Thomas's Massachusetts spy, or, Worcester gazette. [volume] (Worcester, Mass.) 1811-1821, 1821-03-14
Nessrs. Manning & Tsumbulr-

Nessrs. Manning & Trumbull--
Having been arraigned at the bar of the
/publick upon indirect charges, calculated and
intended, under the general excitement on the
subject of fees Of office, to destroy publick
confidence in my honesty, and to give It
bearing upon the election of Register of Deeds,
you will permit me, briefly as possible, on the
same stand, to make my defence.-This is due
to myself and family-it is due to my friends,
who have hitherto put confidence in me-and
it is due to the community, whose benevo-
lence has been shamefully and foolshly requit-
ed, if | have knowingly and Intentionally VI
olated their trust.
AS have seen no speciick charge, cam
not reply as to any particular case but
will admit the probability, although know not
the fact, that have in some cases received
more for the recording an instrument, than the
law would strictly allow--for know that
have often taken less. Cannot this be &C.
counted for without the intention of fraud p
Every man the least conversant with the Office
must know that in the hurry of business, this
may happen without intention Of doing wrong.
To be always accurate, it is obvious that there
must be great delay TO those who bring in
struments for record, or that an extra Clerk
must be employed to determine precisely the
fee. All that can reasonably be required, is,
that the Principal, or his Clerk, for whose do
ings he is responsible, should exercise sound
and honest judgment. How obtained and
have exercised this Judgment, it may be prop
er for me to explain.
Knowing my ignorance of the complicated
business of my new employment, the late Reg
lister, my venerable and highly valued friend,
whose unfinished business detained him in the
Office some time after / succeeded him, gene-
rously offered his instruction and assistance
Whenever he was present, handed him the
instrument offered me for record, and received
his instruction in charging the fee. When he
was not present, invariably handed il to Mr..
Ward, who, for some years, had been Clerk
in the Office, both correct and conscientious in
bis duty. When alone, compared it with
Others, which had been received, and noted
the fee according to my best understanding
and judgment. While with Col. Clap, Mr..
Ward wrote by the deed, and received his pay
| according to its length, which was indicated
by the amount of the fee received. This
might be an inducement to dishonest Clerk
10 rate them higher than would be just. But
in my employment, however dishonest, he
could have no such temptation. | have paid
him liberal allowance by the day, that he
! might attend to the various concerns of the
office. His seat is the most accessible to those
who have business to transact. The instru-
ments are generally and most naturally hand
ed to him, and he enters them. II will be
found most invariably that the fee is entered
| on the instrument. This, however, is not al
ways the exact price for recording, as charge
for search in the case, or the extra trouble of
| recording it out of season, or being called UP
| IN the night, is sometimes included. In the
| fee which receive, is included, moreover, the
duty of II cents, which pay to the County
| Treasurer. Were disposed to be dishonest.
one would think that ! might have sense e.
nough to withhold this evidence ON the deed,
which would be so ready means of cenvict-
! ing me.
| In making charges for incidental business,
am not conscious of ever exceeding the fees
established by the previous rules and customs
Of the office, although, as it is minated, pou-
| erty ecos extending lis temptation. So far as
| my predecessor was correct, (and in his thirty
| years of service, | never heard that il was
doubted | have endeavoured to initiate his
example-and had the proud satisfaction to
believe, that my endeavours had been success
full, until it was otherwise insinuated, in some-
what of an uncourteous manner, by your "cor-
respondent and :" SUBSCRIBER
The above detail, trust, will be sufficient
to satisfy every candid and honorable man,
that have not, knowingly and Intentionally,
deviated from my duty. With my accuser,
cannot hope to be thus fortunate. From the
manner of his attacky it is impossible to as
cribe it to any other than personal views. A
providential misfortune is made the subject of
derision. From this course, fear no injury.
How far it is disqualification, those who
have had business at the Office can Judge. tn
view of his object, he may yet regret that, in
addition to my deafness, his invectives have
not struck me dumb. His anxiety lest sspoor
man" may not be able to respond for his NAL
conduct will be relieved by applying at the
Clerks Office, where he will learn, what he
knew before, that he has competent bondsmen.
itwould be extraordinary if insinuations of a
nature to cause popular excitement, industri-
ously propagated, should not have produced
sudden impression--but as the jury by whom
am to be tried, have not all declared ap opin
ion, have confidence, that on further delsb-
GRAFTON, after patient hearing Of the defence,
and knotcing the merits of the case, shall re-
ceive verdict of acquitfal, or have the benefit
of reviesc.--I submit the cause.
o. TIsKE.
Worcester, March IL, 1891.