Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1862-03-07
Jndae croeno ana me rIe..snqer.

against sodee Greehe made by The 1Sssssuge Of
last week This statement puts altOgether 4
Different face on the matter from the version ST
ven \ BY Che Messenger, and shows that sheet %
hayebeen engaged in very sn,an business;
EDITOR SANDUsKY DEMocaAT:
Dear Sir:-ln last weeks Messenger |
end an article in regard to the case OF
Alex. Whiildin g. Son VS.. P. @. Dean,
in which Judge Greene is charged with
corruption, DC. Feeling that it is duty
owe The Judge, as well as m yselI, 1 de.
sire through your columns 70 make q fair
and truthful statement Of the facts IN lhe
case, thereby letting the censure. " any,
fall where Il belongs, on myselGDe On the
End day Of November A, d, 1861, Mr..
Hetiick, the agent OF Whilldiu d. Son,
together with Mr.. Theodore Clapp. came
into the Office Of Greene & Winslow, and
told Judge Greene. who was in the Office,
that he desired TO consult him IN regard
to ins.ituting suit against T. Q. Dean.
The Judge informed him that he the
Judge) could not practice law, but refer
red him to me. Thereupon | consulted
with Mr.. Hetrick in regard to the case
and advised him 10 institute suit Of
replevin, and drew up the petition and
necessary afidavits and fled the same
with the Clerk Of the Court Mr.. Hei-
rick enquired what he should do with the
money he had rendered Mr. Dean. ad-
vised him to deposit it in the bank sub
ject 10 the order Of Mr.. Dean. which he
did After the writ Of replevin was is
sued and delivered 10 the Sheriff, the
Sheriff asked me who had for bail. L
told him Mr.. Clapp and Mr.. Hetrick; he
then told me that as the case was one
| wherein he would be personally liable, ,and
he was unacquainted with Mr., Hetrick's
responsibility he should require further
bail, which l told him l would furnish.
1 then asked Judge Greene to sign the
bond, and also to request Lewis Leppel-
man to sign il with him, which he at first
refused to do. l then told lin there
would be no danger in signing it as the
money was deposited in the bank subject
10 Mr. Deans order, and as the case
would not be tried before him it would
not interfere with his duties as Judge.
At my repeated solicitations he signed
the bond and also obtained Mr.. Leppel-
man to sign it. The Judge was not
counseled with in regard TO the case Ell
ther directly or indirectly. On the 4Ih
day OF November. 1861, the Sheriff served
summons on Mr.. Dean in tine case, which
. .. required him to answer by the S0th day
of November, from which time up to tn
9th day OF January, 1862, he was in de
r fault for an answer and the plaintiff en-
: titled TO a judgment by default. On thu
: 9th day Of January. 1862, the special tern
, OF Court was held. at which it was gen
!. orally understood. Judge Taylor woult
J, preside, and know Judge Greene hat
no idea or thought of presiding at sait
+ adjourned Court; but Judge Taylor no
coming to preside, Homer Everett Esq
. went to the residence of Judge Greene
, and requested him to hold the Court
, which he did at Mr.. Everetts request
t | was not at the Court House when Cour
opened, but was sent for to attend con
firmation Of partition case that Mr.
Everett desired confirmed. On asking {
confirmation the Judge informed MIR
t Everett and myself that be could no
D confirm the same as he was one Of th'
S attorneys in the case. whereupon Mr.. Ey
0 erett and myself agreed upon the confr
nation and requested him to conhrn
: it, which he did at our request. Cheste
o Edgerton. Esq. then asked the Judge I
g take judgment in certain cases Of his
S wherein there was default; the Judge the'
r told the Clerk to docket the cases tina
d were in default, and render judgment b.
it default for him; / then asked the Clerl
d If there had been an answer filed in tn
is case Of Whilldin & Son vs.. Dean, he sal,
n there had not. l then called the aiten
ton of the Court to the case and de
manded Judgment by default. which h
e could not refuse. had then no reco
& lection Of his signing the bond, nor had
thought Of taking judgment by defau
, at that term, until Mr.. Edgerton had Ia
ken his judgments. asked judgment fc
}. the sum Of 5000. it being the amount {
Il damages claimed in the petition. when tn
'e Judge informed me that inasmuch as W
J, bad got the property, we could only re
cover nominal compensatory damages
. and said he would fix the amount, an
afterwards fixed the amount at twenty
q FIVE dollars, and furnished the Clerk
e journal entry for that amount. Their
. were three or four other defaults taken a
the same term. On the 7th of Januar
a Mr.. Everett spoke TO the Judge and com
: planned Of the default, whereupon tn
. Judge insisted upon my allowing th
/. Judgment to be set aside, which refuse
j 70 do He then got Hon. J. M. Root an
: my partner H. W. Winslow to try an
!. induce me to consent to have the judl
N ment set aside, and refused them als'
,s Had there been an answer on file no judG
ment could have been taken. When th
. case came on to be heard, on the motto
a 10 set the judgment aside, was informe
! by the Cashier Of the Bank that MI
: Dean had accepted Of the money deposit
: ed 10 his credit. and ] then consented I
- have the judgment set aside. These al
a the facts OF the case and leave the quel
1 tion 10 the public as to any evidence I
corruption 10 the matter In the artic
! alluded to there was not an affidavit, nj
showing OF the defence published Ha
/ l the most remote idea that they were
I be published, ! should have offered tho
: of the defence for publication.
off Yours truly, arf srrs
JE0. L, GREENE JF.
to- AS far as my knowledge extends Il