The Caledonian. [volume] (St. Johnsbury, Vt.) 1837-1867, 1864-02-26

'dte marx OF my own was also on the fhlta-
delphia note.'
WELL said, In accepting your case l
am bound to believe your statement; bat a
court and jury are not, and will not be likely
to do SO. You will have probably to pay the
money in the end, and it would be well to
do it without the expense and trouble of a
suit
1 don't intend to pay money twice; at
least, not if | can he'll it, said Evans
Something may turn up meanwhile. Fight
them
very well. AS have agreed to take your
case in hand, fight them we will; but you
have neither force nor material for contest.
1t is simply your story against evidence oral
and written
knew MIR. Schermerhorn, the sole execu-
tor, very well. He lived in the same block
that did, and | determined to drop in anu
see him after dinner, and discuss the matter
in friendly way. 1t was quite unprofession-
al to do this, of course; but the whole case
was exceptional. | found Schermerhorn to
be frank and communicative.
1t is matter Of personal Indifference to
me- said he, and if it looked even fair,
should make mere show of opposition
But don't believe a single word of Evans
story. Between ourselves, your client is a
very silly and Improbable piece of roguery.
lie is too sharp fellow to have left receipt
behind him, even if he took one upon a
loose piece Of paper. But that isn't the way.
He would have brought his receiptbook- -
The claim is an after thought on hearing OF
Preston's sudden death
But l suggested, how does it happen
then that the receipt, even If unsigned, was
found among Preston's papers
That is not easily accounted for, but it
might be. Evans might have left it then,
Intending to pay the money but neglecting
! it, or might have left it before. At all events
it proves nothing for you. For there is Van
Buren-an upright man Of unimpeachable
character-who.is ready 10 swear that no mon
ey was paid that night, and no receiptpassed
| He was with Preston when Evans came in,
and remained with him after he went, until
he was attacked with the apoplectic fit. You
won't gainsay his evidence"
| Il am not so sure Of that
Not SO sure. Why, man, you can only
do it on the supposition that Van Buren, him
sslf pocketed the money. and then blew the
Signature away--for it shows no mark of an
erasure. That would be absurd.
Improbable, possibly, but not impossible,
and so not absurd
Yes. absurd. y he rejoined. For why
lot destroy the receipt when the money was
taken p
| felt the force of this. | was worsted in
the encounter, AID withdrew with the con-
vic,ion that my case was desperate. Before
| lef;, said:
Il am instructed, and must make what de-
fense l can. Will you have the receipt at
trial, or put ME to the trouble of compelling
its production y
No need Of process. The receipt, as You
call it, will ne in court; but it is useless to
you, as you will say yourself whenever you
see it,
Time slipped away. should have nearly
forgotten The case, until it had gone through
its routine. took its place in the calendar,
and had its day fixed. But Marsh kept il
before me, always having discovered, weekly
or oftener. some important point, which
amounted to nothing, or conceived some apt
suggestion, which turned out to be of nc
value | understood and overlooked thi;
medaling, on account of its object. 1t gave
him pretexts for more frequent visits to Ev-
ans daughter.
Was no longer young, but looked on &
lovers expedients with forgiving eye.
The day of trial came. The plaintiff who
had very able counsel, was ready; and sc
was |, for defendant, though could see but
very little chance of success.
The plaintiffs counsel. Mr., Demarest, open
ed with succinct statement The defe dan
had collected rents to the amount Of eighteen
hundred and sixty-fve dollars, as the agen
o of Clarence Preston, now deceased. He hat
neglected and refused to pay this over, ant
q for this sum, now due the estate, suit wa
brought.
0 The leases were brought t, show the amour
of rents, and these admitted to save time
: The tenants were brought forward with thei
receipts to prove the amounts were actual
r paid to Evans except in one instance wher
e tenant was out of town. There his clerl
! was sworn, who witnessed thei payment ant
signing Of the receipt by Evans-for it wa
j. for three hundred dollars. On cross exami
nation be admitted he had not seen tn
| amount to count it, that was actually paid
6 but saw his employer pay money in gold t
: Evans, and brought the receipt-book himsel
d for Evans to sign receipt, which he, tn
II clerk, had written for three hundred. II
mad been instructed to write one for tha
l. amount in the hearing of Evans.
The plaintiff rested his case, and opene
o for the defense. My statement was what tn
reader expects; but We denied having recei,
S. ed so much, as We had allowed one tenau
the one whose clerk had testified. forty fly