Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1858-04-20
LOCAL NEW S
snpreae JudlciaI cour.


QuinseamoDd Bank vs. George Hobbs. Counsel
for plaintiff F. H. DEWEY and E. B SToD
DARD. Counsel for defence, CHARLES ALLEN
and GEORGE F. HoAR.
This is an action brought by the Quinsiga-
m"nd Bank against Gen. Hobbs. to recover from
him. as endorser upon a promissory note made
BY H. D Stone, land discounted at the bank, /
for the sum Of Sl,437 90.
Gen. Hobbs resists the payment Of the note
upon two grounds. First. that the note was al
tered after it was endorsed by him, to make
it payable at the Bank of Commerce, in Boston :;
and second, on the ground that the bank violat-
ed the usrry law of this State in charging ex-
change to the amount of one-half per cent, be-
sides the legal rate of interest
Gen. Hobbs's testimony went to show the
transaction rpon which the note based, and
was clear and positive on the point that at the
time he endorsed the note the words payable at
the Bank of Commerce, Boston," were not upon
it.
Mr. H. D. Stone, the maker of the note, was
then placed upon the stand and testified to all
tie material points Of the business transaction on
which the note was based, very much in accord
snce with the testimony of Mr.. Hobbs, but he
swore positively that no alteration had been made
in the note, and that when it was endorsed by
Gen. Hobbs the words payable at Bank of Com
merca. Boston, were upon the note that he
wrote the words there before it was endorsed, and
not afterwards, and the note was then precisely
as it is now.
Mr. Stones direct testimony having been rem
dered, he subjected to rigid cross-exami.
nation by MIR. Hoar, junior counsel for the de-
fence
In answer to the various interrogatores of the
counsel, Mr.. Stone said II belong in Worcester;
have resided here about eight years residence
been uninterrupted up to the present time, except
that sometime in the early part of February ran
away; induced to run away from apprehen.
sion of arrest for debt on suit of J H. Clarke and
others, and being held to bail have since the
first Of February been in Vermont, New York
Connecticut, Rhode Island, Maine, Ohio. New
Jersey, Pennsylvania, Maryland, Missouri and
Canada.; never remained long IN any one place
only remained so long as l saw some one who
knew me, and the left, because did not wish to
be arrested !; did not come to Worcester at this
time Voluntarily, was brought here under ar
A
in this court was intending to come to Worces
ter when arrested came down from Burlington,
Vt. to Springfield, on Saturday bought ticket
at Springfield for Boston did so because did
not wish the conducto if he eco2nlzed me, to
announce that | came to Worcester l wished to
come privately. l usually buy ticket when in
New York and coming to Worcester for Boston
was not disguised threw off all DISCUSSES last
Friday; have been in Worcester once before
since ran away, in February it was about the
time my biography was published in the Spy
wanted to come to town quiet a. the time
came before, came direct from New York or
Albany, don't know which; did not at that time
buy ticket to Boston,"
Question by Mr.. Hoar--At the time you went
away, did you not conceal from your sssignees
large amount Of property
MI Stone-I had no assignees at that time
Mr.. Hoar-At the time you went away, what
means had you in your possession? You say you
could not get bail in these civil suits
Mr.. Stone-l hope the counsel will not press
that question. because of the pendency of anoth
er action in the Police Court.
Mr.. Dewey, counsel for the plaintiff, objected
to the question, and the Court sustained the OBJ.
jections.
BY Mr.. Hoar-Have you not strong feelings of
luminosity towards Gen. Hobbs, the defendant in
this case?
Mr.. Stone-I don't like him.
To further questions on this point Mr. Stone
than Hobbs liked him.
At this point the Court adjourned until two
O'Clock.