The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-04-07
Mr.. swartwout ana Mr.. B,r,sau.

NEW YORK, tuesday. April ., 1853.
STg-ln your journal of this morning find the follow
ing obituary notice
Benjamin Birdsa Esq., died at his residence in Madi.
SON n j., the SOth ut at the advanced age of IS
years. He for long time prominent politician
He Of the securities of Mr. Swartwout Colec
tor of the Customs and in consequence OF the unfortu
nate dedication growing of that affair was very
heavily implicated, and his pecuniary prospects i'm
paired
cannot but regret that it should become necessary for
10 notice and contradict the statement contained
the above article far regards Mr. Brdsas
ton With At the time left Office in 1888 Mr.. Bird
,a was indebted to me upwards Of thirteen thousand
(Sl3,C00 dollars borrowed money! of which sum not
dollar was ever refunded to Mr. Rrdsan wa. there
fore gamer and not loser by his connection with
And now, in connection with this subject Of nv defal-
cation and Indebtedness to the government permit
TO request the insertion Of the certificate
of the Clerk Of the Circuit Court Of the United States
this district will barely add that there ia not at this
cay any suit or udgmen against me or any one of my
sufeties, IN this OF any other court IN the Union
sAMI4 swAETwouT
MR. SAMUEL swARTwoUTs CASE WITH THE COY.
EMINENT.
Certificate of the CLERK Of the Circuit Court Of the Uni
ted States the Southern District OF New York Novem
Der, ls52 John W Nelson Clerk Of the Circuit Court
Of the United states for the Southern District Of New
York do hereby certify, that the suit Of the United
states against James + FeKay, Francis r. Tllou and
Charles p Cncu executors of Henry EckfoTd deceased
one of the sureties Of Samuel warwou his official
bond commenced in he month Of June, in the
year 1882 fer the alleged dedication, during the
cond term Of the official service Of said swart-
won't Collector; that is, from the Goth March,
1880 to the 2sth March. 1894 the amount Of
said official bond being $50 900, AMI the amount
Of said alleged defacaton si35 O52 81. That the is
joined in said suit tried in the month Of
May, 1885, and that the goth day of said month the
Jury empanneled in the rendered verdict for the
defendants and certified . balance in their favor Of
$40 545 So That after the rendition of said verdict
motion for trial made the part of the United
States which motion argued at the special term Of
1o4I that at October term in the year lSis the Court
ordered that the said motion be, and the was
thereby denied and that judgment thereupon en-
tered for the defendants in the amount certified by the
verdict Of May, 1S45. And do further certify that
upon examination of the records and files OF said court
suit appears pending against said Swartwout
mis- sireties, a such, at this date
a. j In witness whereof, | have hereunto set my
hanS md affixed the seal Of said court this tuentyse
venth day of April, eighteen hundred and fifty two.
(Sgned JOHN W. NELSON Clerk
And do further certify that suit commenced on
the 21st Of August 1871 against Joshua Phillips Assist
ant Cashier of the New York Custom House for the
of 5000 600 money had and received to the Of the
United States. (Signed.l JOHN W. NELSON, Clerk.