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rupee EDWARDS CHARGE-
Tlie following extract. from the (.I.ll.’l’I'ge ‘fl
ridge Etlwartls to the Jury 0?} -*Ul?_‘“"”"§ ‘O
them up; case of gem-_y Eckiord and others,
indicted for conispiracy, tlirows attire lt_ght.on
the transactions which 2‘-13"‘? ‘I59 ‘O m" '“d'°l‘
tucnts, than we have belore found in a con-
nected form. —
-it ‘4< t-I will now ‘proceed toplace the
res; .monv,before you. As it was well remark-
ed bv one ofthe ctiunsel, it is all important.
net only that the state of the Life and Fire
Compairy should be dist ioctly ascertaineti,but
how it stood in the itntncdittte view ofthe re-
spective defenda~nts. Ifone or any of these
individuals believed those institutions, in fact
and in truth,to be solvent, it must have a great
bearing upon them. \Vhat was its actual con-
dition is not necessary to enquire. The ques-
tion is. who believed it to be solvent P It is
fully proved that its capital of $400,000 was
goon ; it is also proved that bonds to the am’t
of$G l0,0l)0 were out, and that there was 2! tie
fIt:te.rt-y of $100,000. It is also proved that
on the 1st of.-.\Iay it had halfa million oi-'pro~
tested times in its possession_ and that in No-
tember, 1815, bonds were ottt atnoutttittgto
fl! .S(l0,O0'I Now the question is. how lar
did it lay within the lt'trowlctl«_v,e of these de-
fétttlatrts? I uill turn your attention to Mr.
Ecltfnitl. It appears that Mr. E. was Presi-
tlscni. btit that in November, 1804, be with-‘
drew himself, and that on his rt-turn in 189.5,
there were bonds out to a stun t:0nSl(it rably
over a million ofdollars. It would be unrea-
sonable to visit upon Mt. Ecl<f0I'd Wltill 00
curred during his alrsence He returncd.how-
ever, in November, l8£5, and continued there
down to the time of its failttre. With respect
to his means of knowitrg the cmttlilion 0|" ill?
company, it is a pi-ooI'tlt:tt they kept a batik
book, that it was regzularly kept, and that it is
so simple, that Mr. Eckford or arty other man
having access to it, might have lttroivn its
condition. It appears also that be math: stren-
uous exertions to reduce the circulatioir of
the bonds. The necessities of the cnnipttoy
nrtrst have led hint to know its situation. ’-I‘his
continued from November till the time of
failure, a little before which time Lil r. Ecltfotd
was about entering into a contract with '3' r.
Lawrence on a bond speculation. Tire evi-
dence of Alt’. Lawrence -'.-flll’ttiSIl€S a strong
circtimstance in mitigation, and shows that
Mr. Ecltford was not fully EJ(‘(]';‘.2lillIG(I with
the situation of the companay. It is_ for you
to say how far this will go in his favour, and
rs.-lrethcr he might not have expected to in-
demnify himself at at =1 subseqttexrt lime-
The next person is General Swift. As far
as we stand iitforuted all the bonds are sigtred
by General Swift. As they received the sauc-
~ tfon oflris sigtratirc. it is presutuablc he know
its situation. It isin proofthat he sigttvd then.
in blank. It is possible that they may _ have
been filled up, without his I\‘llO\VIf.‘(l,l_'C. On the
other hand, he was their DIIIt.‘P|' as Vice Pt't‘.~‘-
itlent ; he was paid for his set't'it.-es ; and it
,,.as Cm-iaittly his tlttty not to sport with Ill:
signature. He was also in the habit ol'tlail_v
zitientlancc in the ofiicc, and there is no evi-
dence that he did not inspect the books. With
respect to Mr. Davis. he was the Secretary ol
the company, and had the books constantly
under his eye. And with respect.t0 l\]t.Vcr
milyea, it is in proofthat bonds to a consider-
ableia-nount passed lltrough‘ltislr;tntls. Mr.
]";«,,rhbone was a director, and it appears ‘that
‘for a long time previous nomecting of direc-
tors had been Cnlletl. But Mr.Ratlr_boue was
more or less actually engagetl in the ttflitze ;—
lie was a parttrerbf-Mr. Etzkfot-tl‘s a_n.'l had an
oporzunity of knowing the contlitton of the
Lift: and Fire Comp-airy to a certain extent.
'l'i/tilt respect to Mr. l3.ttket', it appears that he
-was the ngenl, made the .ttlvatr'ccs, and was
actptztinted with its necessities. 'I‘het'e~is no
evitlertce that Spencer and Brown kttew any
;:~,%,ng nlrolll its condition.
I stated that it is impot'tant that your tllillfls
should be satisfied to what er-ztent. those re-
spective individuals were 8t"(1llflIltIf'-(I with the
real situation of the company. If they truly
bglievetl that the bonds were as good as U. S.
bills. at very diffo-rent cotrclusiou rrrust_be
drawn. Ifthey knew what its real sttitaiiotr
tvas—-if they knew it was irredeeuta_bly insol-
vent. and that these cllluts were only made 1:»
tvrotrrc: its existence, then you will perceive
that anotl.t=.r couclttsiou must be drawn. It
may__ iiowcver, be the truth that they rvt-‘re
not ftilly acquainted with the extent of its
:955¢~,., They may have indulged a hope that
it would save itselfeven with the loss of its
capital. You will attribute fraud or honesty
to these in such a degree as you consider these
premises. For ifthesc frauds have been com-
mitied, they have been reflected through the
itistrttmt-titality ofthe bonds issued by the Lilo
and Fire Company.
In proceeding to remark on the other
I)l’al‘tt:Ilt‘s of the subject, the first allegation is
In--tie on the two Cf3tI.iIIC8I€S for 2,500 shares
ofMorris Canal Sfock. It appears that tiy a
by-law ofthat cotttpauy, ElIIll.lIlCt'COl'1IlIlllI6C
was appointed consisting‘ of Mr. Eckford,
Gnu. Swift, Mr. Vertnilyea, Mr. Ruthbotre,
Mr. Ogden airtl Mr. Bayard, the Vice Presi-
dent. By this by-law the finance cutntnittee
was entrusted with all the powe s ofthe board
during the recess. They appointed a sub-
vzouttitittec, consisting of Gen. Swift and Mr.
Veumlyea. Two certificates of stock rverr
izssuetl in pursuance of a resolution which att-
Ill()t‘l~€d loans to the Life and Fire Company
at the rate of 1-4 per ccttt. a moutlr. It was
"the act of the fitrance cotntnittee, but not the
‘;l('l oi the finance cotnutittee asscttrbled to:
;:(‘.llt£‘l‘ for the purpose of consultation. It
was a resolution got tip antlsent round for
:=.ttot es. This is a sittgttlar mode ol doing
Ttrtr.-iitess. Mr. Bayztrtl lresitatcd-~lratl two or
Ehtete ootrversations, and iii the course oftliesr
.2urrvc..~atiotrs it appeared that none of the
ifritlrvrtluals indicted declared its object was
that for wltit-lr it was used after issuing shares.
It tlttrrcforc seems reasonable to presunic that
they had contemplated to tmke use of them
as they ditl,8~L that it was not an after thought.
In pursuztnce of this resolution the certifi-
."'.illL"~‘ were issued to the Life and Fire Com-
;.-., «..-tl passed iu.o the bands of Mr. Eek
1-7.. =, .-‘-_. I bcfort-. stated, the whole of this
fl , ~r-,-..- .;.:uittet=. consisted of the directors
- of ti»: Life and Fire Company. Mr. lint‘.
so .. i" ‘it the resolution to Mr. G0llV(’.t‘»lt*,|it..
Thy, .-.:-to acting in a dotible capacity : they
in the officers ofthe co*~~p.tnies. It did not
or'.;-_lttat.:-. with Messrs. Gouverueur, Bayard,
or ‘ .,.f'l‘.'l. 'I‘lt2=v disclaim all knotvledge,and
not they knew nothing about the certifi-
cities till after the failure of the Life and Fire
1 g
,-
Cdmpziily. "Viiere the‘; awa“e' at the tin-t‘e of
the transfer that.tlre Life and Fire bonds were
Without valu_‘c, and that sooner or later a loss
«trust ensue? If they were aware, it is for
3"" to say ivliether these resolutions were hon-
est or fraudulent, or "whether they conspired
or did not conspire. From that tinre_until
the failure the Vice President ofthe Morris
Canal. Mr. Gouverneur. and Mr.Ogtle_n were
ignorant that 2.500 shares had been transfer-
red to -the Life and Fire Company. Now,
gentlemen, if it was honest, why was it
screened ? What laudable end cotiltl there
be that they should be kept in ignorance of
this transztctiorr ? I shall not detain yoti how-
ever. At the time this resolution bears date.
it is in prooftbat Mr. Eckford was absctrt,attd
that he signed it on his returur The certifi
cates bear date on the day of -tire resolution,
andrflre stock passed into the hands of Mr.
Eckford.
Another transaction istbe stock subscribed
forithe benefit ofthe t‘t‘Itrrris Canal Company.
Nit Ogden states lioiv it was done. The other
members deny any ktrowledge ofthe transac-
tion. It is alleged that they kept that stock ;
that they made paytt/ents on it ; and that the
object was to keep it oitt ofthe hands of Mr.
Macttlloclr. On this subject you have the
vvitlence before you.
The next branch ofthis cause isthe Trades-
mett’s Blink An application was made to
some ofthe Directors who held large quanti-
ties of stock, for the purpose of ascertaining
whether they would sell their interest. This
stock had been partially paid in. The Batik
held stock notes. They agreed to give 910 per
cent, advance. Ten per cent is paid in cash,
and the residue iti Lift: and Fire Bonds. Now
getttletticti, wiry was [4 or 15 per cent. abtrve
the market. price given for the stock? To
what laudable use orjustifiable purpose could
the funds be pttt in paying such a ptettriuttr ?
It seettis it was tirade previous to the election.
lt succeeded, and they came into office on the
6th July. It was tliruut-tb the agettcy of Mr.
Rathlione that the notes of the stocltlrolders
i-rcre. taken up, and his own check strbstitutetl,
& that the notes ofthe itidividuals were satis-
lit‘(l by his check tvlrcn he had not a dollar in
the batik. It appears that this stock, wltia.-it
had been lrypotltecatetl totlie bank for 240,000
dollars fotmd its way iirto the hands oftV.Ir.
I’-atltbonc without. being liypotltecated to the
t:-atrk. It was done with the sanction of the
I*‘in:tur:e t.-uurtnittee which i» as '¢t}‘.pt.lltlll?tI lry
the Prosidr-tit. This was a departure front
the establisltetl by-laws of the cotnp':iny. It
was Mr-. Ilecd who lit-id appointr-tl Mr. Ratif-
_ bone, and he lrzrnself was ex-ofiitzioa trrembt-r.
The 0‘..llI1‘:‘tllf‘IiIi)t!tS‘5’v't2!C I“|'JlIIIIt~'S of Bro k-
lyn, at-it: Mr. G()!l\’cl'!)Pl|T. 'I‘he cotntnittee,
trot:-sistiazg of ftrttr persons, got togetlter and
‘not; ttpott lllP[I‘lS6\'t~'.‘: ‘ti trial-'.e this ztrratnge.
meut it liit Mt. R.rll.lt-')<>l]8. Tire powers ofthe
li‘in:rtrce Ctittrttrittee ‘-‘~'t‘-l’€ set forth by the by-
laws. 'I‘h:_g.~ tvr-to autlrorizetl to (list.'()tlnl. to
the amount trl'S-'.‘b.*3t.l0, l)ttl there is no author
ity to act as they did. Tlrey too'.~t ll}".‘lt them
selves to critical this il_)'}‘-trill‘:{‘2tlltttl, stt!r_';t:-«:1 ori-
ly to the. restriction that it should not be plll
out oftlteir II.'Ill(lS. Now for what legitiututc
purpose could 31-. Ratlrbone be authorised to
this effect? Mr. Gutivertiettrsztitl it was done
to t-nee tl e event of it new election. This was
no goritl «excuse to cancel the ltvpotlrecation _;
above all this was no good reason why Mr.
II2llllI)ODt‘ slioultl be zttttllorizetl to sell 249 000
nollars of stock. Mr. Iiatlrlrotte passed 800
shares oftbat stock out of his hautl, signed by
Mr. Cox,‘1llc Cashier. Now, geutleinen, it
is necessary for you to distiirgtitslt what is
frattviuleut, anti what is an honest trartsactioti.
If this was it fratid brought about by the joint
opertttion of the Pt'é=-itleitt, the Cttslticr, anti
others trained, it is a cott.sp'-racv. It seems
the st”Qur‘ity was a Life‘ and Fire B()l)(l,‘\l'llt(?ll
was marked on the books with the word “ex-
cliangc.” ,
Itr this way we connect the Life and Fire
Coutp-any with the 'I‘t’a<lestnett’s Batik. It
was through the iustrutuctrtality of a Life aitd
Fire Bond that this was accotuplislictl. But
let its follow it tip. 'I‘ltis stock lountl its war
ioto the li-ands ofSeth Sturtlevaut, a boy of i7
years ofage. He knew utitliitrg about it. In
the progress of this transaction it appears that
"the certificate passed into the hands of.'\Ir.
Barker, anti by liiru the Sltlci». is hypothecaierl
to Mr. Catlin. I\otv let its View it in connec
‘tion with Mr. Barker. Was it hottest or not?
Upon M r. Barker being called tipon to return
the stock, he promised to do it and he did do
it. Ifit had gone into his hands by a bona
jitle salc,woultl he quietly have surrendcretl it?
lie set up no claim of right. If it did not
-‘tome into his hands by ordinary business, how
did it come? But following these lt‘8llSZ|r‘-
tious further, we fitid Mr. Davis going to tb'e
bank and demanding l is botrd. This was
issued by the Life and tire Company, and
could not have been done ivttbottt passing‘
tlirouglr the hands ofits officers. As it does
notappear who signed it, that is a'm;;tter of
inference. But how came they to part with
it withotitany security ?
Another branclt oftliis case is the Mechan-
ic’s Instirsuce Ctitrrpatty. But as all the evi-
dence is bt-fore you, I shall dismiss it without
further cornnretit. On turning to the Fulton’
Bank I find urvsclf carried back to the Morris
Lii1t).'tI Bank. The stock ofthe Morris Canal
Bank waslotlgctl in the Fulton Bank itr ox-
chairge for Fulton Stock which then pztssctl
into the ltatrds of Mt’. igiarl-ter as the agent for
the Life anti Fire Courpau". Mr. Barker’s
account distinctly acknowledged this. I shall
trrit enter into all the particulars. ’ ‘he char-
acter of that transaction depends on the char-
acter ofthe Morris Canal transaction. Iftlic
last was fraudulent so is the first. On the
other hand ifit be hottest, ifit be iunoceut,uo
traud can be imputed to the transaction ofthe
Fulton stock.
Upon this general view of the testimony, I
will ttirn your attention, gentlemen, to ascer
tain whether these transactions are so many
respective conspiracies, or only, branches of
the satire general conspiracy. If tlieevid--nee
would bear ‘out the conclusion, that the otfi
cers of the Life and Fire Company, availed
tlrretrtselves ofthe cretlitoftlieir Institution, to
obtain money or stock from compatttt-s or iii-
dividuals~-—if they started upotr this plan it
may be considered as one general conspiracy,
notwitlistanding the branches into. which it
may diverge. If such is not the fact, anti,
though there may be a conspiracy, if it was
not in pursuance of any general plttn, thee;
each of these defentlattts is to be cottsirlere-t
HS a distinct and si:p:‘-.t£tl.0 consptr .to-.‘
With regard to Spencer .tnd B-row:-, I st.-air
simply state the law. Simply -'\'t:I"'ll“-.1".tl"
‘:3,
hoivever fraudulent-,. does not amount to cum l
A .
other, or the co‘-operation ofthe bank clerks.
it would then constititte a conspiracy. It is
gllegetl that Spencer t-ffected his oi-t-rtlraw-
‘figs through ‘the co-operation of the Vice
President anti the clerks. You have all We
testimony before you and particularly that of
Mr.Leavitt, from which you can make up
your mind. And here, gentlemen, when I
name this witness, I may be perirrittetl to ex-
press my regret that he has been so treated by
several of the counsel for the d€f3"‘I-"“‘5- I‘
appeared to me that he gave his tes’tinto'ny
with perfect sincerity and truth. If he did
so, why was he reflectcd upon by the counsel?
It is difiicult for the court to interfere with the
riglits of counsel in the discharge of their duty
to their cli_erits. Bttt it does appear to me that
tlresczriglttsgvere wamonly abused in the case
of Mr. Lcavttt. Iftliat gentleman was actua-
ted by trralevolence, he deserves reprobation.
On the other hand ifhe was actuated in giv-
ing his evidence, by the purest motives, by a
conscientious regard to duty, and by an eleve-
vaietl stand against corruption, t_i-by should he
have been stigtnntised as he was? IVlry treat-g
ed as he was by some ofthe counsel? III‘ the
feelings of witnesses are to be scourged and
laceratetl, public justice cannot be adminis-
tered. I had occasion to state before, that
witnesses are under the protectioit ofthe court,
flflfl IIOWI will add that jttsticeivould be a
dead letter without bones’. and intelligent wit-
nesses.
Another branch of this casc.is that which
,relates to Mr. Barker. It appears that Mr.
Barker received a certain nutnber of the
shares of the Tradesmen’s Bank and we have
no evidence how they came itrto his hands.-—
He has not vouclrsafed to give us airy satisfac-
tion on this point. It was reasonable to ex-
pect some evide_,(_t_ce. It appears also that the
stock of the Ftil,t't)_tr Bank came into the bands
of Mr. Barker, an‘tl'*‘tltat he had a very intim-
ate coirnection with the Life ant.‘ Fire*Cour-
party. He was a large dealer itr bonds. The
impression is that be igas doing this business
on his own a'ct:o_unt, but whether he did so, or
for the conip:my,I shall leave you to consider.‘
Mr. Barker tirade declarations ofthe Life and
Fire Company’s solvency. It is necessary for
you to inquirebow far he knew the affairs of.
the company ; and it is necessary for you to
say whether he was not co-operating with
these individuals to procure a circulation of
their bonds.
New YORK,-OCT. 94.
Court of O‘:/er and Tr-rmzner.——Tlte Court
converted yesterday morning and received the
Jury. The latter, upon being questioned re-
lative to their verdict, declared that’ they nei-
ther bad or could decide. Tlrejutlge inquired
wlretlter it was not possible for them to agree
upon a special verdict, accompanied by a
statement, to be exul:-rined by the court. Mr.
Wallace, one of the jttrors, said he saw no
"prospect of a coincidence itr opinion and that
the difiereirce scorned radical. :‘.Ir. Fitch,
attotherjttror, stated, that they were untu-
nanimous in their opinions as regarded the
guilt or ipnoceitt-e of anv dcfctitlant.
After a moment’s tleliberation on the part
of the court, an ortler was given the clerk to
withrlra\,v ajuror, and thejurv were dischar-
ged. From what we catr understand, the
jury were dividetl i.tr the _follot_viug manner :
7 to 5 for convicting all the tlefetrtlttttts, and 8
to 4,for'convictittg all but llenry Ecltford.
As soon as tbejury were dismissed, Barker
rose and said he appeared lit the bar of Illrll
court, pursuant to its tuatitlate, to answer for
his suppvrsetl contempt at a particular stage
ofthe proceedings. shottlti they yet ltold the
some mind as to his conduct.
‘ Judge Etlwartls said that the circumstances
had ivarrantetl the course pursued by the
court. It wtfuld be retrtemberetl that it hatl
been rcpeatetlly stated from the bench that
‘the ttrittressbs nrust be, protected fm. impeach-
ment wliile itntler exa'itritratioii. On the oc-
casion which is the subject ofiuquiry,;\1r. B.
asked Mr. Leavitt a question,wliit:l‘. was ob-
jectetl to, as irrelevant. Mr. Barker said he
intended to impeach the witness Leaviti
then asked iflie irttetrdetl that lie sltould Ittl
peach himself. M r. B. said that he ltatl done
so already, in his opinion. This l't.’ml\l'i(,S'dl(l
the jtitlge, was a gross violation of the rights
ofthe witness, and a contempt of the cotirt.
During tltis statement, Barker seemed very
impatient to be heard ; and when permitted,
said he always intended to show the most
matketl respect to the court; he iiatl generally
agreed in the opinions ofthe court during the
trial. and when he did not, be attributed it to
his own ignorance. And the court would
please to consider the situation in which the
tlefentlants in this case stood—they were pri-
soners on trial, not to be condemned by any
one until found guilty: It is far from the to
wish the protection oftlte court to be willi-
drawn from the witness; but I think the pris-
oners are also entitled to protection : and you
will recollect that the witness did take it upon
himselfto say thatI had Cl'lll"lIl‘IiI‘€fI it frautl:
and tiow, ifI am able to show that the witness
is wrong in the statement that he made, will
it not be a sufficient defence for what dropped.
from me ‘?
The Court.—Tltat will be no jttstificatimt.
The uitttesses must be protected frotrr insult.
ative of tlrejury, and took upon hitnselfto
tltrcide ttpon my condttct. He swore I had
committed a fraud. Now the fact has not
been shown. anti there are other inconsisten-
cies in his testimony which makes it (I().'.}l)IlIlI.
He was going on to characterise. the testi-
mony of Mr. Leavitt, when he was stoppctl by
Judge Edwards, who said that Mr. B. was de-
parting front the questioti in hand. The
Court lratl already expressed its opinion of the
testimony of Lcavitt, and they still tbo’t_you
had no right to reply to hittt as you tlid. It
was an insult to the witness and to the court.
Barker. I acted upon the principle which
I have followed all my life-—wlten I receive
a blow to strike back.
",Jutlge Etlwards. But, Mr. B. this must
not be permitnatl in a court ofjustice.
Barlfifi? You will please to recollect that
I was intlucetl to say what [did by a question
put by the witness. I was in a manner pro-
vuked to it.
Judge Etlwartls.» No provocation frotn the
witness could authorize you toinsoltthe court.
B. I wts‘= . on and show that Lcavitt
had been ltl‘.«:'.-t . - -mill? ‘I be permitted?
J--d;r E 83"» film is not the
qrestion, ] ’ tnetnbered llltifiqgcon.
':iItit‘-‘.t' t'i0l'l ll
cause tvitlro '
as that no'tv under. cortsiderzttion, but highly
improper. When, however you violated pro-
priety in so glaring a manner, it was impossi-
ble that the court should pass it over.
3,. I tireatit to assert only the truth ;—if
there was any thing insulting in it, it was my
fault, _ -
Judge Edwards. The Court will new ad-
jottrn to meet to morrow nroruittg, when they
will decide what atonement will be required.
The Court adjourned,
Oc'r. 2:’i.—Yesterday when the court con-
vented Judge Edwards again addressed Mr.
Barker, informing him that he did not take
thcriglit time to stigmatize the witness. “ If
you could have made it ap‘pt=.ar in your surn-
mmg "pd! was your right to do so——-nay more,
it would have been your tliity in order to de-
fend your own character. But even then you
mtist have proved the allegations. On the
Stand. however, you impeached him while UIl'
der the protection of the court; antl for the
'olfe.trce you have offered no atonement.
Barlrcr. I-offered to sltow the grounds of my
opittiott that Leavitt hatl impeached himself.
Judge Edwards. It was in your power to
have made a full atonement; but we are now
brought. to the question, whether witnesses
shall or shall not be instilled in the perforat-
ance oftlreit-duty. Your oiv_n sense of pro.
priety anti justice will convince you, that no
court cart ever allow such cortdiict. If they
ditl,no inducement would ‘be suflicient to'make
a men ofcltaracter appear in a court of jus-
tice, to be exposed to any insults which might
be bestowed upon hitn. The court have taken
the matter itrto consideration; antl, on one
side dttly weighing the peculiar excitement
by which yott seemed to be infltieitceri when
you was guilty of this impropriety; anti on
the other side, considering that yoti persistetl
yesterday in making the satire imputation; and
also, in your favor, that you are not a profes
sinnal man, and therefore could not have that
quick sense ofthe itrrp:-opt-iety which a lawyer
ttittst have had ; and having come to a decis-
iotr that the testimony of Mr. Leavitt SePfltt"(I
perfectly sincere and consistent--it is decided
that a fine of one liuntlrctl dollars be imposed
on you, and that you stand committed until it
[M r. Barker imntediately sent a messenger
for the money, and petitl his fine in doublooirs.
./1ccurac_tjnfJr1cnb B(n‘tl’er’.9 Ctilct[lation3.—-
The Br. sloop Ofwar Harlequin arrivetl at N.
York a few days since with S:385,000 in doub-
loous, in part payment for the Colombian frig-
ate La Plata, built by Mr. Et:I{/brd; and the
Spectator‘ says, that in one stage of the late
trial Mr. Barker declared to the court that be-
f0|’8. the trial was over he should have the fin-
gering of these doubloons. “ Last evening,
stepping out ofCourt, we tnct M r. Barlcer on
the steps, and inquired why he bail deserted
his post a_t the bar P” “ ‘.‘t’liy,”’ said he, “ I
have been down attending to the doubloons:
Did’nt I tell the court that I should have the
fingering of them before the trial was over ?”
But who bttt Jacob Brit/rot‘-——T/I-It Grout Un-
lcnotvn-—-as be styled bituselfin the t:ross-ex-
atntrmtinn of Mr. Boytl——wmtltl have been so
fortunate iii a random calculation .9”
From the Commercial ./Idverhser.
New HAVEN, O01‘. 21.
Messrs. Editors-—I notice that some of the
tletvspapers in this State, and in yutr CHVS 3"-‘
again bringing me before the pub in. Snnte
under the specious veil ofa LAW ca:-;.-. tori
smite by despicable spite anti cont- m t . .e-.l-
itorial notices—.-all tell the same s:..g.g. one
with the egg shell on his head, and another
with more venom than fairness. But it. is ti
fact that I am in close jltil; and now 10 my
bttsiiress. This recent mode or fashion of
pttblislting the indebtedness of nterclrants,
tvhile they have property to a large amotitrt irt
open view, and doing business-—contiiruing to
sound the triumph ()r[[)eig enemies when their
property and their persons are seized, and
pursuing tbeni to the prison, and even not let-
ting them rest in silence there, WaS'.I MP8;
(for I recollect ofno instance previous.) cout-
menced against me and my partner; and I
tnost sincerely hope, no other man or concern,
after the Eagle Bank has gone the way of all
the earth, will ever again he thus abused. l
have at every stage ofthis busitresss hoped
these ceusoriotts notices would ltave dqtie ;-
bttt they seeni‘notv no nearer to an end than
at the l)Pgil'll]I:‘l_". Oti cool reflection, [see
that Iniusr sink as a man covered with dis-
grace and iiifasny, or cotrie before the world
anti demand my rights. I now stand convict-
ed in the minds ofthousands who never knew
me, as a mercliant whose character has wholly
gone with his property; when they have no
more correct knowledge of me, or of the sitti-
atton ofthe claimsagainst me, than they ltave
oftlte antitleluvians. I find that it is titne for
me to choose whether Iwill sink under this
load of calutnny, or come forivartl before the
world, and ask and claim of all who know tut‘-.
and my transactions, what I ltave done, or leli
undone that can justify this treatmetit. Wai-
ving all other duties Bi feelings, except a duty
and respect for myself, my fatnily antl my titr-
merotts counectiorts, Ihave determined no
longer to remain in silence. I shall not at this
Ba,t,_,,,._ The wimesg usurped the premffi. -tithe say any thing in vindication ofmy char-
actor ;- but when I do, if I should expose any
with tvlrorn ihave been called to place confi-
denceiii by tny opponents, and where that
confidence has been abused, it will be fortbetrt
to clear it tip, and not me.‘ I shall ask the
public through the American Sentinel, priiretl
at Mirldletowu, to specify anti substantiate («fll_V
conduct of mine that they can, that is incom-
paticle with the character of a merchant, a
man ofstrict integrity, anti in short an honest
man. I will here say, that if any who reads
this knows of any such‘ transaction of mine,
lay it by for my most tleceitful errctny, for it
tv.ll be called for to be placed in his possessitrrr
for bitu to use in vindication nfhis course.——
This is a new btisittcss to the, but as I have
tiow no otner,Is|tall do it when Ibavc no
one to iirterrttpt or counsel the. I shall seal
my writings at this, my oflice, and no oire else
willsee them utitil they are intlte hands of
the editor. [shall endeavour, iu trry state-
ments and proofs, to lay my foiriidatiou in
trutlt as firtu as the building in wlticlr I am
located, and like the walls that surround tire,
wholly consult strength, regardless of treaty.
_ DANIEL IrIrrisD.u.E.
P. S. In order to itifot'iu the cttriotts and
inquisitive, and save tltt: printers here from
Slttrttcgh Iflrowever,tlreseiudtvtduals edeci-’Qourt overlooked uiany srtnflar offences pre— pure cougvassfou to the Connecticut toe:-L
ed their overdratvings in concert with each Vloustothis; they werecertainiy not so gross
chants, and to save thetn a thousand idle an-
swers about me, I will write you next mast as
lacouicas possible, how I am, "my room, and
how I bear my confinement, and all these
particulars, reserving to myself disclosing an
opinion as to when I am like to gel dirt.
Yot_tr’s, D. H.
l\I‘oirnrw,0cvr. '28, 1826.—JlIcssrs. Editors
In my comnttmiclatiott ofthe 2'._lst, I informed
yoti that Iivould, in order to satiate public cu-
riosity as soon, and as complete as possible, $3
have my situation known. and done Willi, give
a description ofmy establishment, and all a-
bottt it; and Itrust while Ithus inform my‘
friends, I satisfytbe curious, anti gratify my
etretnics ; and ifI perform these three lauda-
ble acts at once, I trust I shall for this at lens?
escape censure. Iam in a°room in the thin‘:
story, the north side ;tbe building is stone,firo
proof; it has ailoor, a clrlnrney, a fire place,
and two windoivs, each tltree feet square, and
twelve panes of glass. beside the easements,
wlrtch sltow the skill ofthe architect, uniting
strength by good mechanical proportion and
regularity; the walls are plaislered, in tine
order anti condition, as well as overlrearl ;but.
no cotnptisition mouldings or “stucco work
upon them or alabaster ornaments upon the
mantle shelf; the floor is the best of oak,ant’t
handsomely squared off; the room is pronoun-
been newly overhaul:-.tl, and is stattncb and
strong. In measuring for my carpets and ad-
justing my wardrobe and furniture, I find it to
be eighteen feet square and ten feet high, and
in fact much better proportioned for an ele-
gant sitting room or office, than I ever owned _
or occtinied before ; in short, I am somewhat
at a loss, how the U. States are willitig to let
me have so good a rootn at so cheap a rate,’
wbenl owe them so ttruclr tnoirey. I am here
“ Lord of tire”-—plank. No petty State
prisoner can enter my door, and I hope aiitl
trust the United States will not intrude any of
their trrvn,upott me. As to the matter of fact
bow Ibeai the confiiieint-til. is a question some
or all oftlte thirtl class I am infortriitig would
like to know, and how tbejailer uses lr'mi.---
Well.’ (as says the Phil;tdelp|tian)—I guess,
(as says the Yanket=)——I’ll try to get on a few
sights, (as says the N. Carnlinian)i—I will try-
be paid. r to make the best of it. The punisbtrieut for
‘owing a debt which I cannot pay, or the con-
finement in jail illegally, [will bear; but as
to punishing myself, I shall take rto partin it
at all.
If it costs me money to stipport myselfand
family while Iaui in this place, I catinot help
it; supported they shall be! And if the
tongue of slander, on this sitlzject, will cleave
tothe roof of the mouth tmtil it can show’
from my infancy to this epoch ofmy life, that‘
I have ever spent a ten dollar bill in articles
of unusual luxury, or in character ofa spend-
tbrift,I will ask no further favour on that
point.————---As regards my landlord orj'-tiler,
I find ltim a man who perfectly understands
his duty, anti as well also, the rights ofthe
prisoner. The viirdictive have nought to
fear but that I shall be kept according to the
laws ofthe United States, (and for aught I
ltnotv, agreeable to the regulations ofthe
Board of Agents ofthe Eagle Banlt)--sufiico
it to say, that lam satisfied, and I have no b't!v
lief that we shall either ofus lay a finger oti
the litre that separates us. V
If any ofmy friends, or mercantile or other
attqnaitttatrce wish‘ to see me, with friendly
views, while residing here, on applicatiorra:
the bar, and sending their address, Iivill see
tbein with pleasure, and endeavour that they
retuaiti the precise time that they choose to
name ; and it may possibly be they may, for‘
a moment, while here, forget they are injail.
So also can I be seen on bttsiness of my own,
or by persons on btisinc-ss of theirs with me ;'
bulsltould any of the ititpiisitive, and busy-
bodies—a ny whose rankling malice distrescsis
him for sortie one to vent it upon, be passing
through, let him not -inlrude trprm my door——-
there is no room for sot-.lr venom here,--he
bad best make his itiqtriries ‘ofthe bar-robin
lottnger, how he bears his confinemeztl ‘2- Adid-
braudy and water and light his cigar,airtltake.-
two or three spare ones for the llCOOIl]lll0(i:}.-
trtru of his fellow passengers, that all may re-
ceive equal benefit by this labor-saving meth-
od; talk leariiedly about banks, 'brolters,-
Life and Fire, theatres, circusses and other
houses, and drive on. .
Thereis the county grand jurors’ mum in
but I have not yet heard oftheir being . ‘Util-
tttoned together, or even so mtrcb as tlrr»..-at-
etietl it, by itrv worst enemy, for any trar's.ri:-
tion prior to this titne ;and while ht.-rc allure",
[shall endeavor as closely to avoid any corr--
spiracy as I would “ all false doctrine, tiere-
<y anti schisnt.” But as unexpected events
do trike piace,antl as your cases in York
seem coming to an end, and as the gaping '
trittltitutle may, like the tlrunltard after his
debauclral night, banker for a glass t)fI)l'l.t.‘lS
in the morning, I here pledge mg/.9e/f, that if
any event of this kind shall cotumence, that
[will furnislt art express at my own expensq
and dispatch hittt forthwith to the severe}
printers in this city, (New Haven} with every
"particle ofnews as fast as it takes place, (to
save any further inquiry about me of my latizl.
lord,) and you may safely rely on their vig-
il.=tuce,that they will start their respective
Devils in an instant, anti that not a uioint-ti’.
nor a trial) ofibein will be lost.
DANIEL I-ltt~:so.tt.r«'..
Ilrave not my dictionary, as my books.
have not arrived, (but hourly expect tl_ietn.}-
1 A sight is, in N. Carolina, that a travellcttx
ontlte pine I)-Il'l'€IIS looks ahead upon the-
road, which is very straight and level as far‘
as he can see and I‘I1l.'IllS iuark, and when up.
tvith that, their look: again, and so on. A
traveller when askirtg rlistatice is often told:
that it is two sights,four sights, &'a so oti.
I’t.-umtotr, (N. C.) Oct. 17.
Gcnnitte Bcnr:voIt':nce—A tltrtlty Farmer
in this county, who ruattages to raise pretty-
good crops, come seasons as they may, and-
wlto has, therefore, in this generally failing
season, corn to spare, was lately applied to by
two ofhis neiglibors, who, though in good cir-
cuur.starrccs.liad not proved thettt.-selves e-qually
successful Farmers with himself, to ptirclt-use-.
corti, their otvii stock being nearly E’-.‘£Iltltl.\I0(I._,_
But though these nt-iglrbours had tnotrey to-
have paid for what they wisltetl to purcltase.
the worthy inatr told them he could not let
is pleading your own coming to this house to inquire after the to them llaveih “I135 lflletlstllll ‘tell I13”-*3 .
',lnl1Q.80f'&IaW_]5e1',‘ the‘ inform their friends; and ‘especially out of [corn to dispose of; but you are able to prey
ced by good jutlgcs as perfectly sweet; it has .
(does he begin to beg yr-I fl Let hint take iii?
the hotise itt frontofme,artd on the next flour, H
.- g,
R’
.._., .-..A.,_.;,‘_
14
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Norwalk Chronicler