Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1883-03-22
HEARING BEGUN
In the Matter Of Taking Tsstl-
m0ny
In the Case Of Russell in Opposition to the
Sale of the C., ,I.V. & ". Rail-
road Company by the Union
Trust Company.
MEETING OF PIG IRON MEN,

CLEVELAND, O., March 2l.-It will be re-
membered that upon the hearing Oh Inc
motion to confirm the sale in the case Oh
the Union Trust Company, OF New YORK.
vs.. the c., T.y. & W. Railroad Company
in the United States Circuit Court, opposi-
ton was interposed to the confirmation oy
Clement Russell, of Massillon, who was
former director of the road and holder Oh
the second mortgage bonds, because, as Mr.
Russell alleged in his affidavit filed in the
case, large portion of the second mortgage
bonds of the road which the purchaser had
turned IN as part of the purchase money,
viz: $62S, 900 were illegally issued, ana
therefore should not be accepted as part Oh
the purchase money upon which PRO rata
share of the purchase price should pe al,
lowed. and also because q large part OF
valuable coal lands along the line OF the
southern division of the rord were not
appraised and sold. ,,.,
The court Judges Baxter and WILDER pre-
siding, confirmed the sale, but directed
reference to a special master TO near testl'
mony and make report as TO whetner lne
$62S,060 bonds were illegally lssueu; Dr. -
isssed and hypothecated and sold, 10
whom so hypothecated, for what sum, and
10 whom sold; and second, what bonds, II
any, belonging to the defendant and SUD-
iect to sale were not sold, and the value
thereof? nil.
By consent of all parties A. ]. Kicks,
ESQ. the clerk of the Circuit Court, was
appointed special master to hear and report
upon the points named. NJ.
The hearing was begun yesterday in MI.
Ricks' Office. Present for Clement Russell,
Judge Boynton, E. J. Estep, and L; A. An
CELL, Esq, and for the c.. I. ': w. rail-
road, Judge J. w. Tyler, Selah Cnam Der
lain, president, Oscar Townsend, receiver,
and +. r. Perkins. Among the witnesses
examined were General J. Easement, OF
gainesville, one of the appraisers; b. r.
Morse, city engineer, and w. +. Turrlh,
the other appraisers. c nsidera)le inter-
est is manifested in the hearing and IL Will
likely continue several days, as the 9ues-
tions involved are OF great interest and the
amount involved quite large.
Mr.. Russell has been director OF the
road since it was built up to the time OF its
sale, and contributed largely OF his wealth
TO lead it TO paying basis. In Sanuary
last Messrs. w. +. Turref, Gen: Jack Case
ment and b. +. Morse appraised the road,
and their report showed: Total valuation,
| s., ,325, 1882; personal property, lnciuo'
interest int TIN in leased cars, $8O9,6il OF.
II is claimed by Mrs Russell in his petit
ton that extensive lands, lying between
Urichsville and Bridgeport said to be worth
| 5000 ,OOO were not included in the appraise-
ment, and he also asks that the following
bonds, issued without authority, be struck
out from participating in the distributive
share of the estate; bonds to the amount oil
$685. issued in 1877; first mortgage
| bonds Of the L. S. and Tuscarawas Valley
| to the amount of $4,000, and $4,000 first
mortgage bonds Of the Elyria and BLACK
| River division OF the road.