The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1862-03-27

money. Yet if he is to be beIiered, he did not
even ask for ii, but contented himself with COTS
statement that it was in the Bank. Nearly a
month had already elapsed since the date of the
note. and still he says, ''he made no inquiry I'M
til about month after the acknowledgment and
delivery Of the mortgage-and then instead of
going to Mrs. Golf or her husband, he called
first in the latter part of April, upon the teller
of the bank, and subsequently, IN Mau upon
Mr.. Kimball, the Cashier, and it would appear
from the testimony of the witness Palmer, that
he calledEagain upon Mr.. Kimball in the fore
part of June. He was distinctly informed, OH
each Of these occasions that Mrs. Golf had de-
posted no money there for him, and yet he did
not notify her, or make any complaint until the
November following, when he demanded re-
turn of the note and mortgage. 1t appears that
at that time, there had been quarrel between
him and Golf, and the cO-partnership had been
dissolved. A man who was under the necessity
Of borrowing money, at high rate OF interest,
and who had delivered his securities, with the
exception of receiving it, would not have con-
Quoted in this way He would have resisted the
outrage by prompt, and active measures. A
statement SO inconsistent, and irrational cannot
be GeLieUed. The defendants behavior, according
to his own account of it, is subject to no reason
able explanation, except upon the supposition
that Golf speaks the truth. Hence he strength
ems rather than weakeus COTS testimony
Again. if the money had been intended for his
individual use, he could have explained the pur-
poses for which it was required He is entirely
silent upon that subject.
The evidence of the witnesses Reuben Palm
err Reuben B. Palmer Shepard johnson, and
Lane, does not effect the case Its leading fea-
lures are too strongly marked by facts and cir
cumstances, about which there can be no dis
pute to be overcome Or shaken by such testi-
mony Ofsuch admissions it has been well re-
marked that they are ga species Of evidence, easy
to manufacture, difficult to rebut, often issuing
through interested channels, and in tbs most
favorable aspect reflected from the memory, or
differences of the witnesses With the excep-
ton of Lane, who speaks with great doubt and
caution, the admissions testified to cannot be
said to come through DISTINGUISHED channels
The witnesses are the relatives of the defendant
johnson, and the testimony of his son Shepard
Johnson is such on its lace as would stagger
the belief of any intelligent unprecedented mind
His statement of the contents OF the letter seems,
under the circumstances, beyond reason and
truth.
The only question of Law presented is as to
the validity Of the acknowledgment of the mort
gage 1t was acknowledged before Mr.. Golf,
the husband Of the morgagee. We do not think
he was on that account disqualified from taking
it.
Upon the whole, therefore we are of the
opinion that the judgment OF the circuit court
must be reversed and the cause remanded with
directions, that judgment be entered for the
plaintiff according to the demand of his com
plant,
Ordered accordingly.