Evening star. [volume] (Washington, D.C.) 1854-1972, 1890-09-17
POINT LOOKOUT RAILROAD.
Contest for Possession OF the hooks and
Papers Of the Company.


Contest for Possession Of the Hooks and
Papers Of the Company.
JrpoH BnADLfY ovKnnuLKs TIE MOTION roR
rHKn RkruHx TO MnA SUIT AND nR YFl-
HAN-AoaE ArvIpAvrrs II THE cAsr-rHx
fRocxIpxos TO-DAY.
Judge Bradley this morning, sitting in
chamber, heard tho motion for the return Of
property (taksn on Saturday last under writ Of
repievin) in the case Of the Washington City
and Point Lookout Railroad Company against
Mra Rosa b Suit and Charles Pelham, execu.
tors Of the viii Of q T. Suit, deceased Mr..
W. Z. Duhamsl appeared for the defendants,
and Gen W. H. Browne for the compiainants.
In support Of the motion the afidavit Of Mr..
Pelham stating the manner in which the goods
we're obtained was read, and he was examined
at length - 10 the statements in IL by Gen.
Browne.
AFFIDAVIT or y. C. STEVENS.
For the complainant the afidavit Of r. c.
Stevens vas read setting out the incorporation
of the company; that one year ago meeting
was held and that W. j. Best Of New York was
elected vice president and general manager.
Mr.. stevens gave certain correspondence be-
tWccH mf. feiuam anu himself IN WHICH tne
former asks information 90 10 the meeting, who
participates in il and the prospect for selling
the franchise. The response did not seem TO
be sstisfactory. and in q subsequent letter Mr..
Pelham questions the legality Of Mr.. Best's
election, states that John l. Thomas had been
retained by Mrs. Suit and suggests that Mr..
Thomas be made president Included in the
letter 10 . proposition Of Mrs. Suit to
sell her interest with books, papers, &C.,
for s4.5oo net. Mr.: Stevens then
states that he did not see what Mrs. Suit had to
SELL aud that Pelham showed him the books
and papers, which he (S. claimed belonged TO
the corporation, and after they went over the
papers he proposed that they should be turned
over to the company, and he (s.) would use his
endeavors to bring about an amicable settle
| against Col Suits estate. Mr.. Pelham went
over to see Mr.. Thomas, n meeting OF the
directors was held, six of the nine being
present, and they agreed to waive any Claims
against Mrs. Suit and directed Mr.. Stevens TO
take measures to secure the papers. He states
son. and asked him to give up the papers. This
request he refused TO accede TO, saying he
would not recognize the Best Company. He
(Stevens) then procured counsel and obtained
the goods by writ Of replevin and he denies
that any private papers were included. He
denies that the Suit estate owns q majority Of
the stock, and states that the majority of the
stock is represented by Best He denies that
he was acting as Mrs. Suits counsel or that the
parties were insolvent, and asserts that Mrs.
Suit is not stakeholder.
OTHER AFFrDAvITs.
The affidavit Of 4. A. Stephens corroborat-
ing the above, was read.
AFFIDAVIT OF MR.. BEST.
The affidavit Of Mr.. Best was read, showing
| that the capital 10 S2,000O 900; that the
bonded indebtedness is sl,5i9. 900. secured on
the line from Hyattsville to Shepherds; that
he is vice president and represents 80 per cent
OF the stock; that the Suits own no stock and
are indebted to the company for SIS, 600; that
the property was offered for sale TO him and
| he refused to purchase anything other than
| the stock claimed to be owned. He then pro-
| nounces false the statements as to him in the
| afiidayits filed.
STATEMENTS OF COUNSEL
Mr.. Duhamel claimed that the papers were
| defective and that il was not suit by the cor
poration and alluded to the bond being in the
| sum of 800 only.
| Mr.. Stevens said the surety had qualified as
worth s47 900 in property in the District.
Mr.. Pelham said that the indebtedness to
Mr.. Suit was somewhere In the neighborhood
Of $4,000 and that in the papers were books
relating TO his private business.
The judge asked il it was claimed that Mrs.
Suit should have the books and papers of the
corporation.
Mr.. Duhamel stated that until there was
legal right shown by the company she had the
right to the papers, but they claimed that these
parties did not properly represent the corpora.
| ton. He asked for the return of the papers on
| giving bonds.
The judge said that the books and papers
were admitted to be the property OF the COM
pany.
Mr.. Stevens said that they were willing tina,
| all the private papers should be returned.
Mr.. Duhamel then suggested that the case
be continued, SO that the papers could be ex-
| amned
Mr.. Stevens objected to the continuance,
| saying that very important negotiations were
| in progress looking 20 the completion Of the
| road.
THE NOTION ovERRULED.
The judge said that the motion az made
would be overrued
The counsel for the railroad company pledged
themselves to return the private papers.