Wheeling times and advertiser. [volume] (Wheeling, Va. [W. Va.]) 1839-1849, 1840-12-03
From the Nsp rprk Csg,icr aal Eag4irer
MARINE COIiRr
iBclnrs Jn.lre S,crn.nN

(Bcors JUICE Sicun,n)
An ISrFREsnNG OFFIEF-!IoLDES SERVED RiGur'
Henry MCannen, vs. Gear O,t,nIn. Ann,Ii'n
OF assumpsI over OF the dclcndan' IA keeper
ct ramm'ny HILL $780, Deposited in his har,lS as
siakeh'der ny the plaintiff, against sam deposited
by tdNird %. Min'um. ,cer laid GA the
SUI O thu Z cent election in this State.
W tarss was called 10 the sa',t. WHO proved THAT
Tue bet was m N N money ql's'iDn depos-
ted. Plaintiffs counsel hivisg ~ add-n Ihis les
rnony cited the satut" prob hitting he ting election,
and relying thereon e'r rli I. rested RS case
N. u. BiunI. ESl. talncI the witness o. ne s;anl
Tor the purpose 81 cross aud proceeded
pen ior the defence
Under the plea OF the general issue he claimed 10
prove That the plaintiff was "whipper m" Tor The
Lc"ioco party and snch he had been appointed To
place IN the Custom lluse- To an ..fice gene rally
KNOWN rs tide waicr." Having subscribed 10 ihC
olihs, to suppou ihs constitution and laws or tie l.
niied Stnies-ihe plaiu;,H WIN Is n rulin Thakcr. of
62O Pearl street IN the 9Th Ward in which he was
ah actlNe pol'iici1n--was further enjOnCd. strict
compliance with the docrine incu,ae, ia the ii,a-
snral ssIsc of General Jackson inscribed hy pub
lac sentiment. the list Of Executive dutI,s IN char.
aciers ton legible To bc overked 10 wi: the TASK of
reform, will require plriicnarly the correct OF
those abuses that have brought the patronage OF the
Federal Government into conl, with Tire irccdua of
elections. duty further enforced hy President Van
Buren, in his pledge &c fO.y ia t footsteps o. has
Hasirious predecessor
MI. b. al,o offered prove that p.a.nT had sine,
his appointment oliirp. VARIOUS occasions nat, r
iered with the freedom of clecIIns and amsi,r other
Vie" Ions of his duty he had made ain BET on the
result of election. AM that having deposited
the money. and having at the sumo limo pledged
his honor not to io- the iuu og his Esng
h. n'N came into & ''Ir with ulcct h uIts. and IA
viol tiOn si such pledge GIT bv IN present it, To
r-co, or back The none, thus s'akrd
The bet WIS made ON the evcnin. Of The g. of No.
vcnhcr. tw' days aitr the al sciion had closed f,r
:lOJ. that William c. Bouck was h' tle Governor
n elect of tao SAFE"
The plinrifT gave his check, and NJ AIin:urn nut
mp 500 in ready cash On the o'lnwi y m,rn,A,
Inc pla niitf told beo:e ha ma LETT has bed a.
B"uck. was elected, when he eSc!a med, by God,
hen I've Won Sl0O." Shortly after leaving has bed
he real the Carrier Il enquirer from which nc dis.
covered thai MIR Bpuck exactly The Governor
elect. and hcn he addressed niie TO the Cashier If
Inc Bank directing hlm cash his cheek He
~cni SIrecily To rammany Hall and there. ie his cha
gin. Ennd IhJi Mr. OlimIn had drawn the check and
had already The money ia his possession lie not on.
ystirc"ted Mr.. o. no 10 pay the stab but oil r,
him $40 Il ho would paw buk To him ,lainli y his
i SlOO. This Mr.. o. refused do, wiCTsu,s,u the
i present suit commenced.
Mr.. Blunt Ihcn p-ocrcdcd to crn,s examine IN, Wit
r from whom he eci,cd lcs cUrrpbaIive of his
. up .ning marks.
. Counsel Tor the pIint;T objected To The ad mission
"i these ficis IN cN Idence. alleging Ih, they were IT..
revelanI to The .tIer and relying wholly upon the
u stature for a vcriic under has declarainr.
q 'i'. biHit ftuetucflr N4iilJut ealing other
= witnesses. Ia sum up ti,c case
u The salute prohiotins bstIlne u?,n elc~liols lac
coniendci. was IntculeJ To p'svenIsurh betting nav.
iug M M ienoe the 'eciio nnl "a the ber ian
question had bcen made ajirr The clecIin nd IayJ
~ liencc ihereuI aud there ore the sDirit of thu
# statute had not been violated.
Dir. Ii. nlsp commended that an nriion Of assuni-s
could only be hascd com non law whereas The
piainil IA this c'nI,l.ed 10 rely wholly uI-
% ie statute. and tn 90 which al action of dbt co,
: only be made 10 lee.
= 60 mel cited support of his position. 3 Wen
dell IL l. where parallel case = fully hand djwt, a'l
wics ~ is stated, that debt and not ass.In, hs
p.oier i"rm at ariIn Techvcr rm a srakr-iuid. r
whcIacion Is valid Ivy statute, bat not 10y GU. IN n
law.
; The CONT remarked that on reference 10 the MAN
lii decilrniin. rIcre appeared an uhv Aus defect, ~
n none -! ihe counts Il made 10 appear thai ia.
money Soagh To he recovered was Tor a bel or ANY
n other designated purpose
a Counsel for the pliinnlTlskr! ave To amen his
u 'iee!arh h'n. by the mscrinn of word To Ih!.
the opposite counsel objected. aI i!c CJlr orlrrcd a
nul.suiI.