New-York tribune., 1885-07-17
THE TELEGRAPH FIGHT.
JUDGE sH1pMAN GIVES HIS DECISION.
THE DANKgRs AND MERCHANTS' COMPANY MAY USE
ITS sINEs-THE MAIN ISSUE UNsETTLED
fBr TELEGRAPH TO Zan rRIBuxA


disqualification for acting upon the confirmation Of the
contract made by Receiver Harland with the Western
Union Telegraph Company II has boen alleged that he
| part owner In building hero occupied by the
Western Union company The tact Is that he Is small
shareholder In the American Telegraph and Cable Com
pany which is leased by Western Union aud whilo
the United States statutes do not dsquaify him, the
State statutes do.
Arguments were made to-day the question raised
yesterday 10 order OF the court to allow the
Bankers and Merchants Company to have the use OF
wires exclusively it's own under alleged contract OF
| October, 1883. by which it aud the American Rapid
Jointly agreed to payment for the use OF the property Of
each. Ex-Judge Dillon made argument approving
the OF the receiver. He said that he was not
aware of the alleged contract OF October, 1888 and
that there record OF 1t. He argued that tie
Western Union is entitled to the Rapids extended lines,
and produced afi iavt Of General Manager Eckert
that lines understood to belong exclusively to the
and Merchants had not been taken possession
| OF By the Western Union
Il has been charged that wires by
Union cut out of malice and to inure business
rival on this ground Judge Dillon read affidavit OF
Superintendent Humsone, OF the Western UnOn that he
proceeding Under contract to connect all those wires
with the Western Union, when he stopped by law
The Western Union" he sad is conscious of doing
wrong aud has only taken such action as 1t justified
In taking under the contract"
1T Is fact" said Judge shipman, that Receiver
arand been able possession Of the books
and papers OF the American Rapid other than copy OF
the minutes aud some OF the earlier papers Who Is re-
sponsple do not know"
Colonel Ineersol read from affidavit Of Mr. Best
OF the Bankers aud Merchants. showing that
the contract OF October lsS3 existed under which each
company was 10 Pay the ther s. q mile OF wire for the
poles erected by each These poles and wires Of
both companies can be easily idertifed,' he said.
What we ask Is the restoration of the Bankers and
Mcrchanls wires Bankers and Merchants poles aud
Bankcis aud Merchants wires the Rapids poles.
This be done without injury 10 anybody until the
contract Of 1888 Is judcialy determined ana the
cciver's contract IA lnay acted upon. such a
Will saFc the Bankers AMI Merchants ans-xpense of
S20JO day AMI < va. employment to l,500 mcn. be-
dei for the time being, aorling competition III bust
mesa"
Some things think have been cleared up In the pro-
gress OF this inyestig aton said the Judge General
arlnd receiver. In entering into contract with the
Western Union entered into 1t openly and with the fu
understanding July that the Western Union would
be In competition with other companies, AMI to the
satisfaction oi counsel for the holders oi receivers
ic''c.. provided his cionts had iui OPP oituny ior
competition. The claim oi uile 10y the BanHers ani
recelyeI. by the Western Unlon - Substantially con
fined io certain set oi wires called Tor cOnNcncnee Inc
stfing wires. The contract with the Western Union
which General liulani entered ntO IL any contract - To
furthermore alleged the Que part that the stIing
wires capable O Identification aud that they have
been identified think IL will be admitted inat tlis
allegation that string wires are aud can be identified
mas been made tor the time to-day on the other
side IL mas been alleged that strin. wire. have bcen
pad FOR y the American Rapid II Is impossible for nae
upon afdavt-; and tlose preseniei on one SIDE only,
determine whether string wires are or are not the
property OF the Banners aud Merchants IL is mpOssi-
bic SAY whether the contract OF October l5 1883. was
under the mortgage 1t 1, then impraccable FOR
me Judclly to rd anything IN regard 70 the Bankers
and Merchants claims. thinA IL VIII DC Hinltod tntt
the location OF those wires indstinct aud unknown
By the receiver until to-day.
Now the simple question Is. what is there to be done
pending the action 10y thlr Court upon the RECEIVERS
conIract Pendne the action OF the Cohrt Tie Bankers
AMI Merchants, Offices closed and Its employees IN
There Is claim. distinct clear aud definite.
Ii f. right. ana IL l. also beat thar pending the acion OF
the upon this contract the wires In dispute shall be
In tho control OF tie Ban. er- ani Merchants
HERE the main nne to be settled. Snail any contract
be made with the Western Unioni lt u best mat tue
shall bc presented IN is Integrity {, the Court
the Banker- and Meronants' Company rendered
Of the wires denominaed string wires and upon
his acceptance oil such tender that me receiver cas. 10
connected With the wires OF tue Bankers and Mer
chants the wIrrs spccntd In tho affidavit OF Mr. Jones
aud desisn3ed upon the maps on NE. s az 20 oe ne
by tho receiver subject u the order of this Court and
upon the confirmation OF tne contract with the Western
order ]"
The sale OF the Banker, aud Merchants Teleg raph
Company property which set down for to-day. Will
e pn.tponcd by order of court TIL Friday. This Is
necessary Of the pone mont Till next Tues
day Of the hearing Of the motion made In behalf OF Mil
lard H. Powers Tor reopenng OF the decree OF FORE
closure under which the sale originally announced
The lawyers all slos are waiting before further
the vital point. at issue between the Western Union
Telegraph Company and the Bankers and Merchants
interests
TRYING TO GET GEOjHEGANs PROPERTY
The recital of the virtues possessed by the |
Iamented owney" Geogheean before Referee Lyon
Yesterday brought tho rccolcctlons OF "Owney" too
wildly 10 Mrs Gcoghogan. tho claimant, aud after
wIpng tho tears from her eyes she left the with
her pretty child before the first got on the stand
gans ppcrs said that he had worked for Geoghegan
and had frequently heard him call the claimant his vile
John Dew. the witness, lived In adjoining apart
ments To Groghegan. IN Eldrdgest one day." tho |
witness said There NOISE In Gcoghcgans roomsand
Mrs Geoghegan out OF her rooms and said 10 my
Wife Como here Mrr. Deor' My wife went Into her |
Kitchen Owney was sitting on n chair. and Mrs Geo |
ghegan walkcd up to him and said, Owney there are |
people In this house who say we're not married Am
and that Is my child pointing to the little girl that
Frank " hiie. the light weight boxer next watzed
merrily to the witness chair lie was on Intimate terms
c,nnsr an rst met HIM in 1875 Geoshegan INTRO
duce the claimant to him IA his wife, aud was proud of
When eogbcgan went to Florida ho told the witness that
he going TO take his wife, meaning tho claimant.
kept quiet there would be riot In his place In the
Bowery when Geoshesan Vas on BlaSkweis Island
the witness saw him every day t'eoshegan sent from
$40 to - c week %Sen 70 hs wa, from Prison
"wlI 20 for priest Owncy - tue witness asked him
you ihlnk 'm going to DIE Well, II | do die. Frank
want you to KNOW that this woman ttho clamanp Is my
wife, aud o that she gets her rights"
The Witness bought out Geoghegans place In the Bow
cry from John Kelley for 81. Iio tried to get
n license and failed and then sold tho fix
lures and kept ihe proceeds. Ho hadn't the
fnintes idea what they amounted to- Before this con.
was begnn" he said, Ryan, tho brother nlaw OF
.Owney came to and offered $1,000 to get out OF
the city and not help 'Owneys' wife to make ont her
claim get dues" The hearing was adjourned un
I'll next Tuesday.
MRS. VAN ANTWERP TO HAVE HER CHILD.
Justice Barrett has confirmed the report OF
Referee Rcqucr giving tho custody OF George Irottcr
Van Antwerp tho child OF William ani Elizabeth Van