The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1898-03-10
LESS. HUBBARD AND SWEENEY.
IL THE MITIGATION OF THE

f.lt.
Interest in the case OF the Wheeling
Bridge Company vs.. William p. HUB
bard. John W. Sweeney and others was
augmented yesterday afternoon by the
fling OF n cross bill by Meesrs. Hub
bard and Sweeney at the office Of the.
circuit clerk. The cross bill alleges a
confederation mud combination against
the gentlemen named.
The general object OF the original
suit, the Wheeling Bridge Company VS..
W. P. Hubbard. ct al, so far as the
cross bill fled therein by William p.
Hubbard and John w. Sweeney Is con-
'cerned. Is to have an account taken of
the affairs OF what Is known as the syn
dictate. formed under an agreement da-
ted December /. 1907 which W. D,
Updegraff, Henry schmulbach. J, Z.
Hughes, +, ]. Park, George W,lG.
Ferris, Gustav Kaufman, William P.
Hubbard and John W. Sweeney were
parties. and OF the proceedings and
transactions under that agreement;
also under subsequent agreement OF
April ., 1892, and a subsequent agreG-
ment Of April 10. 1892. and OF the trans
actions OF the said Park, Schmulhach
and Hughes relating TO the affairs OF
the said syndicate and OF the damage
which has resulted to the plaintiffs In
the cross bill from a confederacy and
combination alleged In the cross bill to
have been entered Into between Messrs.
Schmulbach, Hughes, Ferris and Kauff-
mann, and to have q decree In favor of
'Messrs. Hubbard and Sweeney for the
transfer TO them respectively OF two
lots OF 232 % shares each OF the
stock of the Wheeling Bridge Company
now held by AR. Park, and decree for
the transfer to NTcssrs. Hubbard and
Sweeney OF their respective shares OF
another lot OF $50 shares of the COM
pany's stock, also alleged to be held by
Mr.. Park, and n decree in their favor
for any money or funds which Mr..
Park may be found chlrpeable with up
on the accounting applied for. and for
whatever damages that may have been
sustained by Messrs. Hubbard and
Sweeney by the reason OF the alleged
combination and confederacy and the
acts done in pursuance thereof. MS we'll
"a for general relief AS II appears from
an affidavit filed with the cross bill that
]. T.. Hughes, Gustav Kaufman and
". D. UpGegraff, defendants are nom
residents OF this state, they are required
TO appear within one month from the
time OF the publication of the order up
pearinE In another column and do what
is necessary to protect their interests.
The bill alleges in detail as follows:
Your orator further shows that abou!
the time for the making of the said SET
Element, which is set forth In the instrlI-
ment Of April 10. In the year 1892. the
said Park, Schmulbach. Hughes, Fer
ris and Kaufman, as your orators are
informed and believe, combined and con-
federated themselves together for the
purpose OF making and prosecuting
against your orators and the said Upte-
graft the charges which are contained
In the said original bill, with the Inten-
ton and expectation that the making
and pressing OF the said charges would
deter and delay your operators and the
said Uptegraff from asserting their
rights as members of the syndicate, and
from enforcing the settlement of the
said Park, as trustee aforesaid. and
would hamper and delay your orators
and the said Uptegratf In doing so, and
might result in depriving your orators
and the said Uptegraff of their proper
shares Of the stock and other assets be-
longing to or connected with the syndi-
cate. and In enabling the said Schmul-
bach, Park and Hughes to obtain such
shares of stock and other assets for
themselves, and would obtain for the
said Ferris and Kaufman the compen-
sation, which, as your orators are in
formed and believe. was given to the
said Ferris and Kaufman for their as
sstance and confederacy, and that they
have in fact resulted in postponing and
delaying your orators In obtaining their
rights in the premises. and the stock and
other property 10 which they were and
are entitled and have. as your orators
believe, resulted in pecuniary loss and
damage to your orators"