The North-Carolina standard., 1849-01-03
NoKTH MoKNINe 1ANtARY s.


having, testified that he gave the receipt off
Ger, and acted honestly in doing,f defeated that
branch, and the council his receipt Their
own officer, not only by denying that he received the
papers, virtually that he committed morals perjury,
whenhe gave the receip tunderoath as svorn Off
Ger, bat proven unworthy of aeredit--he must be
sustained at every hazard In the material point
that he did not receivethe' papers.
A certain VIM. b. WestaH was then called in,
who was never heard of until then in Court not
withstanding the case had been pending six years.
the defendant always ready, and theacases off
for the last four terms successfully by PLAINTIFF and
never until this ourt found 5out this important wit
ness, upon whom his whole suit depended. And
said Westan, as will appear from the appended GER
ticates of of the officers, and the agent of the
security of the other that when called on by them
In them suits never knew any thing about the case
at all sbut after reeesUing the H value of has carease,
if were even abaeker than it is-fm soul it were
becomes cagrisaht nfsall the
facts-was present looking over the ofcer's shoud-
er, saw the last receipt pass and no papers given,
and confirms all the material points of the officers
testimony with much accuracy if they had been
drilleditogeher the night before. We weret hen IN
prepared mpeach him, all the testimony (save one
more of plaintiffs witnesses that will notice here
after) having been closed must think that stage
of the case new witness and on new points-a
conversation between Chandler and Westall, in my
absence made evidence-improperly admitted, His
Honor held differently, nemarking that they had a.
right retain their artillery for closing FIRE, and
that the plaintiff had right to close. Now, Ishall
endeavor to show that that artillery was charged
with American ammunition, but that it was charged
with the corruptng dregs of the proceeds OF certain
Cotton Fac tory, and of kindred spirit with that
which has corrupted evidence in European Despo-
tisms, but which hoped bad been one of those
oc grow tbs that no base heart or wicked hands would
be found impous enough to endeavor to transplant in
American soil. Now for Mr.. Westall & Co., Col
Chldss: /, Z. II. Hunnycutt, was one of Col. Chiids
witnesses at Marion, and met with w. b. Westall
and in ion hnntf ia m
our evidence said Westall told. me that he knew
nothing of the case, except forty dollar debt given
to collectb by Flemming said to be onhim, " estal
This 3rd December, lS4S. ---.t. u - -L.-.s
- (Signed) :. E. H. HUNNYCUTT. .
was acting as agent of James Greenee one of
Chandler's securities in Hoke's suit against Chan
dler in 1912 OF '43 and called several times VIM.
B. Westal to know;if he knew anything of the mat
ter he always told me he did not: Fs.- u -.i
Dec IL, l948. D. e. t.r .1 t' .-.s}t..-.l .
- The above statement have shown to Col. McEL
ray. He authorizes say that If called on he will
swear it, but don't wish to be voluntary witness
If the plaintiff will attend would like to take the
Coils deposition upon another point, VIZ MS pay
ment of money Is minutes after the trial to VIM. b.
Westall. SAMUEL FLEMMING.
l. Joseph Shepard, certify that VIM. B. Westall
informed me at Burnsville Court, two weeks before
Marion Court that he had just become acquainted
with COL Chids, and that he was in need of money,
and that he had advanced him fifty dollars. he
''''us fSioned1 JOSEPH SHEPHERD.
/, George Young, certify that at Burnsyille Court
in Yancy, which Happened before Marion Court,
VIM. B. WestaII, rather boastng, told me that he
had been fortunate, he needed some money, and had
Just become acquainted with Col -Chllds, VINO ne
hought was much of gentleman, as he had ad-
vanced him fifty dollars just upon his WORD MIlnoGi
any obligations. thought more Of the matter until
l heard said Westan examined In Marion, when II
occurred to me what it for, as no man acquant-
cd with Westall would credit him for that amount,
hoI fhn mt
paving his debts. was also witness for Col. Chllds
rs Fleming, in Marion, and asked him for pay Tor
nv attendance. He said he had paid out all the
money he had, about three hundred dollars to his
witnesses that week. have heard OF his paying
not more than two or three besides Westall, who
(Signed9 GEORGE YOUNG,
g On Saturday the 1Ith of November. in Marion, 1t
being the day after the trial between Hokes Elk rs.
and Samuel Fleming, was witness for L. ID.
Childs and called him for part OF my attendance;
and also for pay for some Timothy Seed, as wished
to buy some thread. Said Childs told me that he
would give me order to Store that ne hdd to'
mo,e money than would pay his expenses home, for
that he had paid about three hund dollars 10
his witnesses that week. have heard OF his pay
ing very few, save Wm. b. W estali.i Went rom ON
where was talking with Col. ChIids up 10 M
store and while there said Westall came IN, called
for pair of Shoes, and pulled out roll OF paper
money half as thick my arm, In which saw ply
and SIS bills and which from the size OF the roll must
have contained upwards OF one nhhdre9 ooidte.
then pulled out handful of Silver was surprs-
ed to see him have 50 much money, as ne Is very
hard to collect debt off, and have never known him
have ten dollars in my life before he Is always l
pressed. .(Signed) ESLE1 Aoo>"'
= November 18th, 1S49. - -.a. j. - raL.l%1
The ahove statement of Mr.. Y oung is true, as
was present. am the brother-lp-iaV; oh W m: p.
Westall, (he married my sister, and on Wedneseay
after he come to Marion--lt being the DAY Deioie
Childs and Fleming's trial. asked WesfGH 70 g
home with mel live two and hall mics rom Hid
rion. told me that he could not 60 that even1ug
that he was make an arrangement with Coi:
that night; that Childs promised to assist him WIN
sa1,entv6ve or one hundred dollars on THURSDAY. !
ssted him with me again--he said they wanted &c
examine him that night, when asked him what ne
Was to proye. He said folks would know on the
trial on Friday evening. lagain asked him OUT ilt
eaid his particular business with Chlids was Ina
evening, he was then to; get his money; ion Sdtul
fday morning met him IN town. when ne askee M'
~ walk down to Mulls Store with hm-1 did SO
and on the way he pulled out handful OF goio AM
silver. and remarked that that was not aH mat d
had made raise of one hundred and htty dolaIs
ND While in Muls Store he pulled out the largerol
ofIoonev spoken of by Young, and told me ltfwa
Go He on some day afterwards told me ne WoI
= esmbiino j have known him ten years, and hay.
never known of his playing Card 40 my ne. ~ q
cav four ten dollar bills in the roll and ne saa ana
II. d. ChiIds was very clever fellow, ana @ goo,
friend of his IhaYe never known. nH shass ioi.
than ten dollars in my life att one tune. - &
an in shortened circumstances, and closety Lun -
money This occurred on the 8th,s 9ll'z Apsn' 'ai'
III Of S;one9 ,Aoye%0ef, 'sFiiosEPH sHEPHERD.
p s. This statement is painful to me 70 hak a;