Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1857-11-05
Court of Common PIens for the Trial
of Criminal Cases.
OCTOBER Term, 1857

gust 1000 lelonlously dld falsely MAKE Jorge,
and counterfeit certain false, forged and coun-
terfeit note of the following tenor:
S457.SS WORCESTER, Aug 81, 1856.
-Four months after date promise TO pay to
the order OF Russell Phelps, four hundred and
ffty-seyen and eightye eight one hundre6ths dol
lars payable at Exchange Bank, value received.
SoHoULER, BALDWIN & Co.
with intent, thereby, then and there, to defraud
said Russell Phelps.
Mr.. Aldrich, the District Attorney, opened the
case by stating the facts he intended to prove,
which would show that Mr. Schouler was con-
templatng mercantile association with defend
ant in Cincinnati, for the sale on commission of
domestic goods; that it was to be consummated
when Baldwin should have settled up all his out
standing Indebtedness, provided he had, as he
represented, $4,000 to put into the concern
that Baldwin left far the East to make such set
Element, having persuaded him (S.) to let him
have $4,000 to bring with him that hearing
nothing satisfactory from Baldwin, Schouler fol.
lowed him, at the end of fortnight and came
on twice Afterwards on the same business with
out being able to recover his money or coming to
any satisfactory result that in July, he in.
formed Baldwin that he should not enter into the
again till July last, year alter. The note in
question was given by Baldwin in August 1856,
after Schouler's last interview with him, and was
given Tor a private debt of BaIdwns. Baldwin
having no authority to use Schouers name, the
use Of it is a forgery in law. The Attorney then
called the witnesses.
RusSeH PhelpS-Resides at Fitchburg. Has
known Henry W. Baldwin since 1854, when he
consigned goods to him at Cincinnati. Saw him
| at the Bay State House in Worcester, August 81,
| 1886, when he gave me his note for 1857 So. He
| gave it in the name of Schouler, Baldwin Co.
to take up private note of his own given year
before, which was three months over due We
| were in room where there no pen and ink.
| My nephew, George Phelps, procured a blank,
| and Mr.. Baldwin went into the other room and
| returned with it filled out and signed. l asked
| him Col Sehoulers name, and he put it, in pen
| Gil mark with his own name on the back of the
| note He was gone from the room to fill it out,
| less than five minutes. The note has never been
| paid
Cross Eramined-It was in the summer of
| 1854 that sent the goods to Baldwin. This
was the third note, of which those goods were
| the original consideration. The appointment to
meet him at the Bay State House was made by
| George Phelps few days before. l had heard
| that he would give note with Sehouler's name
| to it. Think he proposed giving such a note as this
| did not know that Col Schouler, if there was
| such firm, would not be liable on a note given
| for Baldwins private debt nor do know tnow.
| The note was protested and has been sued. Geo.
| Phelps clerk with me hen the goods were
! sold. was the owner of tAlPts, and lodged it
| in the Bank, in Boston, for collection. 1t was
| sued five or six months after.
| George Phelps Lives in Worcester. Saw the
] note given by Baldwin to Russell Phelps. pro-
cured the blank. had previously made an ar.
| rangement with Baldwin for the meeting At
| the time made the arrans onasnt with Baldwin
at his house, he Eeoposed to me, to give the note
OF Schouler, Baldwin Co., in renewal of his
| own, the same, he said, as he had done with Mr.
Bickford. asked Baldwin who was represented
| by +" & Co." in the firm. He said there was no
one. My uncle then asked Baldwin to put the
name of the parties on the back of the note, and
| he did so.
| Cross E1an1ined-I went to Shrewsbury to see
Baldwin at the request of my uncle. was with
my uncle, when the goods were sold. They were
| consigned to H. w. Baldwin, but She note for
them was signed, " Baldwin, Duty CO."
| Cot Wettaana Schoatler- Ihave resided in Co.
lum6us, Ohio, since July 81, 1856. aud for three
| years previously in Cincinnati, as editor of the
| Cincinnati Gazette, till April, 1856 [ became
| acquainted with Baldwin at the Burnett House.
where we boarded. He had a store there. At
the time left the Gazette, contemplated bus
mess connection with him. but never formed a
| copartnership with him He failed in the Fall Of
| 1900, and, IN the Spring of 1856, having been to
| the East, he returned and said he had come to
go into his old business of selling goods on com
mission. lie said he had settled all his old con.
Germs, except some notes at Baltimore which he
| could adjust when he went on these He said he
| had $20,OOD in the hands of Farnham Kirkham.
| Co., and could procure any amount of eonsign-
| ments he would wish. He would like to have me
90 into the business with him. Having a chance
/ either to buy out the other partners Of the On
zette, or sell out to them, sold out in April, and
| arranged to form copartnership with Baldwin
| provided he could do as he said he could He
| told me all his old matters were settled except
/ the notes in Baltimore, which he could take uib
and furnish $4,000 cash capital. agreed that
| II he would do so, l would form copartnershin
with him. He went to the East by way of Balti-
more, and l Let him have $4,000. No notice Of
| copartnershlp was ever advertised in Cincinnati
Baldwin said ne could use the $4,000 to good ad-
vantage in Philadelphia in the purchase Of goods.
IobIected to letting him have it, but finally con.
scented. had one or two letters from Baldwin,
but hearing nothing satisfactory from him, fort
| night after he left, and about May Goth [ went
to New York. found him, and he said that he
had sent three hundred boxes of goods to Gin
| cinnati, which would probably be there before
| got back. returned, but no goods came on, and
| after waiting some time, came East again l
found Baldwin at the Astor House. with my faith
er, trying to borrow $4,000 of him. He said it
was necessary, in order to carry out some ar
rangement about goods. He did not say what. 1
told my father not to let him have it, After going
back to Cincinnati and having correspondence
| with one of the firm Of Farnham, Kirkham, &
| Co., came East again. l went to Shrewsbury
and told Baldwin that wanted my money. He
said he had none there, but his money was in the
handsof an uncle in New York. told him he
must go there with me and get it. We arrived at
I New York the next morning. In the course of
the day he said he had seen his uncle, and the
money had been drawn for by Mr. Campbell Of
| Pittsheld. telegraphed to Nh Campbell, and
| in the meantime, went to the house where Bald
win said his uncle lived did not find any such
man while in New York On my return to INV
lodgings, found Geographic despatch from
| Pittsheld, and note from Mr.. Baldwin. l did
not see Mr.. B. again till l saw him in Worces.
ter, in July, 1857. "a letter was here shown
witness, from one of the firm of Farnham, Kirk.
ham, 4 Co., to him, which he said be showed to
Baldwin when he was at Shrewsbury The letter
stated that they had nothing of Baldwin's in
their hands, except some lands, of which they did
not know the value, which were pledged to them
as security for the payment of note Of $4,000
which they had repeatedly Tried to get him TO
pay, but had failed to do it. The letter said they
should not not sell goods or consign them to
BALDWIN or any concern Of which he was a lead
ing partner.) On showing the letter to Baldwin,
he said he was astonished that Mr.. Shannon
should write such letter. have never got my
money back. returned to Cincinnati in July
| have no knowledge Of a single package Of goods
| having ever been sent on by Baldwin. When in
| Shrewsbury, told b. that the contemplated ar
rangement was at an end. / never gave any
writing OF any kind as a copartnership, and