Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1898-03-10
A CROSS BILL FILED,
In the Case Of Wheeling Bridge Go. V.
W. P. Hubbard Et AL.
By w. P. Hubbard and John w.
Sweeney, Who Seek to Have an
Account Taken Of the Operations
of the Syndicate" Formed De-
cember l, 1890, and Which Oper-
ated Under That and Subsequent
Agreements.

ated Under mat and Subsequent
Agreements
In the office of the Clerk of the Cir
cult Court, yesterday, in the case of
the Wheeling Bridge Company vs.. w.
P. Hubbard and others, W. P. Hub
bard and John NJ Sweeney, defend
ants, filed a cross bill which con
tains some interesting and pertinent
allegations.
The general object of the original
suit Of the Wheeling Bridge Company
vs.. W. P. Hubbard, ct al, so far as the
cross bill filed by William P. Hubbard
and John w. Sweeney is concerned.
is to have an account taken of the
affairs of what is known as the syndi-
cate, formed under an agreement
dated December l. 1890. to which w.
D. Updegraff, Henry Schmulbach. J..
E. Hughes, F. j. Park, George w. G..
Ferris Gustav Kaufman, William P.
Hubbard and John NJ Sweeney were
parties, and of the proceedings and
transactions under that agreement;
also under a subsequent agreement Of
April :, 1892, and a subsequent of
April 10, 1892, and of the transactions
of the said Park, Schmulbach 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. Park, Schmulbach, Hughes.
Ferris and X - 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 Wheel
ing Bride Company now held by Mr.
Park, and decree for the transfer
to Messrs. Hubbard and Sweeney of
their respective shares of another lot
of $50 shares Of the company's stock,
also alleged to be held by Mr. Park,
and decree in their favor for any
money or funds which Mr.. Park may
be found chargeable with upon the ac
counting applied for, and for what
ever damages that may have been sus
tanned by Messrs. Hubbard and
Sweeney by the reason of the alleged
combination and confederacy and the
acts done in pursuance thereof. as well
as for general relief AS it appears
from an affidavit filed with the cross
bill that j. e. Hughes. Gustav Kauff-
mann and w. d. Updegraff defend
ants are non-residents of this State.
they are required to appear within
one month from the time Of the publ
cation of the order and do what is nee
essary to protect their interests.
Among other things. the bill recites
that "at the January rules the Wheel
ing Bridge Company filed bill against
w. p. Hubbard and John M. Sweeney,
and w. d. Updegraff, ]. E. Hughes, f.
J. Park, F. j. Park. trustee: Geo. w.
Ferris and Gustav Kaufman, where
in it was alleged that the said Hub
bard, Sweeney, Updegraff, Ferris and
Kaufman had been parties to a Sc
cret and fraudulent combination for
the letting Of the contract for the
building of the bridge of the Wheeling
Bridge Company, and that the said
Ferris and Kaufman, your orators,
and the said Updegraff, then being di-
rectors Of the said Bridge Company.
and that the said combination had
been carried through, and that your
orators and the said Updegraff had
tanned certain amounts of money from
the said Ferris and Kaufman, and
that the said contract had been let for
an excessive price to the damage of
the said Bridge Company"
After a reference to the formation
of the syndicate referred to above,
the bill goes on to say:
Your orator further shows that about
the time of the making Of the said settle
ment which is set forth in the instrument
of April 10. in the year 1892. the said Park
Schmulbach, Hughes, Ferris and Kauf-
mann, as your orators are Informed and
believe, combined and confcderated them
selves together for the purpose of max
ing and prosecuting against your orators
and the said Updegraff, the charges
which are contained in the said original
bill. with the intention and expectation
that the making and pressing of the
said charges would deter and delay your
orators and the said Updegraff from as
sorting their rights as members Of the
syndicate and from enforcing the settle
ment of the said Park as trustee afore-
said, and would hamper and delay your
orators and the said Updegraff It'll doing
so. and might result in depriving your
orators and the said Updegraff of their
proper shares of the stock and other as
sets belonging TO or connected with the
syndicate. and in enabling the said
Schmulbach 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 assist
ance and confederacy, and that they have
in fact resulted in postponing and delay
ing your orators in obtaining their rights
in the premises and the stock and other
property to which they were and are
entitled and have. as your orators be-
lieve resulted in pecuniary loss and
damage to your orators
The bill also asserts that Messrs. Park,
Schmulbach and Hughes, without the
consent of the petitioners. assumed and
undertook to manage the affairs OF the
syndicate, and that Mr.. Park disposed Of
the bonds in his hands, at an unknown
time. and at unknown prices.
There are many allegations. with copi-
Gus details. and the entire document in
dicates, an exceedingly interesting state
IF facts