The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1893-01-05

IHh uuslNlNtN1h WAS AiSN JNHN"eNNI
in the Office Of the clerk Of the circuit
court in u suit which Is not only for
ono Of the largest amounts ever In
volved in u lawsuit in Ohio county, but
which has some ofthe most sensational
features alleged that ever figured in q
suit here.
The style Of the Nuitis "The Wheel
ing Bridge Company, a corporation,
against G. W. g, Forris, Gustav Kauf.
mann, W. D, UptsgratF, John NJ, swoe-
uey and William Z. Hubbard" and the
action grows out Of the construction Of
the steel bridge to the Island and tho
one to Etppyille. owned and operated
by tho plaintiff company.
At tho time the bridge was built
there were rumors OF speculative side
schemes, but never anything definite
cano to the public ear or eye. When,
few months ago. new board OF d.
rectoFs and now officers wero chosen,
there were again hints Of something
wrong, but they wefO too vague 10
make anything out Of, and although
IHrELMGRNCsR reporters at tho tin0 In
terviewed d majority Of the directors,
they all refused to talk, though ono or
two hold out promises Of sensational
Developments in the future.
THa PUBLIC suRPRIsEp'
Few people had oven those intima-
tions, however, and the allegations in
the declaration filed yesterday will
cause decided sensation in tho public
mind. The preliminary notice was
filed some time ago, but no particulars
were obtainable until yesterday, when
at lato hour in the afternoon, the
paper was fled.
ftisa worry yoluminous document,
and with tho other papers filed in the
case, as exhibits, tho matter fills thirty
or forty pages Of closely typewrltten
pages. In all, the documents would I'LL
considerably over page OF the 1NTELLt-
dENCER.
The petition recites that the plaintiff,
corporation, constructed two bridges,
across tho east aud west channels OF
the Ohio river. 1T was organized May
2S, 1850, John NJ cLure, Henry Schmul-
bach, W. p. Hubbard, w. D8Uptegrad
and John NJ. Sweeney being elected
directors, and reelected May 8. 1850,
serving until August 10, 1902, when
John Mcllure, Henry Schmulbach,
Joseph Speidel, John Adam Hess and
F. j. Parke were elected TO succeed
them, and this board still holds office.
II is further alleged that meeting OF
tho board was held on February "a,
1890, at the office ofW 7. Hubbard, all
the members being present The con-
struction OF the bridges had not then
been commenced, but the plaintiff is re-
liably informed that before that time
the defendants, George w. G. Ferris
and Gustav Kaufman, w. p. Hubbard,
w. D. UptegraF and John NJ, Sweeney,
had estimated that the cost OF building
said bridges and their approaches, that
is, all tho work contemplated by. the
company, and afterwards contracted
for, would amount to 1921, 900; that the
five defendants, threeo Of them belng di-
rectors OF the company, secretly and
fraudulently combined together and ar
rived at m understanding and agree
ment that the said Ferris & Kaufmann
should make an offer to the board OF di-
rectors to take the contract for the con-
strhction OF the company's work, ac-
cording to the specifications, for $452,-
600, being Sl25, 600 in excess OF tho cost
thereof as estimated by the FIVE defend
ants, who had combined and conspired
together as above mentioned,
Three OF the five defendants, the Pc
tition goes on 10 recite, who were mem
beEs OF tho board Of directors, 1t was
understood and agreed should by their
influence and votes secure the accept.
ance Of the said offer by the.board OF.
directors, which was accordingly done
at tho said meeting OF the board, May
"a, 1900.
Plaintiff further AYERS on reliable in
formation that 1t was farther agreed by
those so combining and conspiring that
tho difference between the contract
price and the cost of the construction
Of tho company's works, being estl.
mated, as aforesaid, Ut Sl25,000, should
DO divided equally after being received
By Ferris & Kaufman, $50, 900 to each
Of the five defendants.
1t is further alleged that tho work
done was not worth and did not cost to
exceed $4,000, but the company paid
Ferris & Kaufman tho contract price
Of $4,000, being thus detrauded out OF
Sl32O0O.
All that is alleged tho plaintiff states
on reliable Information took place with.
out any knowledge or Information to
John McLurc, president Of the com.
panv, or Horny Schmulbach, vice prcsl-
dent, who Worc also directors, nor
to any OF tho stockholders other
than the fvc defendants. Tho combs
nation, conspirtng and agrae'ng was
carefully concealed by tho parties
thereto. Tho defendants Hubbard, Up.
teEraH and Sweeney, being mOinbors l,t
the board Of directors, this plaintiff
says, contracted with Ferris 4 kHuH.
mann for tho construction OF tho com.
pany'a works for q fraudulent and onor.
inoualy excessive price, without any
knowledge 10 any other atockholder or
director, that any ono except Ferris q
Kaufman and this company were par.
ties to tho contract.
Tho circumstances Under which tho
charter was received and the names Of
the ircofporatorsa arc then rocitcd, ana u
Ia alleged thatno plan was formed def.
nitely until October, 1880, but that II
was already understood among tho do.
PENDANTS that they would 10 interested
in tho profits, and that Ferris \ kault'
manli should take tho contract arg ro'
turn 10 Hubbard Sweeney and Uptp.
gran their proportions OF tho profits
from thB,oxGcutlUn Of The contract,
II was agtoed Ia ufdor.tO oncudrhgo
snbscrplionBthat zach Of tho incorpora.
Nnhn nlnlllI -alllA.nallAnLn lahAL In nlnnliik