FOR GOVERNOR,
FRS. R. SHIT NE4
.
sa d to the - decision of
VII.DIIIOORAT/C STAVE CONVENTION.
,ftiorningpost
WEDNESDAY, 7ARY.7
„,,.•:.•.. ;Vet umArrxerton IC TEL CL ' AT CLUB.—The op
-I;measts efillf Denny Tar the View-Presidency, since
leV ati
shard
- Israelis fli... venation denims seixifested at the
'trairraing - - Club. ' They deny that she resolution*
:..Pissed in his favor, express the wishes of tree and
- genuine friends• of dm "sage of Ashland,” and averting'
the most extraordinary exertions were used to effect 1
their passage.
, .It isobarged, that to procure an expression in favor
!-Ofont "distinguished townsman," 4 couple of young
4sestlemen, members of the Club, and relatives of Mr
• Denny, wens liusilymigepd, for a week previous to the
. : ialoeting, carrying ' the book, soliciting their
.frliedi to become tVtire Club. The appeals
_
i. efishese young 'blood relations' were made to the 'first
ads' whi on theother hand, 'our tenants; and the
"gaintrider clam,' as an ex-medaber of the Common
- .
. Colima designates the workingmen, were led on by the I
- 4ndomitable Cspt Leughlin.
. ;.4 is very evident from what has already transpired,
Mat hiDMINT will be no go—the whigs say, if we
take Man, we Faust endorse all he has said and written
against Mr Clay and the Compromise Bin—thereby ad
:m*l% that Mr Clay abandoned the principle of pro
' section, 'haft his Tariff friends and went over to Mr
Callmum' that the Compromise Bill was a 'surrender
of the rights of the North to the South;' that its opera
_ ilons caused all the misery and ruin that,bas visited the
r s•-eotinto; and ems the great parent of all our financial
;
-mtiliatmagnspats.' It has been the fashion with our op
, patents oviiharge these evil consequences on the dam
' aerris party, but Mr Denny has a clearer perception of
,lbeir origin, and attributes them all to Mr Clay's Corn
promise
-The friends of Mr Denny, at the meeting, tookthe
pound Oat his notions of Mr Clay and his corms on
'the tempromiie Bill were correct and proper—that
iiirelay's conduct was not in accordance with his for
4111111r-eiewe, nor with the principles of the 'great wbig
,party,' as they are now proclaimed. This was bold
"mind, bet „it was assumed fearlessly, and advocated
, opith great vire, and, as the result showed, with sue-
Wlldir position is correct, we would like to
• imp , " iartty:"Mr Denny's friends desire to place him on
the tichetwith Mr Clay, whose conduct, in the opinion
D. has caused all the "financial and commercial
- ----.lnent s that have oppressed the country for
some years past."
t. Astrraza Cottastos.—We learn from the N O Re
f, Pubtioan that the steam schooner Lion run into the
0 " - sehooker Independence on the night of the 17th, of
F the Itigolets, in consequence of which the latter was
rine now the shore and sunk, immediately. A pas.
aschipsronboardiew so badly injured that his life is de
!'
gaited of. No blame was attached to 'Captain Stew•
artofehe Lion, ac the Independence chewed no lights.
Captain/I. carried the wounded man to the port. The
Lion was bound from, and the Indeptidence to Mo.
Will the city of Allegheny adopt the proposition
cur Councils made relative to supplying her with water
frm our new Buie? She has not as yet taken any ae
= sion oithennktow, and considering cdie great benefit
she would derive from the project, we are greatly sur
eiNd at bar notenemps.
Tie St Louis Gazette says that a roll of candler
felt bills, very clumsily executed, was found by Mr.
Hays on Monday. ;There were nine twenties on the
Indiana Bankkaleven fives on the same Bank; seven
Soar en therfkkilkildty Bank, Ohio ninety-six ones on
the Lafsputeliftwk, Cincinnati; and forty-five ones on
the Ballot Louisville. The roll vas found in the
"footbox" of the engine of the Olive Branch. where
they were probably deposited by some ore of the ma
n oounterfehers on the Mississippi, between here and
Hey Orleans.
Tfia Mormons and those residing in the neighbor
: issisitif Naavoo, are assuming a belligerent position
towards each other. The Mormon Magistrates were
resistedafew days ago by Mr Milton Cook, anti the
ponykeptat bay fortwmdays; at the expiration of
trKcb time, th&.Posse retired.
s '~ F4--Theliew Orleans Republican of the 20th
;bates that thisspesies of amusement appears to
&litho ace . now a days. Lest evening we were farmed of an eveht of this nature. whore two persons
were goingto place themselves this morning opposite ,
IV to tbe wrong ead of &loaded pistol--such early break
s',
L . fasts would not agree with our digestion; lead would
be apt to lie heavy on our stomach. Canso of this af
fair—Mine and Writs:et—boa basing a finger in the
tar The following toast by Mr. McConnell member
of Congress froteMatiama, given at the celebration of
the Bth °Chummy at Washington, reminds uses good
aea of thihOrocketnit, which. it issaid, be ponessess
is a Segni almost equal to that of the immortal
Davy:,
"By. On; McConnell of Alabama, prefaced with a
spirited /nig on t?!. battle of the Bth . ,' which was re
ceived with eistlmOstla delight.) --The State of Ala-
Alamo, in the campaign of 1840: When nineteen castes
Art oft,ratiticia. went forth* mama OM coon, she stood -
like boshiicif...amset potatoes. proismi
neatly conspicuous, all a iiikby herself."
Ate OSE7VL Soctetr.—We have seen a memorial
!oche Idsgislariire which is numerously signed, praying
kr the revival of the act of . 1820, incorporating a so
ciety for thepronsotion of "Agriculture and Domestic
IliGundwiturea" We hope that the prayer of the me
muwiaiiits may Vionuned, as we feel confident that
each a society *old be of vast admitagtio the ag
riadtatal and Mantifactating interests of the county.
its organisation would excites spirit of emulation s
ang eitr &risers, which - weld( *he many
promising, in dallied. of cal niuhora
4 Whielt.iiiirsieed profits ,
, be de.
tired. -
Conirtruntatutsd in-the Corn
neesregity ether flit ule; dust! Lccrif Kentucky'
haunt sisarn
Ikons eigsnuefot4lfraa rogues bare robbed a tai
eluigcsuel adetifirnig house of sA,oooincasb, az&
inviethes. We are, at ski; tine, thli
seekiitto bring the reseals tojcilice. nay
oeituliwountesfeet White s's,thetiess renuark
hord es istect. The perste
. were halreativitt on the 13th=ths
about ten *iris abed."
Ititsimtdow.4.,
a>>,
~: °- ~~.
THO/L&S PHILLIPS, MIME
lallanipmf
CHARGE OF JUDGE
Ginert.zetittrax tin Jetty: •
We have at !sorb arrived at that stage of this long,
co per, fatiguing, but not uninteresting trial which
.coMmits it to your hands fur final determination. - Is
is yonr previses to decide the law and the fillets, and
yea have-been specially appealed to for this purpose.
In any remarks which we - may offer, gentlemen, we
would not wish to be understood as interfering, in any
manner, with either your legal or constitutional rights.
Our only aim is, to aid you if we can, in Corning to
stair and just conclusion. The ease is an 'importent
ono. It has engrossed, for wicks pent a large share
of the public attention. The high commercial rand
ingeof the prosecutor and of the accused—ds eaten
riverecale upon which their business was conducted—
the' influence which their example might have upon
'commercial character, which ought not only to be
- chaste, but above suspicion --end its effect, upon the
reputation, and possibly upon the liberty, of the accu
sed—sill these considerations combine to give great
importance to the issue you are called upon to try.—
From the 'trier. attention you have paid to this cause in
the various stages of its progress, as well as .from
the importance which attaches to it, we cannot doubt
dolt you will give to it yourniost serious consideratiOn.
The Indictment is for Conspiracy.
Conapiracy is an unlarofn/ confederacy or combin
ation of two or more persons to do an unlawful act,
or to do even a lawful act for unlawful purposes.
From this definition, it will be perceived, that the
essence or gist of the offence; consists not in any act
which, may be done i Y pursuance 6f the confederacy,
tier in the turpitude or wickedness astral acts done,
but in thereaerabination to do an act, whether lawful or
otherwisslAL unlawful purposes. A combination
jrandulecoW obtain the property or money of anode
Nir, whether successful or not, is in itself a conspiracy;
and the means adopted by the conspirators, and the
successful carrying out of theirplans, do not constitute
the offence, but are only the aggravations of it. Men
may combine to commit an unlawful act against the
public or agkinst private individuals; they may com
bine to prevent the due administration of justice with
an evil intent or by improper means: or wrongfully to
injure any individual or any body of men, and all such
combinations are conspiracies whether successful or
not. The success of the combination, is merely an
aggravation of the offence; and not the offence itself.
This principle is well settled. Combinations for un
lawful purposes, are alike dangerous to the public
peace, and to private and personal security and virtue.
They are public wrongs; they are cony Bred as such
by the law; and they are investigated and punished as
such. The law acts upon the principle that the very
formation of a censapcy, is a crime, and that it is
better to punish the crime itself, in this early "stage of
it, than to wait for the Overt acts, or the carrying out
successfully of the designs of the conspirators.
In indictments for coospiracy the prosecutor for the
Commonveualth may or May notiietont the overt ants,
at his option. When however, they. are within his
knowlge, and are susceptible of proof, it is better
that they should be set out, because they serve to illus.
trate the character and nature of the conspiracy.
Where they are set out no informality in the manner
of doing it, will vitiate the indictment. It requires
' two or more to form a conspiracy. If two persons,
or any greater limited number be indicted by name,
and the evidence establishes the innocence of all but
one he cannot be convicted, because the,number being
limited to the names set forth in the indictment, one
person singly cannot be a conspirator. But where the
indictment charges two or more persons by name with
conspiracy, with olio: persona unknown, and all the
persons named are acquitted but one he may be con
victed, if the jury believe that he conspired with others
not named in the indictment. And here, gentlemen,
it may not be improper to remark, that in the indict
ment now before you there are two persons only spe
cially named Ind no others. If on due investigation
you should find either of them not guilty of the alleged
conspiracy, your verdict must go for both. because one
person cannot commit di. offence. Conspiracy is pun.
'shed by fine and imprisonment, and not by incarcem
tkrn in the penitentiary as alleged by the council for
the defence.
In cases of conspiracy the first thing to be proved
is its formation or existence.
The second is, that the defendants were connected
with or had participation in it
1. Evidence of a conspiracy is admissible either be
fore, at, or after the time laid in the indictment. It
rarely occurs that there is direct evidence of the fact.
The meetings or consultations of the conspirators, are
not likely to be known to any others than themse.ves
and they have the strongest inducements for conceal.
meat. The evidence therefore generally must be cir
cumstantial: and it may be inferred from collateral
circumstances. The more secret the object, and the
greater the coincidence in the acts, the means and the
measures, the stronger is the evidence of the oonspi
rasy..
Wherever there is among the persons implicated
as conspirators an intimacy and connection— a com
munity of interests and designs—a concurrence in the
proceedings, and an adaptation of their acts and mea
sures to effect the alleged object, there is strong proof
of the conspiracy. Whether it be strong enough to
warrant a conviction, must depend upon the evidence
which may be adduced.
2. Where the formation or existence of a conspir
acy is proved, it is necessary to show that the defen
dants participated in it. The proof of this participa
tion has also frequently to be made out from circum
stantial evidence. The same evidence that will ap
ply to the existence of a conspiracy, generally applies
with equal force to prove participation in it by con
spirators. And as in the former case, their guilt or
innocence may be inferred from the strength of the
circumstantial evidence which may be adduced.
3. Where the members of a conspiracy are ascer
tained, the acts and declarations accompanying the
acts of one are evidence against all the rest. Hi re
two or more persons combine together for the same
illegal purpose each is the agent of the others, and any
acts done by one in furtherance of the common design
is in consideration of law, the . act of all. Such acts,
however, to be admitted in evidence, must be done in
pursuance of the commoninterest.
Having thus. gentlemen, briefly laid down the law
of conspiracy, it will be your duty to apply it to the
case you have been sworn hell and truly to try.
This is an indictment against John Denniston and
James O. Dinniston, for conspiracy. It contains two
counts—
1. That they did falsely, maliciously and unlawfully,
conspire, confederate and agree to cheat and de
fraud Alexander McClurg andothens, creditors of said
John and Charles, by false, fraudulent and forged en
tries, 3m., in the books and accounts of McClurg,
Denniston & Co., and by false, fraudulent and deceit
ful assignments, transfers, sales iltc. and by collusion
to conceal from the said Alexander McClurg and oth
ers, the effects and claims, and estate of the said John
and Charles, with the expectation of future benefit to
themsehres, to the gnat damage of the said Alexander
McClurg and others, atc.
2 The second count charges a like offence. That
they did unlawfully conspire, combine,confederate and
agree to Cheat and defraud Joseph Ripka and others,
creditors.of .1 ds C C Denniston, by the same means
and for the same ends mentioned in the former count.
The two counts in the indictment, gentlemen, you
will perceive, may be each naturally divided into two
parts:
1. The crimeor offence chit ged; end,
2. The means by which it was to be accomplished.
The offence charged is unlawfully conspiring to
cheat and defraud; and the second,the means by which
the offence• was to be accomplished is by false, fraud
ulent and forged entries; dire.
If the defendants be found not guilty of the offense;
there can elitist none of its aggravations—no offence
having been committed.
%slithery/Peace charged in this indictment commit
ted bythe defendants 1 This, gentlemen, is the grea
question youbaveto decide. You are & t
judges of
the law andtheAtts. The testimony in the case is vol.
=bums march:4llex. Bat it has been pitiently and
attentively beard by yon, &alms been ably and elo
quently explained and enforced by. the counsel on both
sides; It only rentidiut, therefore, far us briefly to no
clat its getters( outline in order to aid your delibera
tions. We shell endeavor sq do so isiipartialbr and
Eddy, leaving the white cast we it ougbt be' is
the bands of an intellicaskt jury dittennu ,
At mencentont of this
the *meted that this indictment could not
be soited. They made two points:
1. the word "forged" was used to the
meet. That "forgery was a distinct and separate
wadi,
Aimee, and that conspiracy being a lesser offence than
forgery, the conspiracy merged in the forg.ry
2. That one ofthe defendants had been dembaresta'
under the &solve* laws, and that having been heard
and examined by The Court, the discharge barred all
further inquiry int%theoffeneeslaidin the indictment` •
Both these points'svere overruled by the court, and
the oial was suffered to proceed. -On the first point.
the court ruled that there was no distinct charge of
"forgery" set forth in the indictment, and that the word
"forged" as therein used, was merely descriptive of
the manner in which the alleged conspiracy was com
mitted. They alserettruirked, that conspiracy and for
eery are both misdemeanors, and that as there are no
grades in misdemeanors, one misdemeanor cannot
merge in another.
The second point, however, with some modification
is still pertinactietisly inskeed on by the counsel forth;
defendants; who declare,4lnn it farina ow principal
ground fat their defence; and they appeal from the de
cision of the court M thatof the jury. We are not die
posted, gentlemen, in any degree,to resist their appeal,
nor to question your right to judge of the /an, if you I
think proper to exercise it, es well as thefacts of this
case. We only ask the privilege of declaring our
views of the law, and let them have that weight which
you may think they deserve.
The opinion of the President Judge of this Court
has been referred to; and we have permitted the novel
L amm to be pursued of admitting evidence to show
what that opinion was. The point is' stated by Mr
Hampton as follow,: "That as the act of assembly
"points out the particular mode of bringing a petition
"ing debtor before a jury for trial, for any fact which
"if proven, would have prevented his discharge,
by the court is a bar to any proceedings
"against him in any other way than that pointed out by
"the act for commitment and trial within tks time
"specified." We trust we feel a proper regard for the
opinions of the president judge, and we are happy
when we can concur with him. But we protest against
the assumption, that his mere opinion, individually ex
pressed, and in the formation and declaration of which
the associate judges were not consulted, shall be con
sidered as a judicial decision binding on this pourt.—
If this decision is to be binding, let it be fully and fair
ly discussed.
We admit that the act 1836, does point out a par
ticular mode of bringing a petitioning debtor in cer
tain cases to trial, and that in such cases he shall 56
committed, and have his trial witkin the time speci
fied. But this specified time is also in 'particular'
cases. It is only where the fraud is discovered on ex
amination' by the court. It is in cases where the
court 'has just grounds to believe' that a fraud has been
committed. It does not refer to, or exclude cases
where offences againstthe act are discovered after the
discharge of the debtor; nor can we see that either
in this, or any other part of the act, the discharge hats
a prosecution for such !offences, when so discovered.--
The 'examination' which takes place before the
court, we regard in the same light as 'an examination'
before a committing magistrate. It only lays the
ground for trial, if there be 'just grouted' to believe that
an offense has been committed; and 'discharge' is to
be viewed in the same light. As a discharge from ar
rest 'on examination' by a magistrate, does not bar
I from arrest, when new testimony is discovered, so a
I discharge 'on examinatipn,' by the court does not bar
from arrest and trial, when evidence is afterwards die
, covered of fraud. We do not consider an examination
and discharge by the court, in the same light as a trial
and acquittal by a jury. , The former only possess upon
the case so far as to say, there is or is not just frosted
to commit for trial. The latter passes upon the of
fence-after a full hearing of all the evidence. The ex
amination and discharge by the court is analogous, to
the examination and discharge of a prisoner fur an al
leged offence, where just ground for Committing does
not appear. It does not debar a future arrest. It
is the verdict of the jury only which insures this high
privilege. If the court can, on examination, and dis
charge, bar a future prosecution, then they can ever-
I cise a power and authority, which, we think, by the
' constitution and laws are vested in a jury alone. For
in all othercases, it is the verdict of /jury, which secures
from arrest. This construction of the lbw, is support
ed we think by the well kronen fact, that the exert:Una
tioas ofpetitionerefor the benefit of the acts of insol
vency , are generallyoral; that they are seldom or never
reduced to writing, and are not put on file, or other
wise kept as remembrances by the court; whilst a con
trary construction would open the door for the com
mission of the most stupendous frauds, 'iihd insure, in
most i nstances, the escape Of the offender. We cannot
believe then that such the meaning of the act, nor
such the intention of the legislature. But we are told,
that if their discoveries of fraud, are made after the dis
charge of the insolvent debtor he can be prosecuted
fur 'perjury.' If he cast, then all this parade about not
being liable to be called to acco An for his frauds as
specified in the act, is mere sound. It strikes upon the
ear, but convey s nothing to the understanding;
for in the indictment for 'perjury' the commonwealth
meet set forth their acts in proof of the perjury.—
But how is this indictment for perjury to be framed I
There is no stated law in Pennsylvania defining the
crime of perjary, although there are acts prescribing
the mode ofpunishment. Will it be contended that a
conviction for perjury cannot be had at common law,
when this crime is committed in violation of the insol
vent law? surely not. What then becomes of the strict,
construction so ardently contended for l It is I. tit
the mist of legal and logical subtleties. As in
of perjury the indictment [nay, under this act, be yr
as common law, so the proOsion for the one punish
ment of other offences, may be laid as common law
also; whenever and at whatever time such frauds may
be discovered. There is no definite mode prescribed
in the act so fie as we can discover for laying the in
dictment—nor no definte time for trial, except only
when the prisoner is committed by the court. It only
specially provides for the punishment :of the offender
on convic.ion in the court of Quarter Sessions of the
proper county.
The 42d and 43d sections provide for the trial and
punishment of the petitioning debtor where there is
"jest ground" to believe, that he has committed any
of the offences therein specified, such as having am-.
bezzled or applied to his own use any money or oth
er property, 4-c. Here the crime is alleged to have
been done or effected, and due punishment is enjoined.
The 49th section provides for the trial and punishment
of any person who shall " collude and contrive" with
the debtor far the commission of the offence mentioned
in the 42d and 43d sections. The trial and punish
ment of the debtor himself for this latter offence does
not appear to be provided fur by the act, although it
is clearly punishable ai common law. In this par
ticular the act leaves the common law, in full force;
and there remains no other or better way to reach the
offenders than by an indictment under it.
The Indictment, gentlemen, you ate called upon to
try, is one at common law. To "collude and con
trive," is nothing more than to -' confederate, to con
spire, and to plan," which is the common law defini
tion of conspiracy. We have drawn these remarks
from the act of 1836, and we think we are supported
is our construction by a careful perusal of it. It is
also supported by a number olauthorities read to you
by the counsel for the prosecution, and we do not see
that the cases cited by the defence, after deliberating
upon them, are of sufficient weight, to change the
opinion we have before expressed. This opinion we
think does not contravene the provisions of the Insol
vent laws, but in the language of the act of March,
1806, which has been referred to, " is necessary for
carrying these laws into effect."
It will be proper fir you, gentlemen, distinctly to
keep in mind, that the business of four and the books
of three distinct persons will pass under your review.
1. M'Clurg & Denniston, composed of Alexander
M'Clurg and John Denniston. This firm was die
solved on the In of January, 183.5.
2.- M'Clurg, Denniston & Co. composed of A.
ArClurg, John Denniston, and C. C. Dennis,,
dis
solved Ist February, 1839.
3. John and C. C. Denniston, composed af John
and Chitties C. Denniston, who sold out to the 4th
firm on the 3d of October, 1839. And
4. Jas. C. Denniston & Co: composed of James
C. Denniston, and Thos. Bolder. It was created
on the Ist day of October, 1839.
The points of testimony adduced by tke plaintiff
in support of the charges in the Indictment, are theme '
1. The transfer of the Books of lirClutg, Dennis
on &Co., by John Denniston to Ja mas-Dennitston.
2. Alterations, erasures, obnteratirms, false entries'
intermingling of dates, and the ressereation of blink
spaces and pages in the Books.
3. That about the Ist of Oct 1239, J&CC D
fraudulently transferred or sold to James C Dennis(
& Co their stock of goods with a view of defrauding A
McClurg and other creditors. '
SNOIY DEN.
=~~.:
=!:!!!EMMINIIII
4. That One of the notes given fur the purchase of
deifid*, was afterwards imiiroperlyvgiven up to Jas
C Denniston &Co.
Z. Thai &Sharp for rent of store amounting- to . $9OO
& C iseeinstlyinesde in the books of McClurg , Denniston
o.
6. Micelle account of Lawrence tit ll *ail en
fairly settled.
7. That in Dec, 1840, James t Denniston & Co
are charged iwith fifteen different accounts amounting
to 7 or 9000 dollars, free of which were afterwards ob
literated--the original names altered, and the amount
reduced dovin to $5,670.
8. That twodrafts amounting to $2,905 on Mr Don
aldson, of New Orleans, in favor of Somas] Welker,
and ever:Uteri to him in books of C Denniston &Co
are not accounted for.
9. That • Credit of $3050 was impropefly given to
James C Denniston &Co. for money paid Meow.
10. That under date of Feb 25,1841, there is an er
rot. of $5OO credited as of April, where no such error'
did exist.
11. That in a certain note to E Witn the amount
charged to McClurg ; Denniston & Co is
is $l7BB 90,
whilst thesuM actually paid was $l3lO 13.
12. That a wit was brought -in Cambridge county,
Ohio, in the name of McClurg, 9inniston & Co, for
the use ofJanies Denniston &Cofer about $6OO which
in fact belon g ed to McC D & Co and not to James C
D & Co.
13. That various accounts remained open on the
books of McClurg, Denniston & Co, while they came
into the bands of the receiver, which had been paid
and not accounted for.
14. That large sums of money were loaned to Kings,
Rigby & Anderson, for which James C D & Co re
ceived acredit from the assignee.
15. That 30 shares of Gas stook was charged to Jas
C DennistonA Co, a number of days before the actual
sale by the aoctioneer
16. That on,llie 4th of August, 1 840, John and •
Charles D are charged with $3OOO, and at the same
time John and Charles have charged the same amount
to James---thnegiving credit improperly to James C
D & Co for theiimount.
17. That Armor% account was improperly credited
in the books of McClurg, Denniston & Co.
1 1 18. That on the Bth Jan 1841, in the books of J &
C C Denniston, there are 15 accounts improperly trans.
(erred to John Qenniston, and that John Denniston has
also a credit 0f56500 unexplained.
Alexander M'Clurg Is the principal witness on the
IPart of the prosecution. His testimony is chiefly di-.
rected to the entries on the books of the different firms
of M'Clurg & Denniston, M'Clurg, Denniston & Co.,
and J. &C. C. Denniston. He points out sundry era
sures, obliterations, transfers, charges and credits
which he alleges were fraudulently and deli knedl
done to his injury, and to the mutual benefit =M ac y
-1
cused. Documents ryor written evidence, gentlemen I
,
is strong. and unless fully explained is justly entitled I I
I to much weight.; It appears that the original capital
ed ,
belonged to Alexinder M'Clurg; that be first establish -1
l John Denniston in Pittsburgh, and that he after-
wards took into the concern Charles C. Dennistmethat
both the young men were without capital and wore to
receive certain shares of the profits. It is to
I remark here that .orr: the formation of the secF7Zriart
nenihip John Denniston did put into the concernss,ooo
borrowed capital; which, M'Clurg alleges, he after
wards paid out of the profite—That after Charles came
r into the concern, the difficulties increased yearly, and
its affair, finally ecame very burdensome to M'Clurg,
and this with other causes which are enumerated in
his testimony, induced him to desire the closing of the
pat tnership. The principles on which the partnership
was dissolved were settled by arbitrators. The disso
lution took place on the Ist day of February, 1839.
The firm of John &Charies Denniston was then form
' ed—another building was then provided. the goods of
the old firm removed there, and the possession kept by
John & Charles Denniston. The arbitrators who made
the terms of dissolution, ordered a public sale of the
goods—they were sold, and about two-thirds of them
were bought by John & Charles C. Denniston. On the '
Ist of October, 1839, the firm of John & Charles C. '
Denniston also ceased. They transferred or sold their
goods to James C. Denniston & Co. rho amount of
the sales of John & Charles C. Manistee to James C.
Dennision & Co. was, agreeably to the books, about
$22,443. Notes were given at 6,9, 12, 15, and 18
months,
not endorsed, one of these notes was put lino
tho han ds of Mr Hurtahorn. That note was sued fur
and was paid to the , assignee of John Denniston. Jas.
C. Denniston and Thomas K. Boiler, who composed
the firm of J. C. Denniston & Co., the alleged pur
chasers, were young men, without capital, and had
been clerks in thestore. They were without property
and were indebted to M'Clurg, Denniston & Co. at the
time. This firm opened business at the same building
that had been occupied by John & Charles Denniston.
John & Charles assisted or controlled the business.—
The books of M'Clurg & Denniston were kept there
until they were given to Mr CLurcle The books show
that John & Charles Denniston peel the rent of the
store.—lt now stands charged as if paid out of the funds
of J. C. Denniston & Co. The firm of J. &C. C.
Denniston quit business after the sale to James.
Mr M'Clurg filed a bill in chancery about the Ist of
August, 1839, for the purpose of getting possession of
.the books and papers, but owing to the delay which
Mould result, it was finally agreed to arbitrate. The
erbitreters were chosen in October, 1839 and reported
in Deilk*ber, 1840, morethan 14 months after.
.Their
fees were $l2OO, paid by M'Clurg. The court atifieint
ed Samuel Church, receiver, and with difficulty the
books were got out of the heeds of J. &C. D. The
books and letters were mutilated; the letter book cut in
two, when handed to MrChumh. The reason assign
ed for it was. that it had been used as a letter book for
J. &C. C. Manistee ,iind their part was cut off. This
book is obliterated in many places, The letters were
much confused. It took several days to arrange them.
In the day book of M'd. D. & Co.. 23,1 February,
1841, expense account, is charged with $9OO for rent
of store, arbitrators' mom, stationary, &c. M'Clurg
[ objected. It was afterwards marked void, but a new]
entry of a similar kind was made in the cash book. It
appears from the book* of J. &C. C Denniston that
the rent of the whole building was $9OO. The books
of John and Charles show a chargel4so, Feb 25,1841,
for "rent to date," near same $6OO for two years' clerk
hire. On the 30th Dec, 1840, the day before the
award of the arbitrators, Lawrence Mitchell's account
in the books of McClurg. Denniston 4. CJ is transferr
ed to J C D & Co,and is again re-transferred; and on
the 16th February 1841,1w 0 months afteecash is charg
ed in full from Mitchell in the books of McClurg, Der.
neston &Co $124. According to Mitchell's testimo
ny, it appears that he was indebted to McC Dcf Co .
aboutll3l. In the latterpert of the winter J D called
on him for the money. lie said that they or his broth
er James would lend thettioney, if Mitehell would give
his note for the amount. • It was settled in that way.
Mitchell gave his note to J and C D for the money.—
The note was at 9 mouths. Mr Baird's check was
borrowed to pay with. The check was given to John
Denniston, and he observed to Mitchell that if ever he
was called on for the money to say that he had paid_
that the books were closerk The note was drawn in fa
vor of Jas C Denniston. Tbs. entryon McClurg, Dee
ninon & Co's books was shown him. It was dated
16th Feb, 1841, in cash book. The entry was L Mitch
ell in full $124. James citliie on Mitchell for the pay
ment. It was paid to the Sheriff.
In the Day Book of M'Clurg. Denniston At Co., Dr
camber 1840, James C. Denniston & Co. are charged
as debtors 15 accounts over 7 or 9000 dollars, but
summed up as $5680 97. Among those is Mitchell's
'mount $lOO, and rhotoas Covert $3OO. Five of
these accounts are obliterated. They.are alleged to
have been made after they were posted into the Ledg
er, and that three of them were afterwards re-transfisr
nil& In the Journal they were also obliterated. In
the Journal of M'Clurg, Denniston & Co., Dec. '4O,
they were obliterated in adifferent way. Four differ
eat accounts which are erased were credited original
ly as cash received by J &C. C. Denniston. They
are transferred instead of being erassalots in the day
book—some letters are erased and inhere substituted
_so as to change the original into ; L ome other name, on
the day book thelwst account is'erased, and on the
Journal the name stands, James Pavans; there is no
such account in the Ledger. In the cash book of M'.
Chug, Denniston & Co. there are cash receipts irony
a unnamed Wm. 5war5..4173,,52, in the account - of
Mr. Swan in the iedgeri: t D. &CO. bid.originallt
credit for it. The name dr t h e rinni is erased. Thee
have credit as if it Yd ' helmet'W It it then utterer
into $6OO. In the Animal Swan is credited WO.
The names of the free emiosets Ars altorechrWia.
Sheirwat originally Itehartillaism James Pomiat. was
Swans)
"John Woo$441:1 Was 1* %trek Ihk.
.:_.~~_~
•
rid Sheppard wa s David
Bac Ram
i was originallu Percival and - •
Stevens.evens. And is dre 1 - ~ ar ,trup , k
ma
Ledger °I / .u P ', b "1 6 ' 1 41 Denniston do Ce ` the 1.4"4111114 JUT JRZCZMCD,
C OOK'S LITERARY DEPOT;
l lamas C. toix & Co. is ered frinn= . -
•AT
thermand 40 Wh o at it now stands 5,6 a1t 10. Mr: I - • No. 83, Antra Street,
received. from 41)1iir. Covert, pieta tbesediets. ANY quantity of new and cheap publitadons, at
Jrialee C. • "driCo. brought snit forit against IL Ea„,„,, Pr ices. Mn Church. They teak i nrioania This non -suit IL. 8, li: ; ch .. Aotutuus of Irish Rein,
commit
4is 'satisfactorily explained by Mr. Loomis. Mr. , Treasure Tro4, an Irish ramance of hinder audeend.
: ac't. $5O, was transfMred to John Denniston, ' nem; b y & tin u nrurfiudimwearmay ,
laves
of Mentioned in the schedule. Sweellsei r
erte and Mew Or, Mr
o draila on Mr Donaldson of New Orleans, to. l ie ge , b y T . & Arthur ra....... r .;... u .,...... ~.
gether amounting to $2905 65 are not accounted for, j juju* B owiddi _ 4.7 J. - ear --
anda • c
13 1
in m 4
as
but Samuel Walker gets credit for them on the books 'exciti ng ro mance. '
of McClurg, Dennbium & Co; nca is it known wketk-1 Ladies' IfusicalLibrary, for Febramy,- eentalabg
o f they hive them. Otlthe subject of thole drafts Mr s ix pi eces of music, at th e low ....,.._ oi . s. &I Ilk
Cochran affirmed that be cannot toll mbete.they are sum, • - F lu. .4441-1°- Pik*
now, John Denniston told him *boas IA months ego, I Ladies' Costrasisa, for February, intemetkig as
that they belonged to, or were in the hands ofJamosC usual, and beautday nst rara d.
Penniman & Co—they had been uansfarred as collet- Columbian Magazine, foe February, a apleadid
end security. 4 . Some dine ago James Denniston told number.
him they were not in his possession; one was in the American in Paris during tau sounner. by Jaisa`
hands of Mr Lrehrop, and that her had taken W Rob. Jani n ;
inson,jr, as security for the delivery of its value. Mr The Mysteries of New York, by do.
Church has sued J C Denniston &Co for both drafts. The Brewer .Katg, by Vincent
In the daybook of McClurg, D &Co,Ang 25,1840, CA
Gast, Carol, bekg a ghost story a
James C D drCo are charged debtor $3150, for cash by Charles Dickens.
paid Megaw. On the omit book of John and Charles cham De p re gi ns , N o . 2. •
C Denniston there is an entry in FeblB4o, but on the The Canons of Good Breeding or head book of
margin, Decs, JCD & Co per Dunlop's receiptssoo the man of fashion; by the wt] aiiselimm of Et 4-.
-again Oct: 23, 26, $lOOO, on 9th January, 1840 quette.
,
check Mer. &Man. B. $l5O on thecredit side of the Thaddeus of Warsasy,by Misi Porter, clialarmli..,
, -- - -- r -
cash book amounting to sl6oo—The two first entries toi m
are written other entries; and there are several other Hand Book of t o receipts, pries 6 oreste: ' .
items charged to J. C. D . & Co. amounting t 053150. Neaps History of he .Pwritant, part W. - 1
This with other monies ap to have been paid by Iseir t em e f or th e Ladie s , w i t h hi nts on t h e inie *- ,
Jahn & C. C. D. to James e a r D. & C0....50 that in ration, improvement and display of female imanty.
- 1848 say Ist June, James C. D. & Co. stood in debt Mc's/Ai/mi t r e Gassman pert Bth, to John &C D. $3449,24. This exceeds the amount . illaclapood's Magazine, fee January, tidy $2 *
$3150 taking both sides of the book. At that time year
83449,24. In the day book of M'Clur
Roasts
John & CV % D. had furnished to James D. & Co. Gibbon's Decline and Pall of the Eirldre;
g and Dennis- No 4.
. .
s
ten, Oot. 8, 1840, Real estate is charged Dr. to Dl'.. emark, on thdrenchßesolrialm, by Henry Loa
Clurg, Denniston & Co. for amount paid Megaw 25th Brougham, F. R. S.
Aug. To cash paid John D. and Co, S3ISS) where it Markt& Burbort, a Historical itonileco,bi td .
•
is credited: it goes to the credit of Warn, Denniston S. Gould.
•
1&Co on the books of M'Clurg & Den M e - , n. In-the - Li& of Andrew Janhanyby Amos KaidekNO:ll:
I affidavit orJames C. Denniston in the chancery fruit, Beans' History of aki? Christian Sects, damardepi.
among other items in the account of J. C. D. &Co. he ting their origin, peculiar tenets and prammisti imadia
charged M'Clurg, Denniston & Co. *3150, as cash, tion i by tam Evans, L. L. D. -
Aug. 25, the words "Mairaw's
.judgment" •is erased, Music 'Mama a Masee r m s with a imilasr. fry a
James D. & Co. also claimed the Megaw property. new method, containing azupit instructions for thaPip.
Under date of February 25th, 1841, is entered "by ano Forte.
error in April $500," in the band writing of Mr Nick- The above, and many others not mentioned in dm
lin, but the witness could discover no such error, above, can be had at Cook's, 85, 4th street;- obe
The witness,Mr M'Clurg, detailed teeny otherirreg- the new and cheap publications are, reepieed sa 'von
ularities in the entries to which after the very minute as published.
15
investigation that has been had, it is not necessary -- -
here to refer. They must be fresh in your recollection.
( Concluded To-Morroto.)
PENNSYLVANIA LEGISLATURE.
THUSDAT, Feb. 1, 1844.
HOUSE OF RZFRILIZATATIVII.
The Speaker presented the petition of citizens- of
Mifflin county, for a law to authorize the people of
said county to decide by vote whether the poor house
system should be adopted.
Mr Brackenridge: one against a reduction oftulls on
the Monongahela and Coal Hill turnpike—and one of
Benjamin Ford, for a law to secure adequate compen
sation for female labor...e a d one against a charge in
the keeping of the jail in Allegheny county.
Mr Gibson: one for a reduction oftens on the Mon
ongahela.
Messrs. A nderegg 'and Sttnecnx two against endue
lion of tolls on the above road.
Mr Morgan presented the frceedings of a metetire
of citizens of Fayette county, in favor of biennia/ sea-.
sions of the Legislature—in favor of individual liability
in banking; and against a sale of the public storks
and against a division of Fayette county.
Mr Smith of Monroe! one for the repeal of the law
exempting firemen from militia duty.
Mr Anderegg reported ut bill to furnish the
Pennsylvania Literary and Scientific Institute wife
inn&
Mr Brady reported a bill relative to the Pittsburgh
and Coal Hill Turnpike:
, FRIDAY, Feb, 2, 1844.
SENATE.
The Speaker laid before the Senate a communica
tion from the President of the Canal Board, stating
hat it was impossible for them to comply with a reso
lution of the Seine, relative to the amount of tonnage
of iron and coal, which had passed over the canals and
railroads of agt e rimonwealth during the last year, as
no aocourit. a kept.
MrChampneys submitted a joint resolution far ;he
payment of the expenses of the investigating commit
tee, allowing the clerk $100; and witnesses $l5O per
day, and 10 cents per mile.
On motion of fel r Champneys,tbe sen eta proceeded to
its consideration, when.
Mr Black moved to amend, by striking out $lOO,
and inserting $5O; which was lost, yeas 13, nays
17.
Mr Heckman moved to insert $75 in lieu of $100;
which was agreed to.
Mr Halide then moved to makb witnesses fees $1 33
per day, and 64 ca per mile.
After some conversation on the subject,
At the suggestion of Mr Sullivan, the amendment
was so modified as to read "$1 per day, and 8 ca per
mile," and as modified, was agreed to, and the resolu
tion finally passed.
FRIDAY, Feb 2, 1844.
HOUSE Off RISPRZSZNTATIVI!.
Mr Hill submitted a resolution that from and after
Monday next the House shall meet at halfjpest nine o'-
clock, and that be the standing hour of meeting until
otherwise ordered.
Mr Metzger reported a bill to incorporate the Alle
gheny county Mutual Insurance company.
Mr Cummins of Butler,reported a bill electing parts
of Butler. Nlereer,Ventmgo and Armstrong counties,into
a seperate county to be called Martin.-
Mr kl'easlio submitted the following resolution,
whit was considered and adopted:
Resolved, That the Auditor General be required as
soon as practicable to report to this House, the amount
of Militia fines and forfeitures which have been collect
ed by the,several Brigade - Inspectors of this Common
wealth, including the amount actually paid into the
Treasury, and also the amount disbursed by said Brig
adelns before reaching the Treasury, during
I the last t , ending on the first day Itf January
Last. o years to be reported seperarely.
ta'.The New Bedford Mercury furnishes the foi
e
lowing particula rs of a destructive fire in that town:
The valuable Oil Manufactory of Samuel Leonard
I upon Leonard's wharf at the S. E. part of this town
was entirely destroyed by fire on Tuesday morning.--
The fire was supposed to have originated in the boil..
ing room, and had made considerabS progress in the
interior Ofthe building when it was first discovered, at
about 5 o'clock, by the workmen in going to resume
their labors in the manufactory. We undLrstand that
the property was insured by the Birtford Fire Insti
-1 rance Co. for $lO,OOO, and by the American Insurance
I Co., in Providence for $8,000: which will cover near
ly the amount of laps.
The fire cornunicated to another oil manufactory id-
I joining, belonging to Messrs Nehemiah Leonard and
Barnabas S Perkins, which was snuck injured, and an
asked together with about 500 bbl.. sperm oil, val
ued at about $25,000, was entirely consumed. We
learn that the manufacttuy and fixtures were insured
by Mr N Leonard at the Washington Company in
Providence for $3 000 and by Mr Perkins fer $3,00
at - the American Company Upon the oil tilers %Imo in
surance and the loss will fall heavily upon the holders,
as follows: B S Perkins, $10,000; B T Rickebson,
000, end the remainder to N Leotard.
T HE Cultivator, for Fe ream hes- just been re
-1 seised. Persons desirous of eubecribing Wilds
valoalde paper can do so by applying it Cook's Liten.
ff ry Depot, 85 4th street, sole simony for Pittsburgh.
TO OWNERS OF TOWN LOTS
Ka. Blitstitirtspeet OW.
MEM uadansigned m aw ; - to the payment .0'
JL sad to the redemption et Lots ecoiti
taxes at the Alm place. Persona desirous tWI
should the above fie . them, forward to
me the eturthem adage' Lea, med sullitEAtt finals to
Seithe„eiemor aa d
JOHN oorpmegam tax,. saseally i n
S. BLAKELY,
4 East Liverpool.
•
I.
N the District )Georg e R White 1
Courtof vs Vend. ,
Allegheny County Benj. Darlington. 40
And now to wit; Jan. 1, 1844; OirspotiortafMr )fir.
Candles', the Court appoint Francis R. Shank Aug. -
tor, to distribute the proceeds of sale in Was s
From the Record. -
GEO. R. RIDDLE, Plutb'y.
Notice is hereby given to all peruses interested that
the above Auditor will attend to the duties of las ap.
pointrnent, at his office in 4th street, Pittsburgh, on
Wednesday, the 28th of February, instant,,et 3 o'cicck
P. M. FRANCIS R. SHITNIC;
~
f3-3w
Auditor.
lirLane's Worm Specific
This is to certify that with one vial off Dr teoLtuse's
Worm Specific, one ofmy children passed twenty see. ,
en Worms, another eighteen, aod a third swiss.
Plasm let me have another vial, for it is the moistant
aptising Worm medicine I ever saw.
JOHN BRADEY, 6 intl. Ferry.
For sail at
"' t Drug Store of JON. KIDD,
.' Jan. 31. , Comer 4th and Wood stn
11.,SATETTEMIt. BO:TAM:VS STOCX ) „
&c.
pliE,subscribe lL opiestoly km the Will of lift Rea.'
I. and, and by Mee "be Executors, will sell of, ' ""2
between this and the first of April next, at prime sale. -
the entire stock of Liquors and Wines belonging to the
deceased, at the old stand, next door to the crow
and Market street, Pittsburgh: consisting of /0.000
U
of OLD WHISKEY, well known all over the
United Stater , 700 bottles do; Holland GM in bottler&
120 gallons French Brandy; Port, Rota, Mascot,
Charnpaigne, and various other Wines, but principally '•
Clarets) together with sundry articles which he kept
for sale, (except the Dry Goods which will be sold at
diction an tbe'7th prox. at the stove mom, two dears
above.) None of the Whiskey is less than nine Notre
old, and that ills from twenty to tMrty years tilde=
To give On opportunity to turrespoodects in Philadelw
phi', St Lon* and other places at a distance (vrbo,
are waiting fite, a pubtic sale) to get some of this eel
ebtated whiskey -4a chance thitt may never again occur
—the sale of taro hundred barrels of it will be reserved
until the 20th of Februaty neat.
411.
The pnce for the oldest Whiskey ; is $2 per gales; ,
for the other sl# pergallon. Terms, cash parameter. • •
MICHAye McCLOSKEY.
ISAAC CRitiSE, •
Late of Pittsbtirgb, Pa.,
COMMISSION & FORWARDING MERCHANT(
ast4nroart, ww.
References in Pitisourgair
Bailey & Co- Robertson & Rapport'
John and Rieled Floyd Porter.At Cassidy,
Alaer Laughlin &Cot Reber% 4381**Y. 411,
Hussey & Pettit; AI; Leech &Cot 4:
.1. W. &abridge & Rob% & Cam,
Dalsell & Fleming; Hunter &Rama;
&R. M i Cutcheon; Henry ember.
• -
©"Particular attention will be given to the sales of
Western Produce, consignments of which are respect
full solicited .
Goods received and forwarded with despat c h
as rented. -
Jan 31.6 a t
DITTSBURGH MANUFACTURES, &c.--4:11i
..L hand, or procured for customers at - shot:t notice!..."
500 dozen 7 by 9,9 by 10, 9 6712, 101, 12 , andlo by
14 Window Sash and Window Glass, by the box or re
tail, to suit; Cast -steel Axes, Hatchets, Shovels and
Spades; Coffee mills, Files and Rasps. Matches, Pat
ent Buckets, Tubs, Churns, half Wshel and peck
measures, Brushes of all kinds, Bed cords, &c. Look.
Shoe
Knives and Forks, Pen Pocket and
Shoe Knives, Catidlesticks,Sanffer s and Spoons, dac-,
all of which will be said on accommodating terms.
ISAAC HARRIS,
Agent and Cam Merchant,* • ,
No 9, Fifth st.
.1
FOR SALE CHEAP.—A good second load Cals. • • -
ran Patent Revolving?' that Om se%ral Otto,
gO l / 48
with oneeloading, and in idu be sold loir
for the owner, who is poor and 'to sell. lS
ISAACHARR, .
gitf
Agent and Commission Merchant, ' l,
feb3
No. 9, Fifth at.
o re (Mance!
.;
"tyrTE willsell asod stand for Ittsinest a blle 4
V V house and store room,with good stablingandbant, 4
all frame, and all necessary oat houses, together with
about six acres of land with it, all in a high state of tad.
Ovation, and a very handsome pave of Locust Trees.
The house is large and commodious, and the situation a
first rate one for business, and very particularly for a
store. It is only si miles from "forcer, and 8/miles
from Greenville ' but three hundred perches from the, -
Canal, and in a first rate settlement. •
Ter t u.—one_thirti in hand, one-third ins year, and
one-third in two years, without interest. Possession
given on the lit of April next. his worthy the at.
tendon of Pittsberghen, as a business situation, per.
Ocularly as a store. It is now occupied by Mr James
T Black.
Apply to EGOLF FOSTER, Real Estate Agents.
next door to the Post Office. fib 2
RARE
- CHANCE--SCHOOL FURNITURE FOR
. SAt • -4,1 - -1 . 7,
Esn i tia
. .
5 n SCHOOL D
inkstands le lids..sests,
them to the: .., .
kr and -
- ,lb
plan*: M i ele* ' •
000r' ' eiiif
-2 6ne large bencbeg _ ....704
1 platform, for teacher's deer: 5
1 table with four good drawers;
All in good preservation, end betllttlit wad, *hi
er with clothes racks, &a, suitable for imp
These will be sold cheap. if application be made nrs.
mediately, at the General Arms, Me, mu dam te
the Post Office. ' EGOLP & TOBTIM
Ma 65 - e
MCMI39