
means whcrcwilh To meet the default upon
its bonds issued under the consolidated
mortgage upon its property.
Bat within the last fortnight capitalists
residing in New York and cl>eN here baye
examined into the affair, Of >md Atlantic,
Mississippi and Ohio Railroad Company,
and expressed a willingness, 10 advance the
money necessary 90 redeem said road, and
petitioner believes that if the sale Of said
road j, DELAYED for reasonable time The
money can be raised to redeem said road if
thi, court will permit them 80 to do,
aud VIII enter an order >ubr0ga;lng
the parry 50 advancing to the rights
Of the present holders OF the claims
for which the road l. u be sold,
or will enter such decree as VIII Sc
cure them for the >um 20 paid 10 redeem in
preference to. and IN advance OF, the lien
upon said road now held and owned by the
State OF Virginia, and rs an earnest Of the
GOOD faith Of said parties they viii deposit
in the registry Of this coult the sum Of one
hundred thousand dollars as an indemnity
to all person, interested in said sale against
loss or damage by reason Of the postpone
mcnt Of the sale hereinafter prayed.
In consideration OF the premises your pc
titioucrs pray:
First. That the decree Of May Q, 1879,
declaring the time OF redemption closed
may be opened in that regard.
second. That the sale Of it, roads adyer-
tised, for February 10, 1881, may be- post
poncd for ninety days, and that the time Of
redemption may be extended for the period
OF sixty DAYS.
Third. That this cause be referred to the
master, with direction TO report with all
convenient speed The amount to be paid 10
the plaintiffs in order 10 redeem SAID road,
with leave TO petitioners or their associates
to pay of the same, upon motion, at or be-
fore The time limited within which re-
dempion OF said road can be effected, and
that said receiver, be required TO settle
their accounts, with leave TO any party in
terestod to apply TO the court Tor decision
OF any disputed matter in The account.
Fourth. That in consideration that the
lien. Of the State OF Virginia is next in dig.
nifty 10 the consolidated mortgage, aS the
State Of Virginia has suffered the time TO
elapSe IA which she might redeem, and has
made 10 application TO the court TO redeem,
and ~ otherwise the payment now proposed
would eaAGe 10 her benefit, the court decree
that the company, as the parties advancing
said money at the rcqdest OF the company
shalt be subrogaed IN respect 30 all sums
paid Ia the holders OF coupons under The
mortgage) to the rights Of said
holders, 50 that the State Of Virginia may
1ot redeem SatdToadS without paving 10 the