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


anteed by the street car companies OF
Wheeling. The total amount OF stock
was to DO 100000, as It now Is. Ferris
& Kaufman were to take the contract
at $4,000. and were to take stock and
the $500, 900 bonds rs part payment,
the rest to be paid in cash, All the de-
PENDANTS agreed to act together in place
ing the stock and bonds in such way
that upon completion OF the bridges
the majority OF tho stock would remain
in the hands OF Sweeney, Uptegratf,
Hubbard, Ferris and Kaufman; that
an agreement covering the method and
regulating the respective profits was
drawn up by Ferris Il Kaufman about
March l, 1890, q few days a(tor the &C,
Ceptance by the board OF directors Of
the offer OF Ferris & Kaufman, and 1t
was by Ferris & Keufm0np submitted
to the other defendants, hut was held
by them for along time without signing
II; that the offer Was made $452,00O, in
stead OF S450,000, as at first contemplate
ed, and they were to be allowed $751;
900, instead OF 100000. A copy OF the
original agreolnent is iled with tho Pc
tltion, 1t recltea;
WHEREAS, W D, UptegralF, q, VIC; Paris and
tinStnY Kaufman, nt the city nj Pittsburgh, Pnh
John NJ, Sweeney and ", 4, Hubbard, Of Wheel
Ing, have protected bridge across tho Ohio
river ut Whee!lng and after much trouble time
and expense have succeeded IN obtaining the
necessary authority from tho government 70
erect bridge atthat pOlnt and are organizing q
company for the erection OF said bridge; and
WHEREAS Tho said Ferris 4 Kaufman have
obtained a contract from tho said e99mpgny e
construct tho bridge for tho sum OF Slb1 uQOi ana
WlIRRHAs. Tho said ". D. upIograa has sub.
scribOd for sl25 O0U OF tho stock Uf said company
n trust lorthe above named parIiesi now there
fore, these
UnIegnlL G. ", q, FAFiS, GnStNy KaulImann
John NJ. Sweeney and = Hubbard. ipil1esSeth;
l, That tho said q, w. U. Ferris and Gustav
KauNN0BR Sl,all receive tho sum OF $l2I COO Tor
the construction, and engineering Of thesald
bridge, provided that no pneumatic clt3onA
are necessary for foundation Of the large piers
for the main channel span OF said bridge. IN
tho event Of pneumatic CalsSouS hetne necessary
for the foundation Of lhesO piers the said q, w
q. Ferris and Gustav Kaullmanu shall receive
$4,000 III addition 10 tho above named sum OF
St27, 900, md tho said sum Of $4,000 Shlll be
raised by tho sale OF part OF the trust stock or
otherwise.
2 That the nsscsSmen. on the $4,000 OF stock
held By w D. Uplcgralt shOll bo paid by tho
sIld g, w. q, Ferris md Gustav K4ultmann out
Of the sum OF money received bythem from the
company IN excess OF tho amount heretofore
mentioned in All, / OF tliiu agreement, Il being
necessarily understood that the money required
for tho assessments Qy levied on the sl!b,QUO o.
stock shah BIO first paid 10 W. d. UptegrRn and
tnnedasy pPon the receipt o. s W ~, money
to the treasurer OF the Wheeling bridge Conn
pany.
5. Recites that the stock Is held in
trust for each OF the five parties, $780,
600 for each, unless the extra $4,000 is
required, when it is excepted. The
trust is to continue six months afterthe
bridge ia accepted, or longer II deemed
best. Tho bill, after copying thiaagree-
ment, continues that at a meeting OF the
directors 1t was arranged that Ferris
should start a mock quarrel with Upte-
graf and Sweeney over the slowness
with which stock subscriptions came
in, and finally, apparently in anger,
agree to take the balance OF the $500, 600
stock, on condition that the contract be
signed at once. which was done, after
considerable discussion, on motion OF
Uptegraf, and neither Hubbard, Upte-
graf nor sweeney disclosed to ANYBODY
else that they were secret parties TO the
contract, aud said Hubbard, as counsel
for the board, drew up the contract.
The bill goes on to say that the COM
pany has fraudulently and illegally in
duced, by the five defendants conniving
and conspiring together the purpose
OF eltecting such fraud, to enter into
said contract, and thus illegally made
to suffer loss OF $l25,OO0 for which
severally liable to the plaintiff,
After reciting at great length the
history OF the company's finances, the
petition asks Judgment. It's sworn to
by Henry schmulbach, president.
II is alleged among other things in
the papers that the alleged fraudulent
contract to divide the excessive charge
was first drawn up by Ferris & Kau1.
mann, or by somebody for them, and
that alterations and amendments were
made at the suggestion Of Mr., Hub
bard, that the alterations appear on
the memorandum copy Of which is
fled as exhibit A, and are In his hand
writing.
MR.. HUbBARp's SIDE.
Mr. w. P. Hubbard not being in the
city last night, an ISrEILrarNcER re-
porter saw Mr.. II. NJ, Russell, his coun.
sci, who said:
"a short time before this suit was
brought Caldwell & Caldwell stated to
Mr.. Hubbard that they expected to
bring such a suit, and the latter then
told them the service would be accepted,
and by his direction il has been ac-
copied by me for him.
"Mr. John N. Sweeney as You know
has moved to Chicago, and process has
as l understand been served on him
there. Ihave no information in regard
TO Mr.. Uptegratf.
"The bill was only filed this after
noon, so have had no opportunity OF
oven reading over or comparing 1t with
rough draftwhich in our possession,
having heen furnished by the other
side, so that what have to say is baeed
on the reliability and correctness Of
what appeared in tho afternoon press.
This being the case ! hayo had no op.
portunityof answering tho bill.
To-day was tho last day OF rules, so
that an answer cannot be fled until tho
first Monday OF next month. AS the
bill Is very voluminous one, 1t would
have been impossible between 8 o'clock,
when II was. filed, and tho hour Of CLOS
ing the clerks Office, TO do more than
read tho bill.
''Mr. Hubbard expects at tho first op.
portunity to answer the bill, and OK
poets to deny emphatically that he ever
had anything to do with or knew, Of
any such estimate Of the cost Of the
bridges ag / understand Is got forth in
tho bill, and also to deny that Ito had
ever madc or known OF any such under.
stNndlng aud agreement said to hnyo
49,. MI MIN itnnria q KnmlErnni1n- tho