The North-Carolina standard., 1849-01-03
TO THE PUBLIC.

TO THE BOb ObLICs, ....-.-
II, Holden: Dear SIR Owing to the position
1"ra occupied, and the course have thought pro-
=" - nnrsue Justice to that body, of which was
5ossn member, and more particularly to that por-
Wv; of the House which, In consequence of my res
;gnation lost the balance OF power and Were thus
80 m an unequal footing with their opponents as
aT as REGARD for myself, require that should offer
oae apology for leaving that position at the very
If all others the most important, viz the organ
a,ion of the House, and the election of public of
s"rs In the course taken, trust have been ac-
mated by motives of digni6ed regard for that body,
y wbom have several times had the honor to be a
~her and whose character have always deter
sd shall never suffer from any act of mine as one
~ ts constituent parts. As to the allegation cf
Shrinking from just responsibility, am satisfied it
will not be laid my charge, either In Raleigh or at
home: for where duty appears to lead have ever
5sayored to follow, perhaps too regardless of con-
ssouences But to the point. There are, IN my ,es-
dma,on two considerations more important to man
bn duty to his country aud his constituents, viz
Jtr IN his God and Just regard for and defence of
HE oUn rsp,ttuion without which, he could fill no
Dbic station with credit to himself usefulness to
ihose he had undertaken to represent. Indeed the
character all assemblies depends upon the lndIvIdu-
ansDectabity of its members, as 1t IS not the sta
finn that rires character the man, but man to the
Dosion he occupies. He should not only therefore
! be pure, but beyond suspicion. .-.r- --.s-
|, was nv misfortune, after had left home for
Raleigh most Unexpectedly to myself, In the Coun-
" Of Mcdowell, to become, for time at least, las
deendant) the victim of OF the foueSt and bas-
est e9nSpiracies, between the plaintiff and two or
three of his witnesses-in the way of combination
the most foul bribery the most base, and perjury the
most corruptI have ever known in character claim
ing the standing with the plaintiff Implicated, who
has been managing this suit for the last two years.
This however is my opinion, and think by an ex-
Il Ill al oIldN-
eed minds must come to the same conclusion. In
consequence of which testimony dlshonorable I'M
pg.aton was cast upon me, under which circumstan-
CesI determined to resign which, II the tesil-
MONEY were true, / could not fill with honor to my
self. justice to my constituents, or regard Tor that
5Gy OF which was member. --- .sE.-s --s. -
The case was Jno Hoke's Exr's. rs. Sam'f Fem-
ing, on an action of AssumPset for goods, yarn and
cl0h sold and delivered. We prove Judgment, and
show plaintiffs receipt, dated 1910, in full for the
purchase agreeable to contract, alledged In plain
tits declaration. Part of which payment was by
Oier Of the plaintiff. admitted by endorsing notes
the plaintiff and placing them in the hands OF two
cnsabes in Yancy County, and taking their receipts
for the plaintiff, one of which constables, A. T..
Chandler the officer of the plaintiff, and at the
tine doing his business in that County. Said Chand-
rwas, twelve months after, sued by the PLAIN
TIT or his own debts, confessed judgment without
tal, In Burke County, and was sold out TO the last
h. The other officer of my own selection. AS
the papers put into the hands of the officer select
ed BY me, he paid plaintiff one hundred dollars In
cash. and the balance of the papers were taken out
OF MS hands by writ of sequestration, Spring Term,
lAl. believe Judge Battle presiding, went into
Plaintiffs hands, part of which he collected himself
ID person, and the remainder through officers, and
1as at this time two suits pending against Jackson
SSeEart, constable of Yancy, for several hundred
aars OF these Identical papers, taken up by himself
d put in said Stewards hands. Said Chandler, at
e being sold out by Hoke, began to appropriate the
PPeS to his own use; and for twelve months Hoke
dnu Ohandler were each collecting the debts ano
suaObing who should renew by note and receipts
% Me greatest amount each proposing to the debt
US 10 Indulge and take good horses or other trade,
Tey would settle with In preference to the other
laS was also proven. Afterwards plaintiff sues both
oaeeI strange as it may appear, for the full amour
v ooh receipts, and obtains Judgment against Chand
m El In BURKE fall term, Is43. Failing to collect, as
|sy were then broke up, he sues me In two actions
% of an assumpsit and the other for receipt; ailedg
Ns' In the first case, that there never had. been
E!hent, and made out the original account and II
% second case, that the receipts were fraudulent, 10
%%IoGgh many of the papers they had received, tina
s! ss! had not all passed. We met successfully thl
a branch, by showing in account that the plaIntlf
"s u US $4S. The plaintiff then was compelled
sIei non-suit, unless his Honor would permit hin
Ulng his other action to sustain this, and alledge'
ui'hougn we had MS receipt In IuIlI IoE 1lp
unt OF the purchase, that his receipt was obtaine
sdgh fraud, the papers had never passed to tn
guces This was position that we did not exPec
Es i" meet, as there separate action pendlni
h.. mat very receipt. We were then unprePared, an
l not our evidence, at least, our conclusive evl
ce' 10 meet that case in Court. We stand read
H. Ieet at all times, when we can have notice c
ips;5 iaa "A hours. His Honor ruled against US, an
VIII ittuea they had right TO unite the action
a oOt entering it in their pleadngs or notifying US
6a! then release both the officers in Court fror
Ss4 Judgments on and make evidence of them. fh
eeroG 9cer examined, Hunnycut, swears that he re
6sv 6u The papers, compared them with the list, an
cO5esponded, that he paid over the plaintiff th
en feo s dollars noted above, and had the papers nc
roul, aiken out of his hands by seqnestration,
lie M nave paid up his receipt long since, and the
nbpaPefs went to plaintiffs use. They then ca
Ward wfl own officer, Chandler, who, either from re
Suit s VI promise of release, has been managing thi
CENT VI some time, who swears that in the first re
nc received about half the amount six or seve
bone collars, and in the last receipt he receive
not an. The last receipt was $3.50. We the
the original list there were compelled
persOrs him by showing his statements TO yariou
Zen vii 70 the contrary, and proved by at least dc
not SeIises, indeed all examined, that they wodt
aSe Ye o him on oath. We now come to the poir
State tho Ease Sc which shows that / was compelled t
aasIi,Ppf progress of the case, In order to show ii
my OF their NEXT xxifnoee hrha fret off ce