Alexandria gazette & advertiser. [volume] (Alexandria [D.C.]) 1822-1824, 1823-05-22

apy rste the Interests and costs.
9Th. That this suit was not commenced
until NOR. than three years alter The de-
PENDANTS removal from office, and cannot,
under the law, be sustained in The Dams
of the Postmaster GeReral as such. because
by lha, law the balance due from the de-
tendant must have been charged to the
accoun, OF the Poslmasle: General with
the government.
9Th. That the suit, after so great lapse
of time, cannot be sustained against the
surety and the surety being joined
with the principal, by the election OF The
plaintiff, defence etfectual tor The surety
must avail aud be efeciual against the
whole bond, and entlie 10 general
Judgment for the defendant.
On the second bond, the plaintiif was
nousuited on his own motion, being una
BILE 70 prove any deficit subsequent 10 The
date of the bond.
Ia the third suit it was proved by Col.
KetCham, late Sheriff OF Duchess County,
on the part OF the defendant, .hat in lSlo,
in consequence OF a petition got up 10
Poughkeepsie, to remove M'keen and ap-
point Z Il. Mason, witness went on 10
Washington with petition to be appolnt-
ep Postmaster. That he saw the Post
master General, and arranged with HIM
that M'keen should be retained IN office
for the benefit OF witness, he to perform all
the duties aud 10 recena all the emolu-
ments. Tha, in consequence OF tins ar
rangement he took the Office and perform"
ed the duties signed the lccouns aud
did receive the emoum-bts M'keen 10
no way interfering with him. :hat NJ
Keen never liter that time received any
monies or signed any accounts, Ina III
February, 1919, he was appointed She
rItf OF Duchess County, and NJ kesn was
removed in April, 1919 hat neither
~ Keen nor himself knew OF any default
IN the accounts OF The office until 1891,
and that from 1919 till 1921 " ,tGeSs was
able to have paid any deficit, II 1t bad
been known TO him, but was now unable
TO DO so. The suits were commenced III
May 1899.
The jury found verdict for The plain
tiff, SUBJECT TO the opinion OF the court,
on the following points, raised by the de-
PENDANTS council:
lst That no proof OF any indebtedness
on the part OF the deienlaDt, as Postmas-
ter, can tie admitted, because he is decla-
red against as an individual, and Ho' as
postmaster and that any proof that ne
was postmaster cannot avail, as 1t IS pro
wing matter not charged IN The declara'
ton.
%. The accounts offered are not duly
authenticated under the statute, because
they are not accounts current as the sta
tute requires and one OF them is certified
by the assistant postmaster general, tho
the law does not recognize bis official acts,
except in case OF death, removal, or resIg.
nation OF the postmaster general: and be-
cause there was no proof that The person
signing the account was senior assistant,
or that the postmaster general was under
any of The disabilities named IN the sta
tute.
Sd. Defendant never bad or received a
ny money to the use OF the postm aster ge-
neral, and never accounted with hun Tor
any such money Ketcham proving the
contrary explicitly.
4th. That in this action for money had
and received, the equity OF the W hole case
is with the defendant, and entities him TO
a verdict.
7,h. Because the defendant was in fact
in this cause surety for ketcbam only,
who performed all the duties OF the office
with the appreciation, consent, and know
ledge OF the postmaster general, ana -
entitled to all the benz. fit o; the laChes OF
The Plaintiff in not giving him notice of
the Geialcaton, and SUNG ketcham du.
ring his solvenCy.
Aud also the Sd, 4th, and btu points in
the first cause.
X Tilloison, U. S. Dist. Attorney, for
plaintiff J. 1allmadge, and w. Van
Wyck. Tor The defendant,
From The Baltimore Fed. Gazette, May l9.
THE NEWS BY The HUNTER.
The way in which the intelligence from
France by The ship Huntey has been re-
ported, requires remark or two, and as
much explanation as we are able t. afford
on the SUBJECT.
A gentleman, whose veracity is not 10
be questioned, who came passenger in the
steam boat on Friday morning, commune
Gated that The Hunter had been spoken
with off Newt Castle, that she reported
herself in 80 Gays from Bordeaux, having
sailed on the 10Th and that the French
had entered Spain. However, as the PHI
iadelphia papers ct Friday were silent on
the subject Of the Hunters arrival. it was
n ra.