Year: 1867




C.KD FEos Mn. wArsEIUHr-To r"s PUBLIC.


Supreme Cou-SteIken r. WAterbn. sgt The MeTehantf


Union EIpFcss Company and Others


/ am surprised to find that some of the public, who
have given the matter little reflection, enter
tain the idea that because Judge Barnard refused to
appoint a receiver in this to carry on the busi
ness of the Company until my suit is tried, that am
defeated in my action. and the defendants have
gained il. This il very great mistake as the suit
is not yet tried but of course the Merchants Union
Express Company are deeply interested in having
such an error to prevail, and circular just issued
by them has induced me TO publish this
Card. When my motion for temporary re-
ceiver was brought on, had 10 rely on
such aldayits as could get from parties who testi-
fed with reluctance and declined 20 state important
facts because they had been made known To them In
confidence. IL was my wish and endeNor TO get
other aidayits from the defendants constituting the
Executive Committee and my counsel tried every
possible means TO bring them before MS face TO face
but mpeded by niunctions, orders TO stay pro-
ceedngs and all the oyasive measures which the
most adroit and practiced lawyers could de-
wise. Instead of letting us examine them
and present their case on their o'cn testimony with
port of their conduct defense they staked behind
the strategic appliances OF ehrewd legal advocates
and when the motion came on, their case was pre-
sented on afdavits drawn by those advocates with
all becoming caution and skill and which do not dis
close figure or fact, but indulge entirely in vague
generalites. Yet neither OF the Executive Committee
had the courage go the stand and swear that he
ever had been or was ut the date of his affidavit
stockholder in the Merchants Company ! think we
made ont clear case f0r q RccClNer, ana so my
counsel believed:


The pretense that had not denied that my suit is
brought for the old Express Companies, or in their
| Union Company know very we'll that long time
ago in n suit which they brought against me, to re-
strain me from getting an examination OF the Execu-
tive Committee, in which the old Express Companies
were named as defendants, (but in which, by the
way they have, as learn never been served with
1 that thAT fnn tha a.
| il became necessary for me TO admit or
| deny under oath this charge, and did ex-
| plicitly deny it, j now again state that my suit
| was brought by me on my own account and Judg-
| ment. That have never had any connection or
communication with any of the old Express Compa-
nies any one for them; and that have never, to
| my knowledge, seen any person III any way connect
ed with them, or their aalrs have never asked for
received, been promised anything by them OF any
one for bringing this suit; and, in short, have had
nothing to do with them, or they with me- and am
prosecuting the suit because believe my interests,
and those Of my co-stockholders, require it, The
| is equally uncandd and unfounded. At the proper
time and in the proper way, the names OF the other


M who haye placed er saa in N the
mean time if the Executive Committee VIII publish
the long list OF who up to
at I different eailsDthe public will be better able to
| Judge how many really stand ready to have the
benefit and participate in the expenses OF this pro-
| ceelng. :.


This action shall be brought to trial at the earliest
moment possible. What has been done SO far was
merely preliminary motion for receiver pending
the trial at my suit At the trial my counsel and my
self will be ready and we expect to enjoy greatly the
long delayed satisfaction Of examining the defend
ants, all and each of them and compelling them to
prove every fact essential To in the cause.
] will establish all the allegations made in my com.
plant; show that the representations under which
was induced to take stock false and fraudulent
that guaranteed against any probable call for
more than 10 per cent on my stock; have
TO this time paid mp 95 per. cent; that the,
| Merchants Company has been losing " frightfully
ITO use the Language of Of the defendants) ever
since il was organized and from the very nature of
things must continue to lose; that some OF IT'S Execu-
tive Committee tried to sell out to the old compa-
MES but failed to do that they cannot carry It on
to any end but ruin, and for this and many other
reasons TO be disclosed in the proofs, that 1t must and
should be wound up, in justice to the stockholders
| and the public.
invite the community to notice tho course OF this
trial and wait for its issue. When that comes they
will see how foolish it to credit the absurd state,
ment that | had been beaten IN sgit which naa
| never been tried. o. l. "AEHpV"i'
| Nee ioik, Sept. IL, 1851