New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-01-31
PAYMENT For rELEGRAPu SERVICE

fNl MfNl fpK IfIf''kAPH SERNIf =.
SUIT OF THE NEW YORK ASSOCIATED rREss
AGAINST THE WESTERN Associated PRESS
Tho sui y the Now York Associated Press against
the Western Associated Press o. recover 81 80 was
before United States Comm. ssoner sheds ycstor-
day for The nk'ns of further testimony. The
plaintiff was represented by \ X Dyetr Of the
nrn - Townsend. pyett X Elustein and the de-
f'ndant by General Wager Swayn" This action
Wa brought year aso In the New York supreme
Cour'. bat was subsequently transferred to tho
United states Circuit Court the defendant corpora
ton being 'ormed uader the laws Of Michigan Mr.
Shields was appointed master to take testimony
The complaint alleges that the Old Sew York As
ISOLATED Press. which merged into the present
I nited Press. contracted to the Western Is
ISOLATED Press with ncws and dl1 send 20 the West
aai ih" lar West" service worth the sum named Of
winch 1880 represents The money Tho Eastern or
gnn.zatIon paid the Western tnlon Telegraph
Company for tolls. ana sG.6,) the Western Assoc.a-
lions saare - the rental paid for leased wires be
tween Ncw-York and Chicago. under the ten-year
contract governing the relations between the two
news associations When the NeN-York Associated
Press was absorbed hy tn" United Press the latter
was required to carry out tho formers contracts
East and Wes'. and has done go. But the old
As ,claied Press dil not assign % tho United Press
the Calm FOR H)2sO against the Western Associated
Press or a further calm %; I239n) representing
profits " news collecting and vending In the West
ern territory.
The FIRST witness called Yesterday was Frederick
6. Mason. auditor % tho l'niioI Press who held
Press 49,
You testified" sad Mr. Dyett. "whon o., the
stahi before. ~ - the making up Of the bills OF
the western Union Telegraph Company for tho
dispatches sent - the far West. D!d YOU delur,
me rebate made by the Western Union Tc.egrap1
Company" w '' ''P''
Mr Mason replied thai the items entered in the
h!ilS were for the net amount paid after dc,uctng
the Rebates '''7
General Swaync said to counsel for the plaintiff
un I Wh'n he entered into thu litigation It was
WIN the belief that the accounts FOR service had
not been fairly made up. but he had sine been con
NlHC'i I" me contrary and WAS frank t. say that
heIe Vas evident disposition OF the other side To- ho
lar. re men submitted the following stipulation.
The defendant hereby valves proof Of pavmnm,
grdph company OF ,nc several amounts sci forth
IN me thirteenth paragraph 81 the complaint
nnt docs not waive proof Of defendants liability
-'hc examination Of Mr. Mason was continued j.,
regard 1" payments made from February l. lSSG fD
december lr. 1872 for special wire used nv no
TWO associations between Ncw-lOrk ana Chicap,
a, thr rdte Of SIG a month. Mr. Mason found tsat
,hr amounts named wcr" al either entered or rep-
resented 10y vouchers. and was satisfied fhnt ~.
New. York Associated Press had paid thcn all r.
me western Union Telegraph COMPANY
Mt. byct submitted 4 copy cf the renewal Of an
agreement Tor the joint lease II the special wire
nHd' IN 49, General Swayne said he would have 10
NJ. by"ii also presented agreement between
I'm" sun" nni tn" othe~ members of IN" Ec,,''
lvIk Associated Press. relating to the wthdraw1;
Press. '"
The examination was adjourned to February AT
=. IN. "