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

lloui luC Ouoo opo AooIueE Dduk tuC ouo0us
required, excepting the hundrsd-dollar bill
named, having deposited the rents there,
from time to time, as he received them.
A sharp cross examination now commenc-
ed.
Now, SIR said the opposite counsel, you
have stated that receipt was signed on a
loose piece of paper. Who drew that receipt
up?'
L did,
1t was entirely in your handwriting them
Yes, sir, all except the signature
How many such receipts did you write p
Only one.'
Are you positive of that?'
Quite positive
The counsel here produced manuscript.
1t was the blank receipt found by Schermer-
horn. He showed it to Evans, SO folded that
the place for the signature was concealed.
Did YOU ever see that paper before"
yes, sir, twice Once when Mr.. Preston
signed it, and once since, when Mr.. Scher-
merhorn showed it to me-
when Mr.. Preston signed it. You be-
lieve Mr.. Preston's signature is attached to
it, then?
No, sir; because l have seen it since
! without signature. But it was there
Could you not have been Mistaken
No, sir. l wrote the body Of that receipt,
, and saw Mr.. Preston sign it. There was no
blotting paper on the table, and l let it e
there to dry That was how l came to for
get it,
WHO was present when the receipt was
given -
Mr.. Van Buren, yonder.'
DO You think he saw the money paid p
Certainly. He spoke in such way that
he must have seen it.
will you detail that conversation?
Substantially. | said to Mr.. Preston that
Burnes, one of the tenants, had paid me in
uncurrent money-that hundred dollar bill
on Philadelphia bank. Van Buren said,
1t is SO small shave, Preston, that you
can stand it, Nh Preston laughed and took
the money.
And you positively swear that such con-
versation substantially took place on that oc-
casion"
L do
Now. sir, le; me put hypothetical case
to YOU, anu ask you if it be not possible that
it mig not have occurred. Night you not
have written this receipt, and then have felt
disinclined TO pay at the moment? Did you
no., in fact, excuse yourself from paying on
the ground Of dilatoriness on the part OF
tenants? -
No, sir " returned Evans, Indignantly
!. paid, as | have stated, and took that re-
ceirt.'
But that receipt has no signature
Il know it, and l can't account for it. But
it had. That is certainly the one | wrote,
and which Mr.. Preston afterward signed in
my presence. particularly identify it by
two flaws or specks in the paper which l
noticed as wrote the receipt for the sigma
ture, ond which are Ahere now
You have an excellent memory said De-
marest, dryly. You bank at the Shoe and
Leather?'
Yes
'Are you not in the habit of paying your
collections over in check drawn to the Or
der of parties?'
/ Yes, sir; but Mr.. Preston always seemed
to prefer that should bring money
Did he tell you so -
! No, not in words
This, then, was an isolated instance:
! Yes
'Ahr returned the counsel. you can
stand aside, sir
Evans still fingered on the stand. The
! jurymen looked carelessiy around the room.
Some fidgeted in their seats, others yawned.
They had evidently made up their minds,
and adversely to US. | was too Well read in
jury nature not to perceive it.
Are you through, sir % said the judge to
me.
! Yes, SIR But here an idea struck me-
Stay moment, Mr.. Evans. 1t is possible
that on closer examination some of your tes.
timony may lead to an explanation of one
or two doubtful points. Let me have that
receipt
1t was handed me.
'Are you sure, sir, as to the mode of sig
nature? Is it not possible that it was sign
ed in lead pencil p
Not at all leading that question: suggest
ed Demarest; but would not hear the i'm.
piled objection.
NO, sir, persisted Evans. 1t was sign
ed with ink, and that is Why l left it on th'
table to dry
;; looked at the paper carefully. 1 coule
find no traces Of signature by the eye; bu
on passing the end of my little finger owe
; the spot where the signature should have
} been, l thought could detect slight rough
ness. mentioned this, and suggested if VI
had a magnifying glass such as engraveri
use, We might discover whether there ha(
, been any erasure.
: Send fer one, then, by all MEANS sais
the judge. Il am disposed to allow all th'
, latitude admissible in the case.