, 1864-01-12
LAW INTELLIGENCE,

| LAW IATELLleERcE,
The Downing Case-Char,, -,
Obtaining Money Undcs.
False Pretcnses,
Records Of the cascs In the Dtacrep,
Courts.
Mr. Henry, of the firm of uoury. Antto.. ,
CALI, nasisted By Nj. Reed, the partner mi, ora1rs
| y assistant Of the public prosecutor. were an
| gagcd yesterday, before the Recorder n ~,
prosecution Of Benjamin F. Downtur. vs,
known resident and business man Of thts IT., ~ W.
tho charge Of obtaining money under falsc ~. ~
tentes. Some statements respecting this accnas
tloa against Nj. Downing hare already appea rcd
In the papers, but VIC think the following viii be
found to be, perhaps n more complete and imn,r.
published. 'sea
Some time In the summer OF 1862 HI. Edvf, .
Welsh, an old Baltimorean OF misrstorvhnb,t
who had been in buainess In Phiade]nhta- thar
in coVinston, Ky, and finally In one Of tho nr1n-
cipa1 towns in Iowa. came to Chicago with the a.
elared intention Of going largely into the nort
packing business. He brought such 1ottera NJ
Recommendation as enabled him 10 obtain ,5.
seiccsd an location IN the
BY the first Of November, had arEe nsckin9
honss, now eon1eaeedly one Of Tho finest In thaf
nea eepe'e sef benad lsd fa e ae qS
had several times found It necaas.H .ute ~ ~
recruit his finances, and lad tissafy tWice beto 70
~ho osns to- h taat end b M
other OF aye Thousand dollara, secured bT mnrts
gage on the premises, Arrangements borderine
BsTssa WIZ I'D a9a n '9s
hien Downing ss TO give his attention tS he
IN return third Of the profits, @~@''o
Matters were in this condition at thu finn ~ ~.
alleged swindlcs which furnished he rronni1 VOL.
ol me present prosecution.
des were induced to make application for s,tETo-
tions a. book-keepers, clerks, &c, with the Arm
Ma0es business as was soon to b
we1s required to deposit sans sne1f af
money, proportioued to tho responsibility OF tha
bGe5Gns bath seey wers to as security The
er for instance, deposited i've hundred doliars. t5f,
man engaged as entry clerk two hundred dnI}ars
5e9 WesS5 The soad
ING, were given for this money, and an acreenent
made With the employees who loaned it. that il
tations made to the persons whose services Were
thus contracted for, justified them In supposinS
that the term Of their employment was to con-
packing house they found that the machincry was F
not yet in, and that its condition OF forwardness
dia not justify the expectations that had boon held
Their suspicions were aroused by this circun-
stance They expressed their .lsfactioa and be-
came anne clamorous for their money. Bnt they found
war ~ 1vh7ch ~ Lo1 ,."iatl oFGs M me gaze
demands called out large quantities Of the most
9Iandly expressed promises, but not cent OF cash
ffmn fftc wnrf ~, +hn .n,cEin1 hnNs u eao mean
moet entiTely snsncnied and The ntosnerf ihat ~ a.
parties who bad invested theif %oass woad DE- ds.
Erees aid beau ess nnt nSeame m ,s ema ~ de-
end "a daitor ns, eitea 70 seeaTe ire Twelve thons-
S]1
and left Downing alone to sustain he IL indienstion s
money; wle eome ofthe iater thinino tpaa ~ e49ai
been sinlled, attempted to light temsclysss ls ~ b.
fba f5na ss9 9s Is claimed or the q
nroiecfed md carr;c ot "a Isr 80 I; eta was
entire good faith and that thc oy obstaele to to tn
eeot elsso u ~ vas a. extremely M stra
loan. ~''19S - @''' ADo' s''en 'or 'ae elS'ooo
Ills clsuse provided thu. If thu n sh,n,a
onec The mortrara eht snn1 ~ nca Ia1ast tae
due and nniess naTi The nrte."aa shat.i9 pecome
tcd to possessfon nf tn nronsrty enT.u ~ oa,5t
fjin,- amonnt and II sriden~oa ~ Is ~ II
placed On record The moees u whoaa ~ aaa 1eea
Enif hecn ayc;se1 t.. tha Waosg aVat1ce
crty, ayaiied hinscf Of this onoortnn1tr II 1pt
possession OF II TO The inter min 81 thn c1tc.,S
In the hands Of its protectors e'4''
The defence further claims that the machinery
was bought and hsif paid for and also III rss H..
stal!ment OF raw material III its manpfacturlnr
processes, when the iron hand Of The m5rtsases
cion of the cmploseea. 'nnt e1c''eo the suppl
The circumstances thus fsr proved in the case. ro
far to chow that Tho prosecuting witness as baiiy
sion ia hot fneytabIc ihat tia stzinr VA n1ri;ci
pated in by Mr.. Downing. From ali t,a. aoncars
.nt1s4 IT, the 1ten',oa ' 70 s!nds hare
Nesars Miller and sto4rs aze un cnsacd IL tbs d.
tenee.
suit Of ]. i. Reed CO agsinstHoIsn e ;Tba
e. has been on trial beors Juae Grv 5or ssvas
br9ueh on 'a ,sant0 70 tae 81 a Ints snit vas
ad 2 ,ss s dsla9aIt An1ga s r.
sss that ts the tssna e11 ads shssc mills i
in ErT ynrt marEet :" 80 ~. II isPu.a9n .IM N
list dcteudant had ire hin ei
He claims that fhn on- actns,ix lis ~
eil short Of this sautT thaf the foas ths,ah 6s
ndicated y tbs statcent tfgsa 70 ne G11ens
ID tto declaration. The verdict of the inrvW TH
&c announced tomorrow. 'sA>NA'' - ''o jury VIII
hitchcock for plaintif: 8, ". Fu1er for tbe d..
Jun1sp1cr1ox or rurus connr onos
ions ennnertci viii, tha n ,eta, - ~ ques
@cnyr ~ tho IIyftoI Et.Sna ~. .11 NtALu's /
IN to- ~ tha r-saant Soi5et, nSsu pcen otscessed
.;tv rhIn IL iast fs. ~ tae eon!!s o. tois
7nye n,ro,dv % S1ns .n .I" nf tne oi tacn We
'ernn tioe e iriro - inao my aaTeI. 10
nond on Saturday last, whether tie plea to a iu-
nee preclude hs defendant M 1ne om
enjoying the ease into The United States Court,
sas the 1rat question. Thl5 Was raised and flfa. |
ussed at length before Judge Gary Of lhe Superior
'onEt land was br him decided ii the affirmative
The second question came up before Judge
DrEmmond In the case of the United Etates fnr |
he use OF George UeLoyuaa ys James " DayId- |
on. Jamcs ". Davidson was formerly United |
States AarshAl OF the district and -tha snft paA
IL: Goudy, Counsel for the deiendaa @ nsd Tat LIZ
jurisdiction mnst be Determined BY The rtaI parties
States Vas only nominal party to the controy2r-
y, the Tea! party being tho person for whose use
he suit II brought. ue claimed that as It had
'ecn decided III many cnscs that tho Jurisdiction
ill be upheld where tho pb7ioec Of lie hnoi ia |
I.izcn OF the same State with the defendants, but
ae party injured citizen Of another State; that
ne converse or thie proposition must ueccs5ari1y
e true. ard tic jurisdiction fall where the party
init md the defendant arc both citizens OF
ne s1me State.
II was concluded by the court that the relation |
ueained by the United States TO the suit, was
urelr nominal. and that arr. De Loynes was the
ole party in interest, but Judge Drumronii
cid tiat It fair conclusion from the language
re act a 81 ss fhat the intention of that
Ibe The courts msts, Of the unitsa States. states:
y ne Guest1on was not without dtmcnlty, but
uch Was his conclusion from the whole Language |