Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1853-10-21
For the Journal.

For the Journal.
- MEssRs. EDIToRs: The Fall Term of the Superior
Court of Law and Equity for the county OF Dupin
was held last week in the town of Kenansyille, his
Honor John L.Baiey, presiding, with his usual dig
nifty, ability and impartiality, and whose deslcons
have given general satisfaction TO the community
On Friday, the case of Oates vs.. MeRae was tried
took notes. and it is entirely from memory that
now, one week afterwards. attempt to write out
short sketch of the trial The case was this Cur
forwarded by mail, $3.50 90 to William G. Broad
foot Cashier of one of the Banks at Fayetteville
which money, through the misconduct or careless
of John MeRae. Post Master at Fayetteville
never received by Mr.. Broadfoot, for which
misconduct or carelesness he, MIR. Oates, claimed
upon Mr. McRae for the saount thus lost. The
testimony about this: Clairborn J. Oates swore
that the 18th day of May, 1852 at the request
of the plaintiff he enclosed the said amount of $3.50
90 in letter. which being sealed and addressed to
William G. Broadfoot, Fayetteville, n. C., he de-
Iirered to the Post Master at Warsaw; the Post
Master at Warsaw swOre, that after duly mailing
said letter, it was by him deposited in the through
pouch from Warsaw 10 ayeteyille-which pouch
contained some fifty other packag es-and which he
locked himself all the intermediate Post Masters
between Warsaw and Fayetteville, their assis-
tants swore that the through pouch was not opened,
that day, at either of their respective Offices; and
Mr. Broadfoot swore that he never did receive eth
er-the money. or the letter 1t was also in evil
dence that the stage driver drove the stage
after that day was his absence accounted for,
his character established; that several persons
were in the stage when it left Warsaw for Fayette
vile that the Post Office books in Fayetteville did
not show the receipt of any letter from Warsaw to
that Office between the 10th and the Goth days of
that month and that there were two boys. OF from
10 to Is years of age in the Post Office at that time,
which were, or appeared to be, employed as agents.
This, believe, was about the testimony The coun.
sci for the plaintiff argued, that the money must
have been lost by The misconduct carelesness of
either the Post Master or his agents, the stage
driver could not distracted the letter from the
pouch on the road there being several passengers
on board, and he not provided with any key by the
department. The counsel for the defendant argued,
that the fact that the stage driver quit the service
of his employer on that day just cause fsuspi-
cion against him-especaly in this age of false
keys; and the court charged the Jury that if they
believed the witnesses, and also believed from the
testimony that the money was lost by the misconduct
careessness ofether John McRae or his assistants
that they must find infavor of the plaintiff. The
Jury, after hearing the testimony the arguments of
the counsel and the charge of the court, retired
every man, but myself, having made up his mind
before we left the Jury box in favor of the plaintiff
For my part, | had not made up my mnd-my
" scales of justice" il | have any, completely
balanced-24 grains in end and penny weight
in the other. But upon reflection | did, after a
while. consent to verdict in favor of the plaintiff
for the reason that it did then to ME to be a
little probable that in the absence. perhaps of
the Post Master, and through the carelessness of
his assistants. some unauthorized person had re-
moved the letter from the Post Office; than that it
had been distracted from the pouch by the Stage
Driver, in the presence of the passengers, without
his being provided with k by the Department.
Would to God had not been on that Jury at all );
for the more reflect upon the matter the more dis
satisfied am with the verdict. For to say nothing
about having assisted to cast reflection upon the
character OF an honest man, l. e. the estimation
of those who do not understand the matter, it is
rather hard case to subject him to the payment of
| this money circumstantial testimony, when it is
possible that it reached his Office. For, al
| lowing the Stage Driver to be as honest John
McRae himself who knows to the contrary but he
entrusted the pouch to the of some irresponsi
BILE person. who had false key, before he delivered
it to the Post Master his assistants, and conse-
quently. the money was lost by his care essness
afraid of this circums 'antat testimony. | have
rea, many where men have been convicted
of offences circumstantaI testimony, who, after
wards. turned out to be innocent. know Mr.. Oates
ought to have his money, and do not question one
word of the testimony it is the circumstances that
| | am afraid of-the conclusion. This jumping at
conclusions" as MIR. Winslow had it, and having to
jump 40 miles in the bargain-for none of the wit
nesses ever saw the pouch after it left WarSaw-is
rather too long jump for any to take, espe-
cially about fourth part Of the way has to be
jumped through the dark,-and more especially, as
he may jump into wrong conclusion, and thereby
damage the purse and affect the character of an
honest man for. without enquiring word into
his character the simple fact that John McRae has
been Post Master at Fayetteville under eight sue
cessive administrations, Wing and some Dem
ocratc, and all proscriptive enough for all saluary
purposes at least fully establishes his character fol
both honesty and efficiency And in fact, he was
not charged with any improperly any other oc
cason. unless it be improper for Post Master tt
employ boys of from ten to fifteen years of age al
assistants. The counsel for the plaintiff Johr
, L. Holmes and David Reid, Esqs. for the defendant
William A. Wright and Warren Winslow, Esqs.
will conclude by saying that I have been a Juror
occasionally. for 80 years, and that, this occasion
Warren Winslow, Esq, according to my judgment
made one of the most able, ingenious, convincing
conclusive and powerful arguments, in favor of tn
defendant, that ever listened to in Duplin court
E ONE OF THE JURY.
a. a. h.