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

W uUe lucy ~eIt CouSeISluS I1N6us NaS ob-
nounced. He came in, and after some pie
liminary remarks, sat down and wrote q re-
ceipt, which he believed was the one pro-
duced. After he had done so he said that
the tenants had not all paid up, but as he
expected the remainder on the next day he
would wait and MAKE one payment of it,
To this Mr.. Preston ,,cceded, and after some
Indifferent remarks Evans left. Van Buren,
sat on, continuing the conversation. When
Mr.. Preston was attacked with apoplexy, the
lawyer alarmed the house A doctor came
but could do nothing efectual for the relief
of the patient. When the latter died Van
buren gathered the papers on the table, and
thrust them into long, narrow drawer in
the secretary, which, with the rest, he sealed.
He believed this receipt was among them,
but he did not examine particularly. He
sealed the papers because he had drawn up
Mr.. Preston's will, and knew that it contain
ed recommendation to the executor to con-
tinue him (Van BUREN, in the service of the
estate. AS to the conversation detailed by
Evans it never took place. He saw no such
note as described, no money paid al all, and
no receipt signed by Preston. His testimony
was clear, prompt, and decided. 1t seemed
conclusive.
The executor next took the stand, and
identified the blank receipt as one he had
found in the narrow drawer along with other
papers. Mr.. Van Buren was present when
the seals were broken. There was no other
receipt. No such sum of money, nor any
notes answering the description. had been
found in the house, nor on the person of Mr..
Preston.
The cross-examination of both these wit
nesses was Intellectual in varying their sever
al statements.
The case rested. Marsh did not return,
but the optician came himself with small
glass, and an envelope directed to me.
opened the latter 1t contained a hundred
dollar bill and slip of paper, on which was
written:
Examine the bearer about the inclosed.
Delay the: case until my return. l am of to
Jersey City for an important witness. Hur-
rah for success and Kitty
smiled at the closing words, examined
the bank-bill and held my peace. ! then
made close and tedious scrutiny Of the re-
ceip, with the maSnifier.'
well, Mr.. Latltat,' said The judge impa-
tiently, what DO You make out?
Il find traces of signature, your Honor,
was my reply. The iI.k has been skiiliully
and carefully removed, l think; but the sig
nature has been written with a steel pen, and
the strokes have indented the paper
The receipt and glass We're passed, firstly
to the opposite counsel, then TO the jury, and,
finally, to the judge. During the examina-
ton l conferred with the op;ic:an apart.
His story was clear and brief.
When Marsh came for the glass he recog-
nized him, having seen him at my office, and
said TO him.
L owe Mr,Latitat hundred dollars and
an apology for not having sent it before. |
have a Philadelphia note here-good but not
current-if he win take it.
Marsh was on the gm rire for Philadelphia
bills, and with some remarks about lawyer
fees not being always paid in current funds,
took the note in his hand To lis surprise
it was on the Mechanics Bank of Philadel-
phia, and on its back were the initials j.
iY.C.'
Where did You get this y he asked.
From the Jersey City Bank was the re-
ply.
Marsh explained the case briefly to the
optician, who promised to go into court with
the note, while the young man would en-
deavor to get the proper bank officer there
as quickly as gossible.
There was not certain connection in the
evidence as yet; but it strengthened our case
nevertheless.
The receipt and glass came back TO me.
The jury were evidently satisfied that there
had been a signature but whether that was
Preston's or no: was an open question. The
counsel for the pl intitf, after short confer
ence with Van Buren,, intimated that the
writing apparently erased was by the same
hand that had written the body Of the receipt.
Evans sprang to his feet at the imputation
| in great excitement; but | Gained him.
then asked permission to reopen the case on
the part of the defense. as testimony of the
utmost importance had beea unexpectedly
found. The opposite counsel demurred.
was as prosy as possible in reply, SO as to
gain more time. The judge grew impatient
again, and cut NE Of.
That will do, Mr.. Latitat. In case in
volving character-and where there is mani
fest perjury somewhere-there can be nc
hesitation. Produce your Witness
recalled Evans, who identified the uott
as one he had paid Mr.. Preston, not only b.
the initials of the tenant, but by his own, il
minute letters, and in red ink, with the dat'
appended which he lad made on its receip
on the face of the note, and which would es
cape notice except upon close inspection.
When the optician took the stand turnec
to look for Van Buren, but that worthy gen
tlemen had left the courtroom. The not