The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1904-05-05
GOULD HOT
AFTER FISHER / 81. Il:
Charges Former Manager OF
Passenger and Power Com
pany With Fraud.
FISHERS SUIT ANSWERED
Court Asked Ito Make Fisher
Disgorge Bonds Alleged Have
Been Fraudulently Issued.
FISHERS SUIT ANSWERED
especial 10 rho rlmes-D iHpa.cl,.,

PETERSBURG, VA, May 4-George
lin Nogers filed n suit In the Hastings
Court of this city about one month ago
against the Virginia Passenger and Pow
er Company and the t5outhside Railway
und development Company. to compel
the company to substitute coupon bonds
Tor the flat bonds Of the Southsldc Com
pany, held by them amounting to about
$4,000. To-day Messrs. John Redwood,
W. y. Marburg, Douglas III. Thomas and
numerous other holders OF these bonds.
appeared by their counsel, Messrs. Mum
fora. Hunton, Williams and Anderson,
Ot Richmond. In the Hastings Court OF
this city, and filed an answer and CROSS
bill in tho above. In which the bondhold-
ers asked the court TO require $50 printed
bonds OF the southsidc Railway and De-
yelopment Company, executed In 1901. and
held by Mcsars Fisher, Rogers, Davis
and Others to DO delivered UP and cam
celleu.
FRAUD CHARGED.
The cross-bill. which covers fifty pages,
gives an elaborate history Of the trans
actions relating to the issue OF the bonds
of the Southsldc Railway and Develop
ton OF the mortgage Of July l. 1899. to-
the Richmond Trust and Safe Deposit
Comrurly TO secure an issue of one mil
lion dollars Of bonds. IT IL claimed that
60 OF these bonds were validity Issued,
ana that the parties filing said cross-bill
are the holders of portion OF these
bonds 1t Is then charged that George
L. Fisher, of the city of New YORK, Sc
cured control Of the company, and by
tt.c rffj n
pany 10 execute and deliver the $50 print
cd bonds In controversy, numbered from
eli to 100. II Is also alleged thae
these printed bonds were issued without
consideration. and that the issue thereon
was a diversion Of the assets OF the cor
Ioration, which had been conveyed as
security for the bonds held By the COM
Ilnnants. and n breach Of trust on the
part of the corporation; and that the
bonds arc MILL and void.
HOW THEY WE'RE SECURED.
strong charges Of fraud and COLLISION
in securing the issue OF the printed bonds
are made against George T.. Fisher and
the aterchants' Trust Company. OF New
York. which was the trustee in the mort
pf,eo al the time the printed bonds were
issued the Richmond trustee having been
removed. and that Philip Rogers. Charles
Hall Davis. Augustus Wright and the
richmond Passenger and Power Com
pany. now holding the printed bonds
uhirI, nre attached. acquired The same
from Fisher with full knowledge or all
The facts =,
The final PRAYER OF the cross-bill IS
that the court will require the 5O printed
bonds 10 be delivered UP to the clerk
of the court, or to 4 special commission
er to he cancelled. and when cancelled
delivered to the Virginia Passenger and
power Company; and that the holders
NAV he required TO refund any lntcres.
received on the same.
INJUNCTION GRANTED.
on motion OF counsel for the bcndho!d-
crs. Judge Mullen. of the Hastings Court,
granted an injunction against Phihp
Rogers Charles Hall Davis, Augustus
Wright, George Il. Fisher, Richmond
Passenger and Power Company ana VIZ
rinie Passenger and Power Company, re-
stra,ninp them fron! selling. hypothecat-
inc or disposing OF said bonds until the
Iath day of May, 1904, when the case Is
set down for further hearing on the
motion for a permanent Injunction and
for n receiver to take charge of the bonds
until tho cause can be fully heard.
A COMMISSION.
A statute has been found and 1t seems
10 inyalidate the recent action OIL lhe
Common Council providing for the trans
OF the boundaries of the wards OF ths
city and the subsequent announcement
of the registrars in accordance with the
Councils action. The statute approved
March, 1903. was the basis of the actloh
OF The Council. and 1t was not TIL 10
day, approved 1901. was discovered. ms
latter statute provides that the judge
Of the Hastings Court shall, upon me
rearrangement of the wards of the CITY,
appoint a commission to supervise me
transfer of the voters to their proper
wards Judge Mullen is now looking into
tho matter, and 1t is probable that ne
will appoint commission at once.
DESTRUCTIVE FIRE.
A destructive fire occurred between
and O'Clock this morning on Lombard
Street, burning the Bazaar Stables anS
Carriage Works, owned by Mr. J.. X,
Jones. and the wheelwright shop OF MI,
r. u. Westmorcland, near by Tte
wooden building made such heat thar
tho department was seriously hamperHd
in its efforts to save the property, and
some OF the firemen received painful
burns, In very short time the large
structure was totally burned. with many
new buggies, wagons and vehicles ana
other stock. About twenty horses ana
,,,ula, u.arn pntten gnfely out of the