New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1885-07-15
qELEGRAPH EIGHT PUT OFF.
THE coMBATANTs GOING TO HARTFORD

AZ ADJOURNMENT UNTIL JUDGE shifhAN ""N"'
A DECISION.
When the several motions on the calendar Oh
.,o suoreme Cours Chambers, involving tho Eerits oil
~. - ~ tina western Union Telegraph Company
I'D ,ho BANKERS and Merchants Telegraph Conpah! 10
tle nlant of the American Raj Id Telegraph company
were reached yesterday morning a great array VI ~
xers and spectators interested hlled the cour'-roo
Amonr them we're Colonel Robert u. lngersoh' repre-
septng principally Edward S. Stokes VINO mas "eay
tbree.ouarters OF q million dollars invested in 'no
Bankers and Merchants receivers certnca'cs' ma
n s,etson Iauterbach e. spngarn. and seward Ia
Costa A. Guthrie for the reorganization co'"",'o ="
the bondholdcrs of the same compaiy' iuHoi' No' ~
Mcclure for the Farmers Loan and trust Company )
1,snrv J. sehenck and Joseph Fettretch. for General
,s-,sxorth receiver OF the Bankers and Merchants;
Aaron j. vandcrpoel and Dillon swayne Tor the west
s,, Union Telegraph Company; William g. Wilson, Tor
,ha American Rapid Telegraph Company. and Joseph
,,syaeh for bondhOers Of the Bankers aud Merchants
fmrany who attacking tue decree Tor the sale OF us
rroper,y under foreclosure. The pending motions were
a. follows: motion vacate the order directing the
receiver OF the Bankers and Merchants Telegraph COM
,v IN transfer to the Western Union Company, acting
a. agent of the receiver of the American Rapid Company,
nil the property of the atter motion 10 vacate the stay
of proceedings obtained by the Western Union motion
o. omen the decree OF foreclosure in the suit OF the
Farmers Loan Trust Company against the Bankers
and Merchants; and motion for the removal OF the
rrmers Loan aud Trust Company from the position OF
,,ee Of the $4,000 900 of mortgage bonds OF the
BANKERS and Merchants.
Mr. Auerbach. supporting the last two motions said
that the petition on WATCH they were based had been
served upon the opposing parties; to which MT. ia
Costa replied that he had not receivedit
Colonel ngersO said that behalf OF the holders OF
NJ the receivers certificates issued by the order OF
this court he would adjournment The order
made by Judge shpman Of the United States Court at
Hartford" he continued, allowed his receiver to make
such contract as he fit with any other person or
CORPORATION to take possession OF the American Rapid
Tslegraph property. have been informed that this
court acting under the order made by Judge shpman'
Its receiver deliver TO the agent OF that
receiver the property OF the American Rapid Company;
that after the agent OF the receiver OF the American
Rapid-the Western Union Telegraph Company-pro-
Ian RAPID properly Now there is. believe, decree
for the sale Bankers and Merchants property anu
there a. a motion the calendar. believe, 70 come
directly after this upon that subject Tue western
Uui,n Company spretcndng to act nnder the oruer %
Jniye Shipla only took possession OF the property
or ,the American Rapid but took possession Oh tne
property Bankers and Merchants cut HUNDREDS o
wires belonging that companylaid Tor 0y It's money
strung on poles belonging 10 that corporation wires ana
roes never claimed by the American Rapid IN any way
Now the question would II be proper 10 sell tns
property that condition. to sell IL wme " u III INC
ny eDirely agree with you," said Justice Donohuc,
interriltng F" have taken this view from tho start
Vow continued Colonel inser;o no ,c one OF
them at private sale Laughter Therefore l move
III
these motions be adjourned until Judge Shipnan has an
OF portunty Of approving disappearing what mas ose
Goue uder colJr Of his order We say that MS oruei
has been violated that outrage has been committed
aud certain wolf pretends that ne acted aner an
pass upon them and ask your Honor TO adjourn these
u, lions until such time as may be proper. IT.,
Mr. Fetretcb said that he was IN favor or an adonrn
nent Mr. Mcclure. on behalf OF the Farmers Loan and
Trust Company. said that the sale had already Deeh
d Leen advised and instructed by all the parties In
Interest necessary for all that te ssie
nressed the matter OF our suit to judgment
aud 10 q sale" he said. I'VE stand here ready TO follow
Ne desire II to go on record that II the court does
ndIourn sale and motion 1t Is desired ny the pond
Mr. Auerbach said he would not ask for an adiourn-
nent. while Mt Da Costa requested an aaJonrnneni;
slaughtered by such backhanded action as that OF the
P"M r. WILSON for the Western Union Telegraph Com.
pany here spoke up On the part OF the receiver ana
The Allegations that have been made We deny having
taken any property except what belonged 10 ns aho W.
vtlinS 10 meet the matter here before Jndge
fhpman. The whole property now rs TO remain entirety
Mr. Da Costa said that he understood that Judge ship
man had down the hearing before hir Tor THIS
Justice Donohue granted an adjournment saying: In
Ills case the rccsyershp of the Bankers aud Merchants
WIS ordered In September last Ihe receiver was
selected by those interest aud not ny the court From
oil the papers and proceedings IN court would appear
that the company run at great cost ana IL was
AGAINST the Judgment OF that tue matter was
allowed to reuain open. In behalf OF those VINO hcd
r cciycrs certificates the objection OF tho court was at
n " as not to interest OF the parties 10 nave that
cccree entered nevertheless as there was no oec"n,
the order signed The decree, IN my uns cn' ~
form and substance protects the rig IL OF no one Dut
n no erson interfercd the court had right 10 make u
think It IL tho interest OF all parties that the matter
saonld be considered and therefore shall grant tho
adjournment In the meautime the parties should con-
slider the matter. This thug has gone on III very
elovenly manner up to this time, and now that parties
lake criticisms about 1t it's about time that the decree
was Strengthened that when the sale takes place
some one take title frD IT,
THE entire matter was adjourned until next Tuesday
Justice DonOhue announcing that In the meantime the
e,.y of proceedings would be binding on all The la
ycrs gathered In the corridor after the case was thus
disposed of. and arranged 70 appear before Judge
ehpman In Hartford to- day.