Delaware tribune. [volume] (Wilmington, Del.) 1867-1877, 1867-05-30

counted 1t and handed It to the substitute; the
boy turned around and handed the money back
to DR.. Smithers witness asked what that meant
the boy said, " know him very well and he will
give 1t back to me when return from the army
witness said the boy must have something to
take in the army with him, to buy such little
things as he may need;' Smithers asked how
much he must have; witness said s2O where
upon Smithers gave the boy that amount, and
said he would keep the money until the boy re-
turned and the boy said If he never came back he
would never ask for it; witness instructions were
to receive the money and pay it over to the sub
stitute; the money must be paid before the sub
stltute was mustered in. While the substitute was
being mustered and examined the room was kept
clear of all except those employed in the office,
the substitute, the principal and the broker.
Cross-examined. - Was engaged in no other
business at that time; was Deputy Provost Mar
shal from May 2Sth, 1s08 to April 80, 1865. At
the time of the payment of this money, besides
the officers of the office, the boy and Dr. Smithers
were present, and possibly Mr.. Reynolds; knew
the boy by sight before he was mustered in; wit
ness never told Smithers In the presence Of Mr..
Brown that lie remembered nothing about the
case.
John Stradley swon.-Was a clerk in Provost
Marshal's office was in the office when plaintiff
was put in as a substitute; remembered that the
defendant came in company with Mr. Reynolds,
and put the boy in; saw Smithers hand money to
gilbert and Culbert hand it to the boy; some of
the money was handed back to Smithers; did not
know how much; 1t was q rule Of the office that
no substitute was TO receive less than $500
smithers said he would keep the money until the
boy returned said the boy belonged to his father
in-law Mr. Reynolds knew Ennis Jones, he was
enrolling officer Of West Duck Creek lid.
Chas Weldin, sworn.-Was engaged in obtain
ing substitutes for drafted men they got from
800 to $1,000; they were bound to pay substitu-
ties $500, and as much more as was agreed on;
did not know of any two or three year substitutes
who got less than from $3.50 to 800.
This closed The testimony for the plaintiff, The
witnesses for the defendant were then called.
Joseph Reynolds, sworn. = Resides in Duck
Greek Hd., Kent county; knows plaintiff; he
lived with witness 10 or II years.
| Mr.. Spruancc here offered a certified copy of
indcntures binding the boy to Witness in evidence.
Mr.. Nields examined them and raised the ques-
ton as to the authority of Justice of the Peace
and Trustee of the Poor to bind a child
The Court decided that the statute did not au-
thorize them to do so, and that if the original pa
per there, it could not be offered in evidence,
SO of course copy Of 1t could not be.
Examination of witness resumed.-Hc held the
boy as bound boy, and thought he was bound
to him. The boy was anxious to 20 to war; ran
/ 70 On az
seeing some soldiers, he came in and said "My
Lord, don't know what to do; / don't want to
run away from Mr.. Reynolds, but want to go
mighty bad After the boy had run away and
was brought back, he talked about going as n
substitute for Mr.. Smithers. He said lie would
|, like to have $40 for spending money until he
commenced to draw his pay. 1t was understood
! that the boy was to get $40, and that he Grey
nolds) was to have the $500 which should be paid
by the State. He went with plaintiff and defen-
dant to Wilmington. gilbert was not there al
that time Stradley was there. Not one wore
+, was said about money. Mr.. Smithers did no
hand any one $500. After the boy had signed
Smiihers handed him 800, and the boy did no
! give any money to Smithers Nothing was sale
about Smithcrs keeping any money until the DO,
Il tuihC baSh. hilCi tuC pupSiS niioWh HUI pcti
executed witness went and drew the none,
(s50O) from the State Commissioners Wtnes
put in another colored boy as substitute for hi
r son, and Mr.. Culbert and DR.. Smithers were bot
present at the time.
e Cross examined.-Was up with the boy ono
r before to put him in for Mr.. Smithers, but til
: boy was not taken because lie was not tai
1t enough. This was two or three or four week
d before he was put in. Does not recollect VIII
was in the office at that time. The other boy pu
d in for witness son was paid SIS. Witness pal
d it. Witness received the $500 from the Stat,
d That boy was named Andrew Burk. Witness wa
1t with DIR. Smithers and Turner all the time til
ID latter was being put in. In answer to questio
ID by Nields, witness said "0n my solemn oath
t. say DIR. Smithers paid no money to the boy c,
ut cept 500"
Is Re-examined by Mr.. Spruance.-Next saw til
st boy in the spring of SO. Rather thought he la
d. on soldier clothes at the time but he was not
g. soldier
e. Ennis Jones sworn.--Resde in Smyrna, WI
rs enrolling officer of Z. Duck Creek Hundre,
I'd Was present when plaintiff was put in MS subst
g. tute Did not see gilbert there When the be
el money the boy should get. Smithers handt
nd some money to the boy who put it in his poke
Ter Cross eyamincd--Had examined the boy on
u.s. before and said he was too short. Rememb
as this boy particularly because he had been reque
se ed to get him through He had peculiar faciliti
lel for doing so as he could pass the guards al
d. when he put the boy inside tell the guards not
ell let him out thus preventing any substitute broi
from getting hold of him.
me Samuel j. Reynolds sworn.--Is a son of fl
lor witness. Brought the boy back when he r
en-, away. Heard the boy say he would go Tor
or Smithers and take So
Nathaniel S. Brown sworn.-Was in Culber
store with Smithcrs. Heard Culbert say he KIN
,o,. Smithers had put the boy in but did not RENE
no. Der much about it.
al This concluded the evidence. After lengi
;o,, arguments by the counsel and charge from
Chief Justice the case was given to the jury "
80, brought in verdict of $3.50 and costs In fa
to of the plaintiff the colored boy. The case oc
, n pied the whole day.
r. FRIDAY.
g.. Geo. w. Tindall Us. Peter Coyle Gordon
plaintiff, Bayard for defendant. This is a
,,o brought to recover balance due on account sta
Far for work done on defendants house at Bran
;oo wins Springs, and also for the price of luml
The defendant claimed by way of set-off the be
a.. a. of Tindall and his men. After argument
sos, counsel the jury brought in verdict of $50
g.. full amount of Mr.. Tindalrs claim.
1orn The next case was an appeal from the j.
avid ment of referees. 1t was that of Maxwell
for Ochletree Us. Samuel Yearsley. Bayard for pl
tiff and Gordon for defendant. 1t was
Pro- brought to recover the value OF services rend
hal; as real estate agent by plaintiff in selling
ring PENDANTS farm. After hearing the evidence
DR.. Gordon moved for non suit on the ground
be this was an action brought for the value