Newspaper Page Text
. ; . P. LINES,
- VABI - 110',NABLE TAILOR, Montrone, P.
X Shop in the Brick Block, over Read & Co's
Store. All work warranted, as to fit and 'Anish.
A TTORNEY and COUNSELLOR at LAW,
•111ontrose, Pa., will attend to all business
entrusted to him, with fidelity and detipaidli:
May be round at the office of W. & W. H.
S. H. - Sayre &Brother
AN UFACTU RERS of Mill Castings, and
17 Castings of all kinds, Stoves,'•Tin i and
Sheet Iron Ware, Agricultural Implemel4 . and
Dealers in Dry Goods, Groceries, C.rockery, &c.
Montrose, Pa, November, 16th, 1859.4ra.
Guttenberg, itosenbiium dc
DEALERS in Ready-madeLlothing, Ladies'
Dress Q2pds, Furaishlog Goods, etti . :, etc.
Storei , ai No 1 1 5 i Dey-at, New-Yotk,City, and in
Towandgr, Montrose; and Susq'a Depot, Pi.-
L. 13 , ISBELL,
EPAIRS Clocks, Watches. and- Jewelry, at
short notice, and on reasonable tem* All
work warranted.. Shop in Chandler& Jehstip's
store, Montrose, Pa. (045tf.
DR. E. W. WELLS'
HAVING permanently located in Durulaff
11 offera his professional services to all who
may require them,' Also, kedps constint4 on
hand a full titnek of Drugs and illedieines,
Pure Wines and Liquors for Medical
Drs. Blakeslee,* Brash,l
HAVE . asiSciated themselves for-the:prose
cutioii pf the duties of their professiop, and
respectfully'offer their professional serviges to
the Invalid" Public. • Office at the residence of
Dr. Blakeslee, midway between the villigeSof
Dinuock and Springville. - ap2Oy,
I. BLA KESLEE ..... E. BUSH:
THOLESALEpeaIers in Buttons, Chnitis,
Suspenders, Threads, Fancy' Goods,
Watches, Jewelry, Silver and Plated-WareiCut
lery, Fishing Tackle; Cigars, &e. &c.,
ford, Pa. Merchants add Pedlar% suppliCd on
liberal terms. : wkit
_HENRY B. McKE.IN,
ATTORNEY and COUNSELLOR at LIAW.
Office in the Union Week —Towanda, Arad-
. , DR. - H. SMITH, - i -
Q URGEON DENTIST. Residence and of
t.ifice opposite the Batist Church (north hide)
Montrose. .Particiflar attentioh will ,be given
to inserting, teeth on geld and silver plate; and
to filling decaying teeth. '
I)EALER in Drugs, 111cdicines, Chen4eals
Wineloic Glass, Groc'erfes, Faney
etry, Perfothery, da:.—And Agent. for all, the
most popuiai Patent Modieines:Montrose,:Pa.
DR. E. F. WILMOT, ji
GRADUATE of theAllopatit:e and•Hoinceo
pathic CoHeges of Medicine, Gt. Bend, Pa.
Office. corner of Main and Elizaheth.sts., nitarly
opposite the Methodist church. .L 1 .
Wm H. Cooper *Co.,
j) ANK ERS, Successors to POST, COOPER
L.l & CO., Montrose, Pa: . Office Lathrop's
new building„ Turnpike Street.
tVIS IirSTTMG' COOPED ' DECRY DANICETt.
C. 0. FORMIAM, •
%FA NUFA&PUR:Mt OF BOOTS dz. SHOES.
.1.11 Montrose, Pa./ Shop' over Tyler's Store,
All of work made-to- order and repairing
dn. neatly. . j.
'WM. W. SMITH,
riABINET and Chair ManufaCturers, fpotro
Main street. MontroSe, Pa. anOtf
DR. G. Z. DIMOCK
OVSICIAN and Surgeon. Office over Mil
' eons' store ; Lodgings: at Soarle's Hot4l.
DR. JOHN . W.
HYSICIAN and Surgeon: Office on Pilblie
Bvenue, opposite Searle's Hotel, Alontiose.
DR. R. TH.AYER,' 6
pHYSICIAN and Strrge(m Montrose
Office inthe Farmer's Store.
JOHN. GROVES, ' '
MIASHFONAPLE Tailor. Shop neati, the
Baptist Meeting House, on Turnpike street,
THE New York City Illustrated NewsliSilers
Magazines, etc. etc., for sale at the Moritrose
Book LS tore, - by A. N. B pLLARP.
P. REYNOLDS, L
FASHIONABLE TAILOR. Shop'fa tlikse.
mOt of Searle's Hotel, Montrose, Pa;1; I
C. D. • VTRGIL,-
RESIDENT DENTIST, Moiltroise. Office
at the Franklin Rouse, 400 m No. 3.
Ing,arid Inserting teeth on Gold and Silver Mate
done in the most approved modern style.i! My
Plate! ate absolutely vvateritight,—no interitices
.wkeri, food Can lodge. .; I - nov24.
. CHARLES• MORRISi-. -
RBER, and Hair_Dressiir. Shop Noa in
asenaent of Searle's Hotel, Montrose., • *
. MEAT_ MARKET. :',-•
On ; public Avenue, near - Searles .galel.
1110 - EEP constantl on band, a good • supply of
I): MEATS of nil kind. CASH paid., for
Beet Cattle,Calres,Sheepond Lainles.
Also for Hides of all kinds.
- HENSTOCK & HAWLE
8. T. EIENSTOCE. N.
MoUtrose, March 30th, 1859:—tf: F •
WHDLESALE AND RETAIL DEA4ER IN
FLOUR,GRAIN, SALT, itt
HEW ituxotn, PA.-e-Ele Rolm, PlKlT'B " fitftlie.
li fr iTlL i L tic t s ee o p f ;ons r t i antly by li t n he b t a s n ac d k th o ; he nn at
dreeilarrels--at the lowest market - prices.` Mao,
SALT—by the Single Barrel or Load.
All Orders from Merchants ,and Dealers vill
be prrimptly attended to.-
* * *Cash paid for ,Grsin, Wool, Pelts, Ht es,
and al Farmers' Prodime in their season:
E and LIFE INSURANCE AGENT;4—,
NV., the undersigned, certify 'that we i.Were
insurOd in Fire Insurance Companies repreatilited;
by Mii. Billings Stroud.. of Minntrose, and;-that,!having suffered loos by fire while so insured; ' , l , iel,
were geverally p.a ./ id by said aonipaniee to the,-(-01
extent of our ciaime• rind'Ave bare COrifide*in
him al, a good-inli directive agent.. .F... ' 1
.3 5..11. DEWifi'..
ATDROP & DrAVITT. B. L wEBB, ~,:'' i
B. CHANDLER ' , J;,. :Crass & SOK',
B NJ. GLIDDEN,
LEONARD E. 611.1. t.
iffo trose, At. November 196, 1859: ~': I -
Patronise those that advertise. 44,
" v 721 ,00ln augonti, 'To no 2111,141 t 'pay DOM nov litEitt NoATI an ID EMP WV 46 VIM OT vaim onuitympa
SIISQUE : ANNA COITNre
CLASSICAL:.- NORMAL SCHOOL
• liontr se, Pa., 1860. . .
,/r HE Trustee would present the following
.1 circumstanc a, in regaid to this Institution,
in confirmation if its claims upon the flyer
of• the public: ,
It is not a literary institution of doubtful• rep
utation, but, has long enjoyed the moat favora
ble patronage of the public!
It is situated, not• amid the distractions and
dissipations of a city, nor is lit yet removed from
the influences, of refined sobiety, but is located
at the County Seat, Montrose, than• which few
places are more fully supplied with wholesome
and Christian influences for, youth.
The Institution is now tinder the direction of
PEW. R. 1111011111EAD, B. A,
a gentleman in wh l ose ahilit , teaming, and char
acter the utmost eonfiden is warranted by the
accompanying testimonials from It literary source
than which there is none hi her-.-the President
and Professore ofNale Col ege, of which Insti
tution Prof. %Longest, is leo an alumnus.
Provisions will lae made n the ensuing term,
not merely for one class of tudente, but for all
the departments cif a com on or classical edu
cation; for Normal whole . in a separate chums;
for children in a Primary epartment ; and for
any who desire to pursue the study of Music,
French, German, Greek, Latin, or Higher Math
We therefor*. f-'
e therefore filly recommend the Susque
hanna Classical and Norma School to the pa
rents and Youths of our St to and att. who - take
. i .
an interest in the advance o education.
- WM. JESSUP, Prue% Board of Trustees.
C.F. REAO, • Sectetsry.
Tlie next. Term of this Itistituthm will begin
TUESDAY, FEBRUARY 4th, ;860,:t i t which
* time it is expected t thnt all the students will ,be
present. We are prepared to fit students for.
any plass in any AmericatuCollege, and WILL
'OPEN /I:SPECIAL CLASS FOR 'NAME RS. Lectures
on scienti6B- subje'cts will be given each week
during half the Term. Th 4 bills must be paip
at the end of tlie . eigtith weekl of the Term. Text
Books unchanged.. 1 -,
PRICE OF. TUITION, per Teratof 11 weeks:
Normal Department, •-, - !. %. -
Primary do., 1 ... •., 3,80
In English Branches,sad Latin or Greek, 9,00
Greek or Latin, each , 1- ' •;• -'. - '. '-- 4,00
French - or Gbrman,; '-- , - - . - 3,00
Music on Piano, • i- .: •.7
I - ' . - - 8,00 .
- Students, wishing to pro:milk rooms, or board,
can be.accornmodated by wting to the Puma:
PAL; end' those wishing, to b ard themselves can
obtain stoves and fUrnitureom Messrs. Sayre
Brothers, on reasonable for ''s. Price of Boar d "
from 82,00 .to 82,50 per We k.
.. - HI BRODI LAD, Principal.
Montrose, Feb. lit, 1860.--tt. • .
I .s. • - , -.--- . i .
.At EL7OL LEG
• .Mr. Harry Brodh, d, a En'
lately kraduitted at Yale
a high *rank in the class , as a
I acquainted-wit it, his
habits, are irreproac able
. • Trixonon D. WooLstv, President.
Mr. IL Brodhead. who belongs to'the gratin
atihg class of 135', has - .l.hown himself du
ring the two years . f his connection 'with -, the
college, a capable and-success'ful scholar: Sho'd
he apply hinvelf to Ithe work of instruction, I
have no doubt of hi 'ability to justify the confi
dence and. satisfy - tlie expectations - of any who
may avail-themselves of his services.
JAs.lllsta.-v, Prof. of Greek.
. Mr. H. Brodhead if the class of 1859, in Yale
College, is a good scholar, and hes a Superior
min& I have little loubt he-will make an. effi
cient and suscessfullteaaer, Find can-recominend
him with great confidence that he will' not
appoint his pations.f ' 144AT1 PORTER,
: Prof. ot-Phifosophr and Metaphysics.
Mr. H. Brodhead has just, finished his course
of • collegiate education and •recieved the de
gree of Bachelor .of Ptits at the annual com
mencement: :As beproposes to be engaged 'for
a time in the businesS of teaching,he is che'e dully
recoil:l - mei:l3M by the. -underiigned as a person
. well qualified by his scholarship and attainments',
by his chriStian charieter and deportment-to be
successful iA the instruction ;and ani•ernment of
a school. ITriow..4 A. THACITER,
VIEW GOOD! NEW GOODS! .
HINE t !I BENCH STORES
..•- - which they
in this section of co.
They also flatter
the hest facilities of
and. are determined
firm.this side ur N.
READY MADE CLOTHING
we would say that being in this hi:wines largely at
ley Street; New York City
we can offer the - publie'bargains not surpassed by
any retail , dealers in this section, as we can sell
here at retail prictoriis cheap as those who go
to, NeW York and r pnrchaie at wholeiale and
then bring them hereand brae to make a profit
over that which they] have - afready paid them
selves. Call and see-us and' we .'ill prove
the. facts. .
, Montrose, Pa,October 27t , 1859. •
• .STOVE9I,BTOVES!- •
AT • REMIT 0 PRICES!
MC. Mil? . -PLITT
Ts jail receiving a large stock of-NEW stoves
including a full asSortioent of'- - -! • ' •
Conking, Parlor, dke, aid Shop Stoves:,
. for Wood or Coal.
Also, Stove Ripe r •Zir s ir, Stove Tuttle,
His asiorisfient will inclnde . the mostielect and
desirable stocei in market, and.will be sold at
'Rai-teed Prices for Kash or-Prompt Pay.
New Milford, November Ist, 1859.
, Juno 34,1859,
,eraher.of the - class
College, has, held
scholar. So far as
oral character, and
Prof. 'of Latin
havoi . pro i videdttheroselves
,Onst of beink,the
tbh,eatzl;es t* they h ave
from lite Barkit,
:ot to be tiottersold by any
1. City. •In segard to •
Id Books, Newspapers,
es, etc,, bound ap,on
J.Z. dr, BON.
(snprtne eiiitti of Vtonsgthaitia.
For the Easierii District, .111nrch Tenet 1800.
, 1 In SusquebanaCominon Pleas,
LATIUM GARDNEA ' 1 I NO, 169, Nov. Term, 185'5.
vs. • ":' 1 _SUM - mons in Trespaas on the case.
'Wm. t. Post, Leonard; Setirle, Damages 860,000, issued Oct
Mille! Searle, P. B. Chandler, 26th, 1855. Returned served on
L :Charles Avery,-C.'.o. Ilalley, all the Defendants except the St.
Ansel St: John, T. T.P. St. John, Johns, Goddard, and C. L. Ward.
C. GOlldard, and C. L. Ward. I Jury were.swory as to the other
.) six Defendant's,
Mara was fit tir Oct; 24, 185 q. See Appendix. Defendants
plead not guilty.. The °tweet was tried at jannary Term, 1860, and
on the day or, that Month, the ,Tory, as directed-by the Court,
render a verdict for 'the Defetidante. - • And Judgment thereon.
. • • HISTORY ot' THE CASEs
' , The tank ofSusiiiellanna County was incorporated by Act_ of
AsseMbly of April 3i 1017; by the 7tii section of which no notes
should be issued until itb whole stock, 8100 ; 090, was actually paid
in.' This capital stdclq was divided into 2,000 shares, of
each. The Think went ititonperation on the 17th December; 1838,
and continued to do busktiesa until January, 1843; when it suspen
ded. It was resuscitated bowPver, on the 9th of April, 1845, by the
introduction of T. P. St. john into its affairs; and it finally failed
27th Oct:, 1849, without, any means to pay aloner of its circular
tion. J.C.lliddle acted as President from its start - until April, 1841,
when Wm. L. Post was elected, who- acted ..ss its President until it
failure in 1849. LS: Kellute :was cashier until 2lit June, 1843 ,
T. P. St. John succeeded !him April 9th; 184'5, and acted as cashier
until 4th . August, 1849 when C. P. Delarnater, (a total stranger,)
was introduced into that 6ffice, where he remained until the failure.
These Defendants were aotiagraa Diientota most or all of the time of
.the Bank's existence. No ball NEW ever given by either St. John or
Delamater; and the
.Directors had. personal.know ledge that the former declined to give .
A stock coMpapy — waS formed for the purpose of absorbing what
what was called the surpOs sTek :,Protti*ry notes were given by
the - members of that company payable, to and deposited with Allen
& Faxon; N. y., one for too,o' r oo, and the other for 815,000. Aild
a formal credit therefor.was.eatered by them in' favor of the Bank
about the time of its orginization. Shortly afterwards these stock
notes were returned to the and on the Ist Nov. 1830, two new
notes, as renewals, were payable td the Bank, and signed by
the members or the Stock; ^ o among whort wore Wm. L. Post atd
Daniel Searle; two' 0f.,. the ,Present Defendants. One note for
. 848,344 68,—.—and the otir t ivfor $15,000. On the 27th Nov. 1848,
the Directors resolved 11; assignment of the surplus stock - to the
- Bank, and that the notes giver! therefor be cancelled. - The transfer
was then made, and it stated .he amount to be 1880 shares, (equal
-to $81,800,) and that no . Ortificates had seen . Ostia therefor. The
evidence shows.that that aceouut had never been . paid into the .
Bank;—that the notes representing it, were held pro forma fora
time, and then cancelled by ttle Directors; without payment., This
&grant violation of the,litry,-Lthis want of basis, was the - ultimate
• • .
cause of all ,subsequent disasters.•
On the trial the offered to. prove that their annual reports to the
Auditor General, 'published by authority of law -it •the Senate Jour-
nals, represinted theiractital caffital at 8100,000; and so misled the
public. The rejection of thiW offer fortes one of the Etrors in the
case. : •
We also wished to show I the comparative worthlessness of its
Notes during the period or the.suspension dip rejection of which
by the Court, is anotber.ErroL r.
With so little capital ;ii-loSs of but $12,000 produced the sus
pension in'Januaryi 18431 _ltl was galvanized from a torpor. of two
years, by- St. John purchasing $6,000 of its' stock, and paying in
therefor, the new capital of $3,000 i This fact appears in Resolution
of 9th April, 1845. Theie De,fen . dante• were 'party to that arrange
' • i
[ 1 . • 0
The Bank -seemed to stand on this fragmenta ry.leg, until 1849,
when it fellin titter ruin; i havi ng , as the Discount Bo,ok shows, a
circulation of sBs,B64 ,— Besid es what was cut on' the special loans,
amounting, under the evidence, to about $lOO,OOO. . .
These loans w A
.were called ' A.' St. John, the Mann,' and the
Thompson:loans. Those `contracts ct were not produced, but two
Resolutions show :that cireulai i ing notes of the Bank, were furnished,
in incredible amounts, toltrose persons, 'to bb used by them, Chat
those persons resided ''a broad, were unknown, gave no security, and,
with the exception of A. qt. liihri, were insolvent ! • ,
' • It is needless to add•tlfat if the Direotom had purpOsed ruin and'
disaster to the Bank, and;; the holders of its notes; a more-direct
course to that result, could not have been devised.. .• . -
November 3d; 1849, the M l entor? Resolved to bring suit vs. T. P.
St. Jo "' for fraudulentl4abs ranting liiiiii the Bank, its circulat
ing Notes . to a large ammint.' 'On the triat we produced the Re- .
cord, shoeing that they bi•ou ' ht Lini in COnrt, on bail of $40,000,
and yet allowed the
,suit to d ap. . The rejection of that record by
.•. • I
the Court, is Another of WC Errors committed on-the trial. -
We also assigned - errors for rejecting entry on die let page of
Misruvii Boos,—on 24th a nd 9th pages" of STOCK LEDGER,r-and
of the Additional Count. i• - '.
The present Plaintiff ias Urge sufferer iii thiesweeping ruin.
Be possessed four tbouseiad ix - hundred and eighty dollars W . V..
Notesadmitted to ,be genui e: These he offered in evidence; but
they were rejected; making t e 7th Error- in the. cause. Not ex
pecting the failure, and stuns d.byits consequences, neither reasob
nor laW would require himi
o ill in and - preserve proof of the ex
act -gam:nerd:that he receif the money. He did however preie
that he bad soma quantity. o hand, perhaps sr,ooo, endplay be,
if in large bills, the wholei'aiU ant offered, a day or two before the
tailtire. ..And also that it!)ras bought and sold afterwards at from
'45 to 50 per. gent.; end then i enewed the offer of his money. This
tho Court again rejected ; ',ltodl that is the flnal'Error; whose redress
is Soughtin this - H onorable Court. .
This . suit is brought upon the principle that the improper and
illegal management of th§ Bank by the Defendants, 'together. with
their suppression of facts, Which, - if known, would bah? hindered
its circulation; having prOuced in Plaintiff misplaced eonklence;
and ultimite loss, they Ali) personally bound, in honesty-'and law,
to repair it.
ifS.ION t tIENT OF ERROR.
- . .
1. - The Court prredinFrejecting Plaintiff's offer: to. 'read froM
thelet page of the Miaur Burin. : The Meeting. of tbo'Board' of
Directors, including Post-find Searle'; ; and their Resolution -to open
the Bank on the 12 DeceMber; 1838. i•,. " • . , -, ,
2. The C ourt - erred - in rejecting our offer read from pages
it,• ; •.' ' _ -
MONTROSE, PA, FEBRUARY 23,.186 _ ..
T ..- Ithe en t ries following, viz:
1841. - • !
Nqv. 23, by H. Drinker . 4 $2OO
• 1848. • 1
Nov.o, W...Jessup . & Co. 3 - $l5O
1844. • • , •
Aug. 19, A. Lathrop 2 sloo'
9, J. C, Jiddie & Co. 2' $lOO
May 10, J.C. Brock &Co. 3 $l5O
Also the entries showing 60 . - sharCs to St. John & Goddird,l and
645 shares to St. John. - . •
3. • The Court erred in• refusing peirciission to - file the addi Kunst
Count, as the Amendment to the Nair. • (See last page.) ', •
4. The-Court erred in rejecting the Plaintiff's offer to read from
the Sztrarz JOURNIV3, for _the : years '42,45,.'48, '47,'48 and' '49,
the itatentenlatheniin of We capital stock of thepank being $lOO,OOO,
and of its condition, as made by St. John; Kellum and and
sworn to before Chitties Avery, and sent to the.Aiiiiitor General, ,
cording to law.
la . ; 29i.on.tbo' STOCK LEDGE t ,
Dr. . The Bank otSus
Ap'l 9, t; A. SL John 12cr es,ooo
Ma yl5, 10 - I)Vm.L.Pog Soo $25,000
May 15,toT.P.Stiolitr 500 $25,000
July %10, to T.F. Si John 66: $3,30.
5. The Court erred in rejecting 'our offer to prove that the
Notes of the Bank were at ,a large discount during the auspe4ion
0. The Court erred:in. rejecting' the Recoid of the suit broil&
by the Bank vs, T.- P. St. John, Nov:l3d,, 1849. The ball given of
$40,000, its continuance until Nov. l Term, 1853, when it:waS al.
lowed to fall from the List, •
• I ' I
t: The Court erred in rejectin g our offer in evidence of Notes
of the SusqueiraunkCOunty Bank, to: the amount of four thousand
six'hundred and-eighty dollars. . .
.„; . - •
.8. The Cloud stoe in rejecting our second offer to give the said
84,680 of the Notes of said Bank in evidence..
ARGUMENT FOR PLAINTIFF; fIY.R. B. LITTLE
First."- , Tbia - Error is in the rejection of entry on, the first prige
of the MINUTE Boo; which shows whirl the Bank 'started, land
tiyho Were then its Directors. We *yea thrißook to be their own proper
Record ; and we had a- right to refer to; any- part of it that shed
light upon the history and:doing's of Elie' Bank. The subsequent
:pages that we did read,, wait but confirmations of their first action',"
and it is difficult to see why one part w'as anymore evidence than
the other.. I suppose two of the present defendents were then Di
•rectors7 Even if they we r ie not, , their subsequent action in cantieffing .
the unpaid stack - `notes, And in all other respects, was in adoption,
and continuance of the first illegal' proceeding 7 •
There is undisputed a'u'thority for a much strenger position than
is nebessary to be taken in support:of. this offer.
• • " A "subsequent. Board of Directors' of a Bank is to be considered
"as knowing all the circumstances communicated or known to a
-"previous Board."—Afechanid Bank' of Alexandria ye.- fieton,
Pet., 309. _ - •
Sceond.—The STOCK raSi)GER, authenticated as it Was, by the
testimony of Wm. J. 'Terrell and .1:L. Post was clearly ovldenee.
It Showee. the Etheli arrangement, both before* and after 'the Pre
tended " re-instatementl 4 -. of the Bank, under St..Jolin ;4also : the
atoek-note affair. With the other evidence, proved that $BO,-
000 dollars of stock was never paid in,=was never intended. to
be paid in,—and was finally cancelled,—they, all the while, even
down to:the failure, bolding out to the public, that the law which
commandedl $lOO,OOO actual and bona fide capital, was literally
obeyed. The testimony of the witness who acted- in that affair,
confused and indistinct as it Was, furnished no apology, or disguise
to the fact, that t 1 stock- represented by Cosi) notes was never
actually sold; that:ono certificates were ever issued therefor,--'and
that it: formed no part of actual Banking capital. This - arnaiing
wrong went down to the very, bottom of the Bank; and„made every
Note -they ever issued, a false representative of values' they never
possessed: _• ' . •
Third.—This Error was in rejecting the Count proposed-to be
added to .the • Narr., and- now printed on the last. page.
Amendment, it was clearly a matter of right. It was designed to
meet their denial that they ever were an actually chartered Bi*.
It was the Same Bank in both cases, and the only object was to
meet- them ; , charter or . ao,charter. There - can be no pretence t.hat
sio.songht to introduce into the case apy -other_transactions than
those upon which we originally declared. It adhered to the same
subject matter, and only varied - the form of stating oar Com'phrint.
It is -hard to conceive a oak) of,Amendment, more allowable than
this. Cox vs. Ti/gAincia r 1 Wharf. 282. •
Ins. Co. vs. Seitz, 4 W.' and S., 277. -
- . Candle vs. Cook, Et S. and B.; 287, Duncan J_ ',
•Fourth.—The SENATE SOURItiALS aruvolumes printed I)y,authority
of law; and distributed for the very purpise of .furniahing •the peo
ple with authentic copies, that miglrti be as much dependad.upon,
u exemplifications by an officer. They are evidence in all the Courts.
- Greenleaf's I;•Sec. 480-482.1 -
Ream Mug; 7_ Cotven, 613-636.
" this country,
in all 'public matters, the Journals of congiesi,,
"and of thu'State Legislatures, ate evidence; and also the Reports
" which have been sanctioned and published by authority.. Tee pub
lication does not make, that evideuce which intrinsically is not so;
" but it gives us in apost authenti'c form, certain papers and &ion
" ments. -Miles vs. Stevens, 3-Barr. '42. .
- • - Watkins vs. Holentan, 16 Pit R. 25-55.!
This evidence was important, as - showin g that these parties !in
the most public and solemn manner possible,m4e statements of an
actual capital of ?.100,000 ; and this down to 1840,—long after the
cencelhilion of theforma Stock notes ; and when;-by all the evi
dance id - the:cauge; their actual capital was only nominal.
One of these defts..was the Justice; before whom their cashier
swore to the Reports; and all of. them knew so obvious an amine!
act, that the 4th Sec. - of the Law . of their being required..
This case, in all its aspects, startles:one. - •
"Fifth.-This Error was in nee permitting us to show the nem
partitive worthlessness et their Notm, during the pried of suspen
sion.) Why not show it It wiper': of the history of the .Bank,
and necessary to a full understanding of its subsequent' operatiOns.-
It might raise a presumption, or ant ofcapital,er of mismanagertie - nt;
at any rate ; it was one in the series . of its disasters, and proper to 'go
to the Jury. Certainly it, Was strange, as Judge Tylefswears, that
•an alleged lOss of Only $12,000, should wind ep a !sell-managed in•
atitution, that, bad a capitalef $100,000,1* r • `- . . 4 :
Sixth.—These delta., by way of excuse, lilippose,for the
declared in their Resolution, that St.qohn, (or, whoM they took l i no
bail,) had fraudulently abstracted circulating : PTote - s of the bank 'to
a large amount." * They issued a caples,i and procured $40;000 bail
—all they asked. Now if the resolution was true, it. was. their chitty
to see that the suit was prosecuted to Judgmeiii.. ••Tben they Wo Id
tivehaff some means for redemption of their iiotes. If was . ot•
true, then they lose even that trifling mitigation.: 'Any wayit was
proper for Abe Jury. • I
It was another step taken by the defts: in their m anagement !of
the affairs of the Bank.
.411 their ateps•were roper be_ltnoWn.
Where fraud. is alleged, some latitude is iillowed to [fe proof; and"
alj the acts ortbe parties; in reference to i ttie stibject in dispute, are
open to investigation.. _
flisent/g•-;This error is io the first rejection by.the conrt,"Of the
$4680, of Susquii. Bank Notes,, we offered in evidence. We rim
this on two 'grounds;
First, the legs presumption that we'werei bona:fidiholders, and
for full value, would stand in our faVor, until repelledi by them.
It is enough, in the first instance, that we' appear as the."heai.ers" of
their enrreuct; and they must show, if they can, that we ritit af
ter the failure.- The onus is on !heti, and . :not upon us. - Tit!) abcortis
with ail thelanalogi'es of the lasi. The presumptions always stand'
with the holder of negotiable paper; and the reasons for that rule
apply with increased forpe to a-species of paper thatis prepared for
a more rapid circulation,—and that is, indeed, money itself. , •
- A contrary rule would defeat the. very purposes and design of
such paper.,..bien do not call witnesses when they receive negotia;
ble notes, or Bank bills. -To require this, would be to defeat-its uses
as a currency. , - 2 : *
Without one circumstance of suspicion,' we are. emit:fan - 1y required
to ahow what the la* presumea, - -wbat i in most- cases, is unsoseep-
Ole of proof,--and this too, in case of the authors of they mischief,
and at the expense of their innocent and iunsuspecting victims;
, But Seconcl,we now - go furthtii than this, and \that, it
makes no manner of difference whether tve received this currency
before, 'or after the failure of the Bank. :
We havo a right to assume, in this braich of the argument, pos
itive fraud, because the evidence" . alreadY given , would, oblige the
Court to submit that question to the Jury. Thim„by reason of their
own wrongs, the law lays upon them .the; debts of'the Bank. They
shall do, as persons, *bat, is Corporator;e, their own misdeeds put,
it out of their power todo. •If the Bank, hohesil; managed, would
have paid. the "bearer," so shall they, Tba damage - they occasioned
by their want of good faith, was•equal,.iri amount, to the whole of
the irrideerCable circulation they floated out ; and the'only practi
'cable Ward repairing this damage, is to 1) . a) , the Notes to° tips bear
.er, as they respectively, appear to demand it.. •
Against this, it is argued that' the wrong was:done a t some.par
ticular instant, on the 27th Oct., 1849, an d only upon those persons
who happenrd, at that precise moment ; to hold their fugitive paper,
and that none others can . They likSn it to individaal eases* of
fraud.putpd l sed, and done by one man, upon another. •
• But between that case and ibis there.is 'no featUre of likeness.
Here the wrong ivas aimed at no one person. It was done to • the
public. itas in the sending abroad winged proiniscs, which they
falsely arse d would be paid to any bearer. It is not an inilividn
alScause of action that could not be assigned, bUt it was ; in its very
nature, a purrent...wrong,.thrown into the - living channels of circula
tion, and 6aing,(perhaps not the only,) but the 'greatest 'damage
'upon the last receiver. Besides, it might well be that in many re
mote places; i the failure was not known for days or weeks after it oc
curred. . - • !
There is no magic in the Precise moment, on that day. when they
pron,cunced the word "failure,"—as if that instant should freeze the
money in the exact hands that then held it, on pain_of.re/ease - and
exemption to the very men who created t i bia complex and erisbarras
sing evil. 4.. point of time would auk' be nice, is in a case of 'rival
executions delivered to a Sheriff., •
Still more, - the wrong of which We complain, was not done at
the' magical moment on the 29th Oct.' - Our complaint lies ag s ainst
all the previous wrongs that led to that moment. The Bank was a
sham, and a'"failure" from the beginning. The currency - was never
redeemable, and had no value, as such. .Theonly differeficil is,
that the puhlicahen first learned, what the delta. knew from. the be-.
And the,deception did not atop even here. They directed XI.
Hempstead to publish•in his Peen that the notes were still toocr,—
"not to part with them at iksacrifice." 'Noir they say they. will got
pay to any one,-If they changed hinds after a certain hour,- in a cer
tain day. Nay, the sufferer must make the, impoisitile proof that
they did not so change, or he must suffer-still !
For instance, during the suspension; their Notes passed through
many hands, at a large discount; and the idea that every.Success 7
ivo loser. should maintain his action, would not be thought of.
• In every view, this peculiar and curient wrong., that is inherent
in, and runs with The tainted Notes of the tank - must be redressed
to - the "bearer," cl . f any date, or it cannot be redressed at all.
Then indeed Re have the anomalous drab of a flagrant wrong ,
that is remediless.
Eighth:—This Error is in the seconchejection of our 'Notes. Pre.
paratory to this offer, we proved that Phil. had _been - de:ding in cat
tle that season, and would be likely, therefore to have large amounts
of money; at its, close; that his son' knew of from 8700 to $lOOO of
S-usqua.. money being in his:desk just befiire and at the time of, the,
failure; that Babcock saw in his possession' about the ,same
alarge - amou,nt-of money; and they prov'edin their crosa-examine
tion - of Stevens, that plaintiff said he received all ofitin Payment for
cattle. Now here was some evidence of prior possession of the moo-'
ey,—enough to entitle it alit? go in evidence. "Where there-is
"spark of evidence, a question of fact- Must be left to the Jury, as
".the legitimate triers of it."—Bank of I'ittsbury vs. Whitehead.
10 Watts, 89,7., ' Delaney vs. Robinson, 2, Wharf., ,503.
The stren g th of- that evidence. need not now be argued ;It is
enoagh that there was some. The Court had no right, to take it
wholly from the Jul.. • •
' Yet again ; in assigning - reasons for the rejection of our first
offer of the money, the Court say we did !rot show when, or on what
terms svo got it. Here we did shoW at what price it was selling af .
ter the failure; so that if it was then obtained, this Jury haa a mea
sure'of its' c
i ost. Under every possible view, the whole money sho'd
have gone n evidence. -
Getting out a Newspaper alone.
-The Knickerbocker Magazine gets off,a good story of an editor
and proprietoi of a paper who was hurriedly called, away, and left
the establishment in the -care,of Jones, to whoa he addressed the
Form,tviLLE, dot. 2, 1852.-
- "DEAR JONES;Can't come home till .morning.-_ Get out the
bee( paper you can. ; Write short articles, and stir up the party fur .
not their organs more assistanie. .. 11. E." • •
s.—By the editor-,--Be emphatic; - Jones; touch 'eto on - the
raw i A. J. L."
" "The Genius" was a Republican paper, of the broadest "stripe,"
and, that Jones did not exactly like t "nor never
• for•bes was a
strong Democrat, and had' on several oCoasion reasoned with the
publisher upon the propriety and policy - of changing the politics of
the paper.. No proposition of this "sort, however, could be elite*.
tamed. .41* Genius" creed its existence to the Republican party
Its politics was its lifeblood. Nevertheless, a vary great privilege
NM here extended to Ames'. He wee instructed to "stir 'em
to be "emphatic" and to "touch 'em on the raw;" be bad "lull
powers." ' .
At length the ", deed was done;" "The Genius" ripperried 'with
the, following editorial : • -
"Tun Nroona:—We edmire him,..W,a like him. , Walove him.
We . go in for him. We have but one idea, and - that is nigger.! We
have but one dream and that Witte. We preach from bet one text,
and that is ditto. We play hut-One tune, and that is ditto. We
go our-fell length on Nigger. We are all: over ditto. We are - ditto
in the morning. We • Are ditto at noon! We are ditto at night.
We are ditto-all the time.: We livean 3'Vra sleep on.ditto.
We'll die on ditto. ..strut yet,niould you believe' it, reader, i The.
&flied don't liciylP • . : '
While the writer of this "stirring" editorial was enjoying, next
morning, a pleasing reverie at.his success in editing, tlya office door .
was thrown violently open by the exasperated proprietor: ---
"You infernal scoundrel I" he' fairly roared,. rushing towards
Jones fibut-before he could finish his sentence, the latter had made
his escape. 'The editor, however, arrived Jun in time, to catch•him
it the street door. ' • .
-o-a-a-ii" be 'kilted at tbe same time shaking st•oop7 of the
'paper in -his face, " L9ok
here! What have you
done I' - •
"I.reckon I have
touched' tent on- the
raw, ll said the , bewi!der ;
a Jones: . - - ,
By-this time e the pre.
- prietor,boilitig-over, with
equally eieited editor.
• "You have killed th e
paperl" . , eilaimed' the
"You haveroined me!"
follovied the editor.
"Ilpw did yait come
to write such a savage
article !!) asked the prit
To ' stir' 'em
iittk,". mildly answered
"The thing is out
rageonsrsaid the editor:
• "It' is a little 'em
phatic,' " :i replied Jones.
this point there
was • a "'lively time,"
consequient upon- a rush
of Republicans and
Democrats .to the-office.
Of . " The Genius." Tne
former were -full of in
and rated; the Demo;
crats, on the contrary,
wereju-bilant. Each car
ried a copy of tlae papers
conducing Jones' fatal
editorial; lauded it to the
skies, and promised all
Corte of assistance: The
old friends of the paper
swore eternal enmity,
and commenced their
onslaught by ordering
their ad vertiiemen ts. out
and their names erased
froth the subscription
At length after the
greatest din and.:conftb
sion, the regular editor
was permitted to explain.
lie told the whole story ;
'disavowed the author
.ship of the Obnoxious ed
itorial ; condemned• the
sentiments therein ex
pressed -promised_ to
make apology in a suc
ceeding issue ; and as
eared the , patrons' of
`The Genies that he
would g ive up the prac
tice of the last, lay
Blackstone.ou the shelf,
mid remain permanently
at his post. According
ly the next 4y the mat—
ter was.set Poor
Jones came in for:some
heary.shots for the trou
ble he had ca:lmed-; :and
what was, still .. Wor.4e,
nothing but his retno7al
from the cm:Meru would
satisfy the o u t raged
patron a. The
Democrats of the
hoWevei t came' to Jones'
_rescue: They started a
paperof- their own
made , Jones its 'regular'.
editor, and to thi4 day
his business with. his 4-
ponents is, to stir 'em
and touch 'coil 'on the
The following admirable
•prod action, delivered be
fore a company of vol.
untetr" soldiers during
the revolutionary strug
gle, uponlhe eve of their
going to "glorious war,"
was calculated to inspire
them with more. than.
Herculean courage :
virst you cowed bite;
you vatfpoor 'and lousy,
and bolt!, "mine frients ;
you is proud and,gassy,
and yous gotten orLyour
unicorns,' and dein vii
you' like dongs upon a
'bog's pack; now, /nine
frients, lot me tell_ you
-ditto' man ish a man if
he ish no pigger.as -thy
ducal,. Yea Tavil vent
out to rite mit Goliab,
he took nothing mit him .
but °nailing; now don't
mistsken rne, icing
(dents: it was not a rum
sling ; no, itor a giti
sling . ; no, nor a mint
rat - ektling; no,it was a
sling nSade wit one hick
ory schtick. 'Now van.
' dish Ooliith sees -'avid
coming, he says, "You
von little scoundrel; doe,
you come to rite we ?--
I vill give you--- to - the
birds of the &It, acd de -
beasts of de air." Tavid
'says, "Golfgh,'Golish,dir -
.race not always wit
de ehWift, nor, is do bat
itle.mit de strong, and a
man' ish a man if lavish
no pigier as my
Tavid be 'fixed ish
eldone . in,:bia riling, and
droves it at Goliah, and
inocks him rite in do
forehead, And Tavid"
takes Goliab's sword and -
cuts off hie heat—den
all de putty gals of de - .
shitty comes out and
atlieriwd flowers .it his
way and sung; Saul ish .
a great man for tie has
kilt isk thonsiude; but
Tavid ish greater as he,
for he has . kilt Wird).
• . _ •
The ills of '
Mew really but myths. •