Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1854-11-03

sra: A friend his put into my hands your
ptprr Of the 10Th INST, IN which IS an arti- /
cle char ing the. together with Dr. Ira Da-
Wis. as having committed frauds on the PEN
sion office by altering dates, making false I
statements. Sc, &C.
Asit appears 10 be editorial, | shall hold
YOU responsible Tor those statements. Ex-
cepung the Judgment referred to, pro-
nouuce every statement referring 10 me, IN
that article, false aud indeed equally 20 as
regards lr. DAVIS, 50 far as my knowledge
extends. But DR.. DAVIS Is able TO speak
and defend himself when well lie IS now
confined Ia his bed, and has been for several
weeks But sir, how was that judgment OBJ
tanned ? Before quit this, Tor the niorma-
ton Of the public generally and for yourself
M Particular will attempt to show. After
making the above charges, you 20 on to state
what was proved. as though we had had a
judicial trial. Nou were not content In
stsiinr we had altered dates, made false
statements, &c, &C.. but you proceeded 10
tell the public what might have been, and II.
and fit would have been penetentia-
~ offence by statute.
one might conure up in his brain, and
oven publish IT, that the Journal editor him
self had committed frauds, which If con
yicied would give h'm a place 10 the state
prison. But, sir. think no fair minded man
would DO 1t unless you we're so convicted.
bad intended % htvr written r;,d pub
li-bei an extended account Of the pretended
tnal by which that judgment Nas obtained,
but nave been prevented by severe and pro-
tracled disease. will now, though IN fee
Die health, state briefly some OF the materi-
al facts
IN the winter think Of 1854, DR.. Davis
bong then al Washington, wrote him that
was satisfied that the claimants Ia these
cases had committed a fraud on the govern
ineni. and had imposed on him, and sGg
geslcd TO him the proprety Of calling at the
Pension Office aud ask for an Investigation.
The claimants Implicated in this matter were
then both living. lie called and was prom
Used that his application should have unme-
diate attention. Bot nothing was heard from
the Department, tli the last winter. when he
together with nv self we're summoned to ap-
pear al the May Term Of the Circuit Court,
la and received. ! Immediately. through
as5 couusei, Mr.. Howard, asked for speciii-
cations The -FFi.-ass~.. me- 10y III
siant refusal. In May, | appeared at SAID
Court and learning IL was contrary 10 rule to
have trial Al that time. directed my counsel
informed me II could not be done. ! was,
and had been. anxious for immediate trial.
~ the fore part of August we were fur
uished with specifications. For more than
three years, | had been suffering from dis
ease which had coafucd me TO my room,
aud much Of that time to my bed but dur
ing the summer. ! had been a liille better.
About the l5ih of August, Il returned on
nc with much violence, and TO t.is iime
have been confined 10 my house aud bed
with few tufiing exceptions. still | wish.
ed for trial, depending on DR.. Davis to
make the necessary arrangements. But
some eght or ten DAYS before court, on the
81 Of October. | ascertained that DIR. Dlvi,
was confined oy sickness. together with sew
eral members Of his family. | then sent tol
two of our counsel. who said at once | need
not trouble myself about making arrange
mon,s for trial. as under the circumstances
the court would reatily grant a continuance
90 rs next term at " indsor. | uade an a.
fdavii. when was subscribed and sworn to
stating that | could not attend the court
the circumstances of my sickness, $50 Tia
] fully believed. and Was SO advised by ml
counsel, that had good cause Of defence
also an affidavit was made By DIR. lllnkley
who was then M attendance upon me, an'
had been occasionally for seven weeks pre-
vous, stating that ! could not leave a.
house without immediate danger 10 my life
But 70 the surprise Of my counsel to al
present, and as have been informed, 4
the counsel for the government, the motlo
for continuance was refused. My counse
then mOtloned tor a continuance on term,
This was also rejected. My counsel the
protested against a Judgment under thes
circumstances, and le.t the case.
These are the facts, and IN this way an
manner was obhined against Us a udgmer
from which you infer and argue that we dc
serve place Of some notonety at Wndso
Perhaps ought here Ia remark ihat one
our counsel informed me that the attorne
Tor the government treated the motion {,
continuance IN far and gentlemany mai
ner You, Mr.. Editor, are probably NOR
experienced ~ court matters than myself
but, though | have resided IN this state Il
more than thirty years, | have never know
so arbitrary and unjust proceeding m III
or any other state, wholly denying two
It's citizens their rights guaranteed by ii
Constitution of this state and Of the Unite
States.
| did some writing for one or both III
claimants. and they paid me us other person
do. | never engaged to &c, a pension I;
them, or either of them. | never got on
for any person. never informed the
what we're the pension laws, for had :
knowledge concerning them. had new
seen or read a law relating to pensions, "a
cept the law of 1918, TIL the winter Of la
.; friend then sent Inc pamphlet fro
Washington containing all the laws then
force. Ny business did not require me
have a knowledge of such laws
But you say the change was made fraud,
lently, as Il was proved that DR. Sweat a
tended one of them IN his last sickness
Here you are telling the public again win
was proved, when no proof Of any kind W;
exhibited, AS | have before remarked, thel
was no trial. But, sir, freely admit that
attended one of them in his last sickness
and am pretty sure attended two of ther
But what does that prove? suppose yc
had so attended, would that have proved y,
guilty OF fraud Ii | was requested to d
ternine aud make an affidavit Of the mon
and year Of their deati', turned to n
books, ascertaned the time and so state
and !. is now In the flies IN the Pension @
nee; and IT 10 these or any other cases
did not state the TRUTH | waive all statut
OF limitation made and provided for the pu
lshment Of falsehood The soldiers a
their widows had been dead many yea
Dr. Davis being sick and having furnish
me with form, ! wrote several declaration
think, though have no distinct recolls
ton OF but one. took down his declarati
as the claimant stated il TO me. Ii was
subscribed or sworn 10 before me. Thi
u D. a