Pawtucket tribune. (Pawtucket, R.I.) 1890-189?, 1891-09-15
A TTNGB OF MYSTERY
Surrounds q Case OF Unusual
Importance.
OYER $i,OO0,OOO TIED UP.
Politicians Hinted ut as Having q
Finger I'm the Pie.

BOSTON, Sept. lb-Qeneral John w.
Corcoran and L. 8. Dabney came before
Judge Sherman yesterday, and made elab-
orate arguments ip connection with the
great suit of William McMahon VS.. James
N. Waterbury of New York, In which over
q, 900, 900 worth Of valuable securities In
the hands Of the Old Colony Trust COM
pany Of Boston Gro tied up by a suit at
law and bill in equity, which have been
brought by McMahon for the pur-
pose Of recovering t5Oo, 900 for services In
connection with railway to be built in
the city Of New York. The plaintiff In his
suit at law sues 10 recover 100000 dam.
age, and In his bill In equity sues TO re-
cover similar amount.
The answer which the alleged trustees.
the trust company, has illed. sets out that
the securities, which include stock In the
National Cordage company, Chicago and
Northwestern railway. Lake Shore and
Michigan railway, and the Transit I'm
provement company OF New York, were
ing provided that they should be delivered
then pending in the New York legislature,
should become law, the bills being as
sembly bills Nos ll79, 1850 and 1881, and
and senate Introductory bill No. Az
1t was also stipulated that the securities
were to be held until the City Railway
company Of New York had
Secured tho Necessary Authority
to operate It's railway In New York. The
trustees states that the securities were de.
posted by p. A. Collins and Charles l..
Atterbury, representing the parties In in
terest, and that they appeared TO belong to
hn Init II
land Hazard. In case Of the failure Of the
plans OF the persons interested, the stock
was all TO be delivered to Sumner 8.
Chandler. with the exception OF the Transit
Improvement company stock. which was
to 70 TO Roland G. Hazard.
The scheme did not 20 through and Mo
Mahon claims that he has disbursed over
$4,000 and wants his money back. It Is
whispered that prominent New York poll
ticians are vitality interested In this suit,
and 1t is regared as q significant fact that
not only arc the papers In the case appar-
emily drawn with an intent
To Conceal All the Facts Possible,
but the attorneys touch upo, tho fact as
briefly as may be In addressing the court.
and absolutely refuse 10 talk with news.
paper men about the case, although one
Of the counsel told reporter that IL looked
now as though trial would be had and
In that event some interesting news would
be forthcoming
In addition to tho Importance Of the suit
from a monetary point Of view and from
the fact Of the parties interested, there are
some interesting questions of law which
have been raised by Mr.. Dabuey, counsel
for the trustee, and practically represent
ing the defendant who
Hos Not Yet Been Served with Process.
Mr.. Dabney contends that the trustee can
not be held: 1. Because the suit was brought
June 10, 1891, and there could have
been no determination Of ths conditions of
the agreement CT deposit until July 1,
1891, unless the bills became law In New
York and the railway began It's operations.
q Because none Of the securities, by the
answer Of the trustees are shown 10 have
been the property OF the defendant, but
belong to other parties named therein. 3.
Because none of the securities can be taken
on trustee process by the law Of this COM
monwealth.
Mr. Corcoran replied at some length TO
Mr. Dabney and the court took the papers.
Judge Sherman decided that tAe Old
Colony Trust company must within ten
days answer the interrogatories filed by
Lawyer Corcoran, the object OF which Is to
find out to whom belong the tl,OOo, 600
worth OF securities deposited by Water
bury. His honor will defer. until these
answers are In, a decision as to whether
the trustee Is TO be discharged.