New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-11-02

M1t1ai Union Company; that the residue of the said
tc uss 10 he and was held by the said Baker under
the said agreement as trustee as aforesaid in
ecution and contamination OF the said contract the SAID
John g. Moore Co acting for the said Baker, Fahne-
stock Baou Scott and others and their associates TO
this deponent unknown, delivered as Aforesaid 10 TINS
denonent 30 600 shares OF Mutual Union stock; that
since that time said Baker. both for himself and
representing the other individual defendants herein
stockholders aforesaid in the Mutual Union Telegraph
Company recognized the said contract as being 10
force and stock being held by the said Baker
under the trust and PROVISIONS therein contained and
this deponent and the said Baker have had several coll
fererces touching the sale and disposition thereof
Deponent further saith that under the said contract
the said Moore Co., for themselves and their
ciates including the said Baker Fahnestock, Balou,
Scott and others, have received from the plaintiffs
large sum OF money, 10 w.t. $4,000 or thereabOus,
and received divers other valuable considerations
dismissal the said suits mentioned in said con-
tract depOnent is informed and believes the
said Baker Fahnestock, Scott and Baou have confed
Grated together TO violate the said agreement and
Mace in trust a majority OF the capital stock OF the
said Mutual Union Telegraph Company, including all
the greater part OF the 10000 shares held by the said
baker az aforesaid In trust under the said agreement
and that object of pooling the sald stock Is To
fraudulenty and in violation OF the said trust deprive
this deponent and his associates named In the SAID agree
of the power TO dispose OF and control he SAID
10000 shares as therein provided that me object o
render the property purchased by this deponen ana ms
associates ON the faith thereof almost, II not "hOy
valucless and will work irrepsrable injury to this
depOnent and his associates that this deponent ana the
which was as aforesaid to held joint interest and
for the common benefit OF the eestut qne trust each
being Jointly and severay liable for It's fat4G TIesu
City and County OF Sew-York.
Norvin Green teing duly sworn deposes ana says as
follows: ,,,
am the president of the Western Union Telegraph
Company, and such president at the time OF Tue
transactions referred TO la the foregoing complaint III
this action / am familiar with the contract made on
or about the 9th day OF March 1882 between JOhn IL
Moore CO.. representing themselves and Othef Stock
holders of the Mutual Union Telegraph Company and
Jaw Gould aud associates. representing this company
as sci forth In the foregoing complaint The stock ana
bonds of the Mutual Union Telegraph Company therein
referred TO have duly taken and paid for ny thls
company the stock being eft IN the name OF MI "ou
uDder the trust created by the said agreement go,
On or about tue 10th day Of July, ISL
Mr.. II. Il. Hensen, the treasurer Of the MUTUAL
Union Telegraph Company, called upon NE III
respect 10 the seventyfye bonds OF the Mutnal Union
Telegraph Company then remaining 10 be taken Dy ms
company under the said agreement. hr. Henson IN
formed that the Mutual Union Telegraph COMPANY
expected take up the seventyhye bonds Az 90 per
centum of the par value thereof under the agfesenI
referred and had conversation together con
corning chances Of the Mutual Union Company pay
ing these bonds do not remember the pre-
else language used but therrupOn directed the treas
OF the Western Union Company 10 tako the ponds
account Of this company aud md In the treasury OF
this company dated July ~. 1882 receiped
by the First NATIONAL Bank Tor the sevenynye bonds at
50 per OF hsr par value les. retained and
deducted making net amount OF S67750. think this
receipt presented to Inc BY the treasurer VI the