The times. [volume] (Washington [D.C.]) 1897-1901, 1900-07-26
ACCUSED OF CONSPIRACY
Col. AmCs kimball and Others De-
PENDANTS in Suit.
Philippines Company Charges the
Officer with Joining with Others
pOrtatiOn Business-RivnI Concern
EmbrOiIed in the Litigation.

NEW YORK, July 25.-Col. Amos KIM
! ball, U. S. A, Assistant Depot Quarter
master in New York. who had charge OF
the transportation of troops and freight
! from this port to Cuba and Porto Rico
| during the Spanish war and has since
had charge of all Government freight to
| the Philippines, has been made a Joint
defendant with two officers of the old
Pan-American Express Company, now the
| International Express Company, in a suit
for 100000 brought by the Philippines
Company. which alleges that Colonel Kim
ball and the other defendants conspired
to destroy its business.
The Philippines Company asserts that its
| business has been ruined by Kimball and
Edward C. O'Brien, the president of the
international Express Company, and Wal
ter E. Ogilvie, another officer of the COM
pany.
Hoffman Miller. in behalf Of Messrs.
o'Brlen and Ogilvie, and Jesse Stearns.
on behalf of Colonel Kimball, appeared
| before Justice Hooker in the Supreme
Court in Brooklyn today and asked that
certain portions of the complaint be
stickeu out on the ground that they were
irrelevant. Benjamin Scharps appeared
for the Philippines Company and opposed
the motion.
The defendant company did not start
to do an honest business" said Mr.
Scharps They used the influence hey
had to have our company Disseminated
against. O'Brien and Ogilvie conspired
with Colonel Kimball and succeeded in
Withholding freights that were to have
been shipped by our company. In May,
1893, Kimball sent word to the plaintiff
company that he would ship certain
freight by 1t, and a steamer permit was
secured for space to be used. In viola
ton OF the military laws Of the United
States Kimball delivered his freight TO
was sent to the Philippines by the Suez
route.
"A fund had to be created to compensate
Kimbal for the favor. The number OF
cubic feet Of space in the steamers occu-
pied by the supplies was increased and
So 600 in excess of the amount of money
really earned by the Pan-American Com
pany was drawn from the United States
ub-Treasury in New York. One-half of
this was paid to Kimball, it is alleged"
Other similar charges were made against
Colonel Kimball by Mr. Scharps. Counsel
for the defendants wanted all references
to conspiracy on the part OF a Govern
ment officer stricken out on the ground
that they were irrelevant. Mr.. Stearns
said that Colonel Kimball had been a
STRAIGHTFORWARD and honest servant of the
Government for forty years and that the
charges against him were part of a scheme
to destroy the character of the quarter
master. Justice Hooker took the papers
in the case and reserved his opinion on
the motion to strike out. Briefs will be
submitted on both sides in a few days.
Colonel Kimball. when seen at his office
in the Army Building, did not appear to
be much concerned about the charges
against him.
Il would rather not say anything about
It at ALL he said, but il you want a
statement there is only one that l can
give you. I have never had any personal
dealings with any individual connected
with any company which was doing bust
ness for the Government. This applies to
all the time that I have been in office. Any
statement that I have any source of in
come save my salary as a colonel in the
United States Army is absolutely false"