The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1895-12-10

Yesterday in the United States cir
cult court OF appeals, Judge Nathan
Con presiding, arguments We're heard
in one OF the most Important pieces OF
litigation from the money point of view
ever tried, II is on the application of
Mrs, o'Conner, of Brooklyn, N, " to
stay the sale OF the Long Island Trac-
ton Company, which is desired by own
oss OF 297,OCO shares, Mrs. o'Connor
holds $50 shares and Is said TO be back
ed By Pat II, Flynn, rival Brooklyn
street car magnatc. The sale Is also de-
sired ny holders OF some $4,000 GOO In re-
o0IYsr's certificates and trust notes,
Ilia dsJGe Ut sale hes been entered
and the property advertised for sale.
Mrs. O'CpRner took this action ut the
hast moment, and for some reason II to
suspected that the real object OF this
move Is the disruption OF the assets OF
the Long Island company and the
Brooklyn City system OF street rail-
ways. Mr.. Flynn, who appears rs tho
SPONSOR OF the movement to oppose the
sale. Is the president OF the NaNiua
Railway Company, rival company.
He has several quits pending against
the Brooklyn City railways and evil
IDENTIFY desires this proceeding, II Is
claimed. so that he may procure a sepa-
rate sale OF the stock OF the Brooklyn,
Queens County u Suburban Railway
Company for the purpose of allowing
that road 10 leave the Brooklyn City
system and become q part Of his own
system.
sAfIldavItS presented showed that In
'93 Mr.. Flynn received II large sum of
money and bonds as n consideration OF
procuring a VRcatlng OF an Injunction
against the leasing OF the BROOKLYN
City road by the Brooklyn Heights line,
anda ySar later had brought suit to set
aside the lease between the two COM
panies.
The case Is being bitterly contested
: and involves great amount OF money.
II It claimed that II the forthcoming
sale Is stopped, II viii result in great
loss and dismemberment OF the assets
Of the Long Island Company. The
Long Island counsel argue that the
prayer Of the owner OF $50 shares should
receive no consideration when the
united wish OF owners OF $4,000 shares
Is for the sale. II Is claimed by the
counsel for Mrs. o'Couner, that without
the reorganization the Long Island will
still have $d0Oo,00O In Its Golfers. a
large array OF noted legal talent from
the east IL in attendance, among them
being General G. L. Howard, G. +. Fau-
oette, w. C. Troll. Julian T. Davies. c.
A.. Collin and W. II. Townsend, of New
York; Ames c. Church. 4. +. jerks,
and W, ]. Morse. OF Brooklyn, and Colo
mel John A. Coke, OF Richmond, Va.
The arguments will be completed to-
day probably. when Judge Golf Will
take the matter under advisement.
Yesterday morning In United States
olYcuit court. Judge Goff, the case OF the
Wheeling Bridge q Terminal Company
VS.. r. II. Cochran, was on. II Is an old
case. In which the company sues to re-
cover 81. 800 which Judge Cochran held
when he was financial agent before the
Terminal went into the hands OF a re-
c4iver. The defendant claimed that
money was due him for his services AS
general manager and president. The
question before the court OF appeals was
the admiration OF certain coupons on
bonds that matuIcd after the appoint.
iuent OF a receiver AT the last term OF
court the jury gave verdict for Coch-
ran OF 1890. on On appeal the main
issue comes to trial in the United States
court to-day. Yesterdays proceedings
In this cusc were arguments on q de-
murrer.
To-day all important care viii come
before Judge Golf 1t Is the case OF the
King Lumber Company vs. u. 3. BUS
kirk. Of Logan c. f., on motion to in
crease the bond OF the King company
from $4,000 to $4,000 to cover timber
being taken OF the lands In ContrO-
versy. which lie In MinEo and Logan
counties In the southern part OF the
state In hearing held before Judge
Cot some time ago the bond was placed
at $4,000. and so stood until the case was
heard recently at ParkersburE before
Judge jackson, which resulted
In q hung jury after three
weeks trial. The motion TO
Increase the bond will be heard this
morning. This is the case that caused
80 much notoricty because OF the tin"
between Mc#rs. Hutchinson md Stiles.
attorneys employed on either side.
Cigarette Case Appealed.