Saint Paul weekly Minnesotian. [volume] (Saint Paul, Minn.) 1858-1859, 1858-09-25

By A RETIRED ATTORNEY.


an incident that occurred many years since
during similar season.
Somers, a tailor, had long sold goods to
Churchill, travelling agent for manufactu-
ring company. Some years before my story
opens they had dealings together, and had
a long account At the settlement there bad
been balance due Somers of enc hundred
and eighty dollars, but the account had been
cancelled by Churchill outside of the regular
trade. Some seven years elpased, and still
Somers' books showed this balance against
his customer.
3 Churchill was away from Boston nearly all
his time, but he happened to remain in the
city one time just long enough to get up q
quarrel with his Former friend. 1t was about
piece Of real estate belonging to Churchill,
which had been sold at auction, and bid of
by Somers, who finding the place was not
worth SO much as be had supposed, backed
out of the trade, by alleging that the title was
defective.
Churchill was Justly indignant at the bad
faith Of his friend, and after reproaching him
in round terms for his conduct, threatened to
sue him for damages. No doubt he could
have maintained an action, for the purchaser
was legally holden to his bid.
Somers was alarmed, but he was too mean
to act like an honorable man in the premises,
and Churchill actually put his case in the
hands of lawyer. Then Somers, fearful of
proceeding any further, offered to settle the
matter, protesting still to be friendly to his
opponent. Churchill was deceived, and let
him off on the payment of the actual expens-
es of the sale, some twenty five dollars.
Even this small sum, which Churchill had
wrung out of him, was enough to make Som
ers his enemy for life. No sooner had they
parted than he began to devise means to be
revenged, and to get back the twenty-five
dollars he had paid. Unfortunately the means
we're at hand. The old account, still unset
tied on his ledger, was available, and being
anything but an honorable man he did not
scruple to avail himself Of it.
The consideration" which had discharged
the old balance, has never been clearly cx-
planned; it was something that neither of the
parties was willing TO make public.
Somers attached the real estate OF Chur-
chill, on this old balance, well satisfied that
no receipt could be shown to Indicate the set
Element. 1t was mean, dirty transaction
and if l had known as much about it then, as
did afterwards, certainly would not have
done Somers business for him.
The writ had scarcely been served before
Churchill paid me visit.
6 What is the claim?" he asked, rather ex-
cited.
" An old balance of seven years stand
ing"
" 1t has been paid y he exclaimed, violent.
ly. i''s
"very we'll; then, of course, you can pro
duce your receipt"
He bit his lip with vexation. That under.
handed transaction that had settled the &C
count could not be explained
8" took no receipt but does Somers pre-
tend thst the account was not cosed?7
g OF course be does !. otherwise he would
not attach your property. H.,
'-s.-ss Mr. Docket Soniers is the biggest scoln-
drel in Boston He has got the smallest
soul that ever was put into a human car
cass.n
g Abuse sir, won't pay debt, Mr.. Char
chiIl.n
/" You could put two such souls as his in a
mustard-seed, and they would wander about
in it to all eternity. without meeting"
"lf you have any further business with
me, Mr.. Churchill, will hear it.'
THE debt is outlawed, even if it were Just. y"
I" / think not"
6 1t is of seven years. standing
" You had better read the statute of limi-
tation again, sir. The absence of a defend
ant from the STATE is to be deducted from
the six years the law gives to begin an ac-
ton" 4.
q But have been resident Of Boston
during the whole seven years."
] saw his ground and thought had q good
case, though it was undeniable that he was
in tue city five or six times year during the
term.
Churchill was "spunky,r and promised to
contest the suit to the utmost and he did.
His lawyer was shrewd, and kept the action
in court six months before a day was set for
the trial. The day came, and it was put off
again.
About this time there was Every search
ing revival" in progress. Everybody went to
prayer meetings and the number Of convert
ed souls was duly buletined to the world.
The trial OF Spmers ps. Churchill was again
at hand, when one day received VISIT from
my client.
6 Mr.. Docket have como up to ask You
to discon inue that suit against Churchill"
said he, in tone and manner vastly different
from any had observed in him before.
Discontinue it p
eyes and if you will tell me how much
the costs are, will pay them"
"Tbis is au odd step. think you will
get the case" added much surprised.
"The Bible says, Glove thy neigbor as
myself"
g SO it does but Just debt -"
at is not a just debt. am poor, and
lost sinner, and this is one of my creates.
sins. The account was settled seven years
ago."
"Theu you are greater rascal than I took
you to be-"
{" / am poor, LOST, sinner. have just ex-
perienced religion, and this great sin hangs
heavily on my conscience viii confess my
error to him have sought to wrong and may
God pardon me for the wrong have done
him "
commended his resolution he paid all
charges, and left the Office, apparently hap
pier man than he had entered it. immedi-
ately went to the clerk of the court. and had
the action discharged, intending to notify the
opposite side of what had been done, after
dinner But on my return to nay office
found Churchill's counsel there, waiting for
me.
Docket, I have just been astonished, .
said he.
So have t. supposing he had heard o.
Somer's conversion. Tgs
Churchill has experienced religion, and
wants to settle this account"
"What Churchill p
W ~ L = s..~S III L.
and he is willing to pay it. have the mo-
ncy in my hands, principal. interest and
costs" 4 s4,e
was astounded. Both had been converted
I came to the conclusion that revivals would
ruin the profession.
Isafterwards got,tbem together IN my office
They shook hands like meek disciples, as !
doubt not they were. Somers declared the
balance had been paid. but Churchill said il
was an illegal and wicked transaction b,
xul.;oh II no 4 hpon Md a., q fI,.ofc.o L. -