Savannah morning news. [volume] (Savannah) 1868-1887, 1886-11-12
BROUGHT TO A HEARING.
THE DUBLIN AND WESTERN
RAILWAY INJUNCTION CASE.


Company's Books and Papers-Wi'-
nesses Examined on Both Sides-The
Case to be Argued To-Day.
After being postponed so frequently
that it would bother double entry book
keeper to keep an account OF the number
Of times, tae injunction case against the
Savannah, Dublin and w estern Railway
Company was taken up before Judge
Adams Yesterday morning and hearing
was begun.
number of attorneys and Off.
Gals Of the railroad were present as
were also several creditors OF Ferguson Il
Co., the complainants IN the case. Quite
an array Of counsel for various parties
interested IN the proceedings was in
waiting for the court 70 be opened. Fer
gus0u 81 Co. were represented by sam Il.
Jemison, Esq, OF Macon, and W. w.
Fraser, Of duBignOn & Fraser. Denmark
d Adams represented the Tall nay COM
pany. II. X. Richards, Esq, was there In
the interest OF the temporary receiver 81
the road, Mr.. Solomon Cohen. W.
Clifton. Esq, represented TWO civil engi-
neers who had been employed on the road,
Maj. j. Z. Clay brook aud r. II. Young.
SOMETHING OF A SURPRISE.
MIR. Jemisou made the first move, and
IL NdS HbAiltbuAbG vi a SUI n A9Cs 4lc VI
fered a preliminary motion TO substitute
some Que else as receiver in place OF Mr..
Cohen. The Sheriff OF the county or any
other responsible person would be salts
factory to Ferguson & Co., counsel re-
marked. As reason Tor his motion and
IN support OF 1t, the attorney read some
correspondence from the temporary re-
ceiyer 10 the complainants, in which Mr..
Cohen gave notice that he wanted
TO withdraw his bond, stating
that he as tired Of II, and intmatiHg
that he had not been able to protect MS
interests any better aB receiver than ii
he mad no connection with IT, Mr. Jemi-
son argued that il the temporary receiver
was disposed to use his ptiice for his pri-
vate advantage, it would be to the inter-
est OF the com claimants to have some one
else appoibted. Mr. Richards asked that
the melton be put In writing and thar no.
tee be served upon Mr. Cohen. Mr.. Adj
ans, in behalf OF the railroad company,
suggested that perhaps 1t would Be found
later 10 the case that no receiver at all
need ne appointed. Judge Adams decided
tHst tie question might 70 over until to-
day.
NO LETTER BOOK PRODUCED.
The complainauts' counsel then read
Judge B0yniOn's order requiring the Off
GERS Of tae railway company to turn over
TO the temporary receiver tnejr ledgers,
day books, casu books, stock books, cEar-
ter, surveys, estimates, letter book, etc.
Two books OF very unimposing appear
Rnce, Which iurned out 10 De the ledger amt
day book, and asmall pile Of papers which
were on be desk VI the counsel for ne
defendants, proved to be all that the
Secretary and Treasurer Of the road had
turned over. Mr. Jelnison stated that
adequate. He claimed that he
was entitled, under Judge Boynton's Or
der, to more books and papers. lie was
asked 70 particUlariZe what be wanted,
aud he said tue cOmpany's letter book,
which ought 70 contain copies OF letters
lhatpassed between Ferguson q Co. and
the officers OF the road.
DID NOT KEEP LETTER BOOK.
Mr.. D. II. Hughes, the secretary of the
company, SAID that he had not kept let
Ter book Tor TIE company.
The c0mplainants' counsel observed
that the c0mpany's way OF doing business
vas matter tor significant comment.
Mr.. Hughes explained that he had
copied some important correspond
snce concerning the railway
company in his private let
ter book, but he d not think that be
lad any correspondence relating TO Fer
guson & Co. Mr.. Il. K. Johnson, the
Treasurer of the road, was called to the
stand, and he stated that the day book
md ledger were the only books the COM
pany bad. On crOss-eXamlnation ne said
that be had been served with copy OF
Judge BOyntOn's order, but had not
obeyed it by turning the books over to the
temporary receiver. Some discussion
followed between inc attorneys over the
completeness OF the return OF books and
papers, aud then the reading of the bill
OF complaint and aAidayits by the defend
ants vas commenced.
INSOLVENCY CHARGED.
The bill charged That the railway COM
pany was indebted 10 Ferguson Is Co.
some $4,000, and II also charged that the
company was insolveut and negotiating
TO sell out. The aitidavits were drawn 70
substantlate the declarations in the bill.
r. >. Paine, in n affidavit, gave the sub
stance OF different interviews which he
had with Mr.. Arthur POu, the Chief En-
gineer OF the road. In one conversation
Mr.. POu said that he bad been deceived ID
regard to the financial condition of the
company, but he thought 1t would get
money TO settle with Ferguson II Co. POu
stated that he did not think Ferguson &
Co. would lose anything, because the
subscriptions would be sufficient to sat
isiy the claim, Pou claimed that he had
SUBSCRIBED $1,000 himself At Ia later in
terYew, held Aug. II, he was doubtful if
the company could get money.
AT that point the compliments offered
a letter from Philadelphia law firm stat
ing that a judgment had been obtained
there against the Savannah, Dublin and
Western Short Line Railway Company
Mr. Jemson thought II quite likely tuat
such judgment existed, inasmuch as
"Philadelphia capitalists had figured
largely in the prospective building of the
road The letter, however, was not adj
united, on the ground tnat certified
COPY of the record OF the Philadelphia
court would be the proper evidence.
THE CHARGES ANSWERED.
The defendants, In their answer to the
bill, denied that they were indebted TO
Ferguson Il Co. IN any such sum as was
claimed, and denied that they had ever
negotiated 10 sell out their franchise.
They claimed that the company is solvent,
aud prayed to have the restraining order
dismissed. AGidayits OF the Treasurer,
President and other officials were read in
support Of the answer. Before the de.
PENDANTS finished reading their afhdavits
Judge Adams called for the remaining
papers. saying that he would read them
himself, aud the court took a recess until
10 O'Clock this morning, when the case
will be again taken up.
Among the ORANGE Bt0eso ms.
Mr.. }. A. Cook and Mrs. Matte /.