Delaware Republican. (Wilmington, Del.) 1843-1874, 1866-12-06

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the Office, and no one would do II as either the
receipt or voucher must have remained 10 the
office; my impression was that IL had been sto
len; that voucher was presented by some one,
think by Mr.. HillyArd, and paid; the receipt
was afterwards presented think by Mr.. Rob-
inson; did not pay 1t as had paid the vouch.
or; only issued these that the dealers could
obtain the money to buy more horses Mr..
Robinson never to my knowledge received
money on the receipt.
Gross examined by Mr.. Bayard, but nothing
new elioited.
John P. Hilyard affirmed and Testified to the
purchase of vouchers Of Mr.. Robinson, this enc
among them and 1t was presented to and paid
by Mr.. Gallagher. This was the voucher and
not the receipt. He had purchased other
vouchers but could not remember the names
Alexander Jackson, sworn. lu Dec. 1864,
was in Gov. employ as Clerk 10 the Quarter
| masters Office; am acquainted with Mr. Emmett
Robinson one of the plaintiff, This voucher
was In our office until Dec. 23d. 1t was not
issued by me from the Office; there was no diff.
| iculty until February or March; thea the de.
| PENDANT admitted having received the money
| on both these papers; before December Q, the
| defendant had put in 10 horses and the vouch-
| ers paid; on the oh OF December he put in
| others; alter that he put in some but after
the difficulty be never put in any on the 22d
| OF December he put ia len horses and three
mules and got his vouchers on the 23d.
Gross examiued.-- difficulty did not occur
until after the discovery of the mistake about
the middle of March; | discovered tue mistake
| when Mr.. aillyard and Mr.. Robinson presented
| a list of the vouchers bought by them In De-
cember; fouLd seven horses marked twice TO
Scott; thought 1t strange; had not made outoue
voucher for fourteen; compared 1t with my
book and found the mistake; that there was but
one voucher for seven horses aud a receipt for
| the seven horses the voucher was not issued.
Re-sxamined.-At the time of the difficulty
I directly heard, and now remember fully, that
scott admitted plainly that he, Scott, had re-
csived full payment on both, first the receipt
and then the voucher.
| Jas, Moore sworo-Was clerk In the Quar-
terma3ter's Office; know the parties in this suit
sometimes | had possession OF vouchers which
Mr.. Jackson gave me to hand out to whoever
might call Tor them; filled this voucher but
did not issue 1t to any one.
Mr.. Gallagher was Recalled to testify to a
check offered in evidence as the check of Mr.
Robinson Endorsed by Thomas Sect. Endorsed
check offered 10 evidence and Endorsement
proved. This check was for 3,7e5,so) The
check of $ll65 was not Endorsed and no. ad-
mtted. The admitted check was offered to
prove signature
The Court adjourned until o'clock.
Afternoon Session.-Court convened at
| O'Clock. The case commenced in The morning
was resumed and T. F. Bayard, Esq, opened
| on part OF the defence.
John Ferd, sworn-I reside in Cecil County
Md. about three miles from Mr.. SCOTS. Be
tween the 9th and TO- of December, 1854,
| gave into Mr.. SCOTS hands to pass tor mi
some ten government horses OF which sever
| were accepted. He took them to Shipley st.
| H. han lat in aVa an
| ing In his OWE name; was not there; the mex
day be passed another lot at Brandy wine; thes'
were his own; am not certain as to the number
this day was present; Mr.. Scott after passing
mine paid me; he paid me the money $l65. les
the percentage for each horse;he paid me cash
I did not keep books, may have made memoir
andum; Mr. RobiLsens was the only plac
where these vouchers or receipts were shavedi
Mr. Scott attended to this; never sold enc o
had one; | got Scott to attend to this as hal
more confidence In him than in myself ha,
seen horses he got passed that did not thinl
ct for Government services SO got him Il
pass all had.
Rngold Beck, sworn--Was employed I,
take horses up to Wilmington by Mr.. Scot
about December; had charge oil them; Their
was about the 9th or 10Th of December two
lots taken up; one lot was passed at Whining
ton and the other at Brandywine; think Their
were ten.
Gross examiued-Did not know about tn
Inspection of the ten horses but know | onl
saw three of them again and supposed tn
others had been passed; was not there at tn
inspection; l believe fully this was from 9th +
the 10th but could not tell positively.
Thomas Il. Wiltbank, .worn-Testlhed onl
to the taking up with Mr.. Scott ten head an
three we're rejected; this ives somewhere abou
the first part Of December, somewhere abou
the 9Th or 9Th; remembered the fact that
was about that time as he had just finished a
engagement with Mr. Reybold on the I'd @
December, and this was week after.
Pearce Eli, sworn-Testiied as to the form
OF receipts and vouchers and the form of bus
mess; he was a dealer and had number q
dealings at the office; the last receipt had bee
paid, Just like this one for $1,000. Before b
(Mr. Gallagher) paid it, he, the witness, wa
taken to a magistrate to swear he had neve
been paid before the object Of defence bein
to show that mistakes and Irregularities di
tske place at the office
The defence here closed and Mr.. Jackso
was recalled to testify as to the number
horses passed by Mr.. Scott, and the evidenc
here closed. Mr.. Gordon then entered upo
the argument in favor of the plaintiffs.
Mr.. Whiteley then responded on the part
,, the defendant. Az the conclusion OF
Whiteley's remarks the Court adjourned uni
? Tuesday morning.
Tuesday, Dec. AT 10 A. NJ, Court GO
! yened and Mr.. Bayard continued for defendar
Mr. Gordon followed and alter brief b
: pointed charge by the Court the CASE was Il
o with the jury,
=. At midnight the Jury in the above case
!, turned TO the court room and the foreman 81
t "disagreed." judges Houston and Woott
y present. Jury discharged.
y Joun Meaiey indicted for selling liquor
y Sunday submitted the case TO the Court al
!, was fined $40 and costs.
n The case Of - Ladomas va. The Del
Il ware Mutual Insurance Company. G. o. G'
It don, ESQ for plaintiff, and 4, +. Bayard, Els
10 the defendants. The books, papers, &C., OF I
o Company produced. Jury drawn. At Il
10 stage OF the proceedings Mr.. Bayard ask
70 leave to examine the books of the OompaI
10 and the Court called for the next case.
~ Columbus W. Taylor vs.. Downing & Pri
r. Charles B. Lore, Esq, for plaintiff, John
a. Patterson, ESQ.,, for defendants. This was
a. action OF assumpst to recover the price OF
is load of bark sold to defendants at AillerstoN
ID Perry Co., Pa, TO be delivered in Wilmingt
as Demand eI473 Il.
st The above case YVES not concluded at
time of going to press.
nd
ais Report Of the Grand Jury.-The Grand
y, were discharged on the 24th ult.; after iud
$50 Ioa true bills and ignoring 8. They made