The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-02-14
THE LATE POST OFFICE DEFALCATloS.
United states District Court.

United states District Court.
THE JUDGES CHARGE.
The United States George LaW and Gustapts A. Conc
per-The following requests to charge made by the
District Attorney
l. That the mere fact of an omission deposit weekly
did not constitute Mr.. Fowler a deiaulter.
2. That there Is nothing the face Of the bond to
show that It is al incomplete bond.
That IL requires unanimous agreement Of the jury
to answer each and every the several issues.
That il Fowler defaulter the only officer Of tue
government whose knowie ge, II he had any, could
charge The government would te the Postmaster General
An apparcnt general authority cannot be resricte
as against an nnocent party by any private understand
ing between the principal and his agent.
D. The only authorized possession by Fowler Of the
bond IN question, seemingly perfect s face, aud with
the iu number Of suretcs reIure by the Instructions
OF the department. the government in accept
ing II as duly executed instrument delivered BY duly
authorized agent.
T. Ii Fowler violated the alleged private agt cement be-
tween him ana his suretes their remedy is against him
Tor camages and not asanft innocent parties whom they
have enabled him To deceive.
s. Law and Conovcr esiopped by their acts and
omissiors and long acquicscence from contesny the
due execution ana delivery Of the bond.
Judge Belts in charging the jury after some premi.
Lary remarks said that early May last the Marshal Of
this district received process from Washington requr-
iig lin tc seize the property OF two persons the
painants in the present suit Nesss Law and Conover
iof the som Of SIS Geo. Concurrent with the receipt OF
that warrant Mir Fowler the Postmaster Of this city, az
sconGed, and it became that was default-
to the government for -ery considerable Of money
amounting to some $50 0t0 IL might appear the ui
that It Was very unusual procedure any party ia
hs country should be clothed it'll the power sunna
rly seize the property and effects debtor without
amy Adjudication Of the matter in court OF justice But
this rule OF law only in respect public officers
ana was exercised IN tho spirit of fiscal II was
dangerous prerogative itself, and in the OPT
Mon 81 This Court should be exercised with great
ssg,on and Watched carefully lest It be exercised 70 the
poses 81 justice aid tight which should exist bet
The government AID individuals, as between man and
mar. Tie United States Congress had, hoveS r., pro-
vidd remedy in such csse and which had been
used IN this CASE gave 10 the party whose property
bton SO levied upon the privilege OF having his rights ad
jrsted aud passed nn IN court Of law The ioai tn
sccti Of the act under which the government was EN-.
powered to levy upon the property the gave
them the privilege to bring the before the Cned
states District Court sitting IN chancery and have de-
upon equity ana ustuess OF the demand the
Court sitting 10 equity could gran. injunction
Ing the Marsha from setting the property OF the parties
upon their giving sufficient bail, and that course
adopted In this case, AMI bail TO the amount Of
1900 COO given by the cnmpainans that they would pay
the government all that might in the event Of
1 an ADVERSE decision against them. In the be
tie Court Ncssrs. Law and CJnovcr admitted that
they had sgneo the bond that the signatures affixed
we're tbens; but Ley also claimed Il at they had
tered INTO an engagement with Mr. Fowler that they
we're Lot 10 become hts suretes without the additional
signature Of third party hf Charlck, and that they
signed the bond with tha understanding that 10 should
Dot be delivered 70 the government until Mr. Chlrids
had executed tie Instrument with them rhey further
CLAIM hat Mr. Fowler foI long time provisions TO tho
execution OF the bond had been arrear the govern
nent and that the government knew of aud that they
not informed Of that fact by the authorities al
Wash'ngon. They also allege that tho government
through their pubic oicors had been delinquent them
a deauer and enbs lheif FUNDS; that they
(ctmplainanis had notice OF the fact that
fore il was ne1uable and Improper 10 aL,w to allow
the government to enforce its demand against them
That tho basis Of the PR ceeding the chancery
side Of the Court and upon these allegations tho
granted an inurcton aganst further proceedings upon
the part Of the government pending the adjustment
tho matter. Certain questions issues tnen
framed and proIoundod TO be answered by jury,
and upon the rendition OF the 10 them tn
Court would give It's hnal decision. The Jufge herc
referred TO several cases in the Supreme Court
the United States and read copous extract from
Chief Justices Marshall and Tlneys opinions in order 10
eucdate the law governing the delivery OF deed or
bond The Judge also ucdly explained 10 the jury the
meaning Of delivery OF deed or bond upon condto
ard In escrow, and observed tina. il was
proved to the satisfaction Of the jury that
the bond executed by tho complainauts upon the
condition alleged, and that delivered without the
OF that condition. the parties sig the bond
not bound its fulnlment The question which
before them whether the bond this had
been delivered with the condition named and woui
be Tor the jury to decide that question After reviewing
the testimony ut great length, his Honor observed that
sieLers bond whether they had attached any con
dition 10 their executing the instrument. Mr.. Fowler
was competent Witness and they could take his depo
silon into consideration rho fct OF bis being do.
fater and having abscopded should also taken into
consideration ana they were % say what credit they
would attach 10 his evidence. Messrs Law and CJn)yer
were also competent witnesses, by ennct nent
that pal tics 70 suit could give testimony His Honor
orred TO the testimony OF Mr. Law and Mr. Conover who
both stated that they had signed tho bond with the
UNDERMINING that Mr.. Charlick also TO become
surety. lie thcn alluded the evidence OF Judge Hilton
and observed that natural assume that Judge
Hilton as he had testified on the stand did not charge
bmscf with anything about the private TRANSACTIONS
or UNDERMINING between Mr. Fowler aud Mossrs. Law
and oonovcr. lie had only fuhIlei the duty he was
called upon TO perform, and he had done tina, diligently
and with hdetity. IL was not strange therefore, that
Mr. Conoyer had spoken of conversation he hid had
With Dir. Fowler about Mr. Charcks signing the bond
when Judge Hilton was present, and the Judge not to
have corrobora,cd him for, he Iudge Bcts) before
observed, Judge Hilton only desired to perform what the
law required OF him. and did not attend listen the
conversation between the parties In his opinion he did
SEQ any conflict az had been urged upon the part OF
the government between the testimony gwen by Mcssrs
law aud Conovcr and that given by Judge Hilton. But,
OF course that matter for The jury 70 decide them
selves. IL was not necessary 10 have this undcrtand
ing that Mr.. Charlick should execute the bond
fcsscd end discussed ot the time Messrs. law aud
understanding and executed the bond upon that con
diton, and If they could not DO held responsible
their verdict the testimony which had been given vita
reference ~ this previous between the par
ties and ,ney were ooLsaer wne.ner NC understand
was executed What there except the testimony OF
Mr. Fowler ard Messrs Law and Conover that that bond
might have not been taken by Mr. Fowler au sent 70 tho
Poet Office Department nj Washington with Dir. CSioyers
signature alone There nothing the face OF the
bond ifeelf " show Oh hau surety
required The private instructions 70 Fowler which had
showed the Court this mornpg, stated that he
should se tao sure,les but there was ng,aag ~ INC law
showed that thora seals tor four Tho jury would
o at all the facts In the and " what Wa meant ~
be done by tho parties when Jndgs Hilton took their sgns
Wtts. Why did they 20 from house 70 hVuse on inc
cst hne the bond executed, and why was The ar
IsnRen' naga - stated 10 Judge Hilton, thn 10 was
~ eau ~ We foat Office The iohowiog day i Mr. th,r
ch eao lnsro 20 tase ha sigtaief They would tase
uie boha anu examine n, together with tho evidence
gy'n ~ The oompar7pts ard tggps Liza r.,ss N law
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