New-York daily tribune., 1849-02-20

d
much costs they had made up to the time TIE
charge was made against them. and how these az
grsgates agreed with the aggregates i;r sinila a.
periods under toe various Agents y ho rad pre-
oeied them. They had al the data in their
hands and could have made cut such statement
with little trouble and no expense. Tit appeared
thereupou that the alleged increase oi suits and
costs was uHioun6ed, that would have siienced
their accuser and We shoald have very heartily
recorded Judgment against him. Had il appeared
that the increase was indeed large, though not 50
lsrge as he bad estimated it. and bad good reason
for such increase been sdd1ced the public would
not have failed 70 render the proper Judgment
whether we did or not. But while the islsehood
OF Old Geuesees statements and estimates wss
loudly proclaimed. the truth which was Is proper
and effective rsfutation, was not given therefore
our reserve. And even now while the Award
states with nice particularly the number OF suits
and amount OF costs partly alleged aud partly es,i-
mated by Oh Genesee. and states that these
were grossly exaggerated It fails 90 state how
many suits actually rerc commenced aud how
much cost actually ras made by Messrs. Rsdfeld
x PriDgle during the four or five years Do cues
ton-an omission which we regret the more that
the books OF the plaintiffs. though refused 10 be
exhibited on the investigation. were there ten
dcred .or the subsequent inspection OF the srbiter
should he see ht 20 desire H. and ms statement
thst no process for evidence was refused or disc
beyed and no testimony whatever was re iected
S calculated IT unopposed to mislesd on this
point. The books Of that Batavia Land Office
T 81.
the defence, and these, though repeatedly and
formally applied for, were not produced. aud the
material facts above stated are no, embodied 10
the Award nor In any manner before the public.
Il IS proper % add that We were informed az the
time that the arbiter did not consider rs entitled
g. the use Of those books nor any evidence which
We could Obtain from them only.
There IS one other point IN the Award in
which our position seems inaccurately stated
The writer Of Old Genesee willingly proaered
his name TO be given up TO Messrs Redield and
Pringle and we would cheertully have gusran-
teed his pecuniary responsibility had that been
required. but that was not really questioned The
ground OF which the prolered surrender was de
feated was just this and no other The counsel
for Messrs Redield aud PringIe insisted that they
would not accept and prosecute the author releas
ing US unless their clients should see tit to hold
him sufficiently respectable as well as responsible
to answer TO a libel-suit at their hands, end they
illustrated their demand by naming four or five OF
the most eminent citizens Of Batavia as examples
of the class o. which the author.respondent must
belong otherwise they should bring their action
against Us. Now however hattering it might
seem q US personally 10 be thus elevated at one
hoist to the very top-notch OF Batavian respectabi
ity it did seem clear that this was an extraordinary
and unreasonable demand-that It was intcrposed
tos hut out our profered surrender OF the author,
name to thrust us into the place OF the offender
and compel us to go into Court to prove true
among others, charges which We had virtually and
repeatedly declared unsustaned and reluted So
we let matters take their course seeing no prac-
tcable alternative.
1t only remains b. us to return our thanks %
the referee for bis unrcquited sacrifice of time in
connection with this matter and his earnest and
anxious desire to render impartial justice 20 all
concerned. That he should see the case in all re
spects as we do was not TO be expected and we
have spoken rs above only in yindcation OF our
motives aud our course points with regard to
which we think he has nsapprehended the latter.
To our most able and judicious counsel, Messrs
JoHN L. TALcoTr and SETH C. HAwLEY, we also
acknowledge our deep obligations. Taking hold
OF an up hill without any opportunity TO con-
slider or prepare It, entering upon the defence at
the commencement OF the trial without one wit
ness having been summoned or the east prepar
alton having been made, Through neglect or mis-
understanding in which they had no part,) they
conducted our case with Judgment zeal and al
dress which we shall long remember with admira-
tion and gratitude. We here take leave Of the
subject.