New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-07-26
COL. KIMBALL ACCUSED.
STRONGLY DENIES CHARGES OF CON
SPIRACY TO DEFRAUD.
ALLEGATIONS AGAINST ARMY QUARTER
MASTER MADE IN SUIT FOR DAMAGES
BY A FREIGHT COMPANY.

MASTER MADE IN SUIT FOR DAMAGES
BY A FREIGHT COMPANY.
Charges Of conspiracy to defraud the Government
by throwing the Pan-American Fast Freight
Company profits of $4,000 made yesterday
before Justice Hooker, in the Supreme Court, In
Brooklyn against Lieutenant-Colonel Amos s. Kim
ball. the United States Army Quartermaster, IN
this city. The charges were made IN SUIT winch
has been brought by the Philippines Company a
freight concern. to recover SlOooo damages rom
Edward c. O'Brien and Walter E. Ogilvie' who
are officers of the Pan-American Fast Freight
Company and Colonel Kimball.
The accusation out in the argument on
motion made by the attorneys for the several de-
PENDANTS to strike out allegation in the COM
nlsint that in the course OF the shipment of the
Government freight to the Philippines the plain
tiff was Disseminated against and that unlawtul
profits had been obtained by the defendants 10 the
amount OF $50 OOo which had been secured IN a rev
months IN 1899 AS this was one or the allegations
nm which the Philippines Company based Its suit
for damages it opposed vigorously the grantins oi
the motion. Briefs on the point Will De nanueu up
b,, the LAWYERS for both Sides and decision on the
action has heen reserved by Justice Hooker IN
s+ardav.s proceedings the plaintiff, the Philip
nipes COMPANY was represented by BENJAMIN
scharps the Pan-American Company by HOFFMAN
Miller of Manhattan, and Colonel hinO"ii oS
Jesse Stearns.
CHARGES SCANDALOUS COUNSEL SAYS
Mr. Miller declared that the charges which they
sought TO strike out were scandalous' ana hao
+biny m do with the suit in question He SAID
that the defendants denied absolutely the charges
and that the suit Of the Philippines Company was
the cry of a defeated rival for the business u 'e
Philippines" -, ,
,rd,qnant when answering the charges. He SAID
r,h matter sought to be stricken out wnlc n
anniies to Colonel Kimba is scandalous' anu Ar IS
mage in the world to strike out the matter com
planned Of Ny client has r 6geh fo an forty years
if one quarter of what is aiegeo mere 9a ~ '
tiff is true then he ought 10 De III jan
As Mr. stearns took his seat Mr.. scharps sprane
-. h,s feet and with considerable spirit denied thal
tho alteration had been made merely FOR the heai-
ing before Justice Hooker. He said that the p'a'i
tiff had brought the action not only asdliS.
tAnant-Colonel Kimball, but also against y oiie'
who was the president Of the CUBAN an 90 49, 80
Exnress Company afterward changed ny naiIo ~
IT, national Express Company ana 10 the ran
American Fast Freight Company the last nai At
comnany. he said. having been estaohsheu iol 'le
nurnose Of driving the Philippines company out "a
business He said that the Pan-American company
49, ,rcornorated in this State in November 1888
hI+ aid not establish its business until June Oh
loci year I'm to that time the plaintin was the
only concern conducting an all water i'o'o
Manila. Mr.. Scnarps continued:
r. the defendant company had been doing an non
est business we would not be here But mere Wa +
Discrimination against our company IN the EN- ma ie
OF 6lds, anu era Carried on the ships Manila than
were made to appear on tne PT another refused
70 i've M to the agreements between the pialntH
and the United States Government
DETAILS OF THE ALLEGED CONSPIRACY
Mr.. scharps then gave some details oil the al
legged conspiracy, in which he said that certain Pio
posals for shipping were accepted and thal pay
ment was delayed for year. IN the mean uil9
the plaintiff was nearly driven out OF business
Counsel continued saying;
In June. 1892 the Pan-American Fast Freight Line
was formed by o. Bren and Ogvie, the qetendanls,
and we say that that company was only opp dPe
IRA i1ch of the Cuban line of the same people In
NAV 1899 Kimball sent word 10 the plaIhL @
hermit was obtained for space to be used IN
Violation Of the military laws OF the United o6S'G ~
which 6'Bren and Ogivie were concerned ana IL
6FT@Tdea oy tH Was sent on the same steamer
as that on which the plaintlns had ensaseu space
for the same supplies.
To create a fund to compensate KimbaH the
number of cubic feet of space in the steamers
occupied by the supplies increased and 500
900 in excess of the money earned by the Pan
American Fast Freight Line WAS aTSy YORK; from tis
alleged that ssS Ta Ppd tq Koa as said in
order to increase the compensation 10 TIE ran
AR RS61 $50 more than was their due
in his for the In segdn of freight
from New-York to Manila and the price put IN oy
can Fast Freight Line put a price at $40 a |
ton We say that KimbaII distracted the bid of
the plaintiff from me files in his office and gave the
men defending this suit the work OF senal9 fgi 1ht
as 5ast told In September 1889 Kimball invited
a bid at SIG ton, and O'Brien was allowed to see
put in by the Pan-Amercan Company. After |
ward ;he Secretary Of War at washington n, Or Or
two parties but Kimball permitted the O'Brten |
people TO recall their bid and make It appear |
American Company at the time the matter was |
before the Secretary IF War than had been made |
of War was under the impression that |
o Brien was the lower bidder. 80
for October November and December shipments |
Manila. and the bids were to be by his announce
were to be three thousand TONS of supplies to be |
shipped and the lowest bidder was to have the |
Plaintiff and O'Bren filed their bids on October T.
and the bid of the plaintiff was the lower, as
6Pepbg s t6e K 4en
the work the plaintiff, but in the time
he had delivered TO the Pan-American Fast Freight
Line all of the three thousand tons Of goods and
they were away. The plaintiff corporation had
had hard time and practically closed up its bust
ness
COLONEL KIMBALLS DENIAL.
Colonel Kimball said last night in reply to the
charges against him and in regard to his relations
with both of the transportation companies inter
ested:
In the first place. wish to say that there is
one bit of truth in any of the claims by the
Philippines Company. l have had any per-
sonal business citations with Mr.. O'Brien or Mr. |
Ogilvie, with any other person with whom have
had public business transactions. I have re-
ceived a cent from any of these men; 1 have never
smoked any of their cigars accepted a single
favor at their hands.
for carrying supplies to the lowest RESPONSE
bic bidder for suitable service. 1t is absolutely |
i'm possible for to change bid inside my office
he ODene0 hhfo he