The national Republican. [volume] (Washington City [D.C.]) 1866-1870, 1867-06-11
II1E NEUTRALITY-SUSPICIOUS. TUESDAY MORNING. JUNE n 1887

I, | S"s-ees ffesoytsFy met last evening n
the Seventh Street church, ssreesbIy 10 al
Journmsnt, to receive the report Of the coupse
LOT the prosecution In the case Of Messrs Horror
ana ohufoh; Two elder, In connection with In
Pas. propsrty, Rev. MI Mccampbel, mode :.
tor, in the 'hsir, with Rev. John Chester .sssre
KsvaDn Baird, o. counsel ,sr An. . ~ :.
submitted the following paper; " ~ '''s1 -
The pndsrsignsd, counsel for the prosecution
beg leave to submit the following ststemsnt. on
nat wednesday, Mr.. Fowler being unueiI. went
In hi, stead to SEQ Mr.. D, D. Foley, eouuseiIor
Miaw OF this city, with q view to secufe hi,
testimony; Mr. Foley made me itAtsmsnt, X
| We following saseta That shonly after the death
OF mrs. Page, Mr.. Psge dstermipsd to appro
PIRATE some portion Of his property 70 bsusvocu,
purposes, and, undsr the advice or the Rev. Mr.
OampbslJ. concluded 10 make the Seysnth Street
church his benehciAry. In pursuance Of thi,
intsn,ion, Mr.. Heron had drawn up deed q
assignment upon which Mr., Page consulted him,
Mr foisy. Tbs latter vas aware that Mr.. Page
WA lAboring apder depression Of spirits al the
time, resulting from the death Of his wife, diih.
culties with his children. and the spprebsnsiou
that he himself was about 70 die; thai be was Of
changeable disposition, and Iiksiy 10 view these
thinss dihsrently snsr . little. Ne, therefore,
pointed out to him that II he should, sign the
should he BE- reconcilod again 10 his children. he
would be unable 10 alter the ,disposition thus
given 10 this property In their favor. He there.
| foro advised Mr. Page mol 10 erecuts the deed
but merely 10 give Mr.. Heron power Of sttor.
| ney, 70 enable him, In 90 operation With M
roisy' TO manage the bnsineis under tho diree.
tion and CONTROL Of Mn Page who va, in a state
Of health unattlpg him TO attend persou.,iy 10
the hnhinsss Ne p-s. 81 ssss adopted The sue
sesuon thus given. and gave NJ. u.rrea rs-.-
The original intention Of Mr.. Psrc In this mat.
tar - a IN al n. .k.s. u
paying oertain inoumbrances on the property.
And although. By merely making Mr. Heron bis
attorney, ho desgnedly retained the ultimate de-
oision In hisown hand, he still hold the same In
tenticns. and expressed u 10 the instruction,
contained In The power Of attorney. His views,
nowsrer,in thihrs'psct. gradually underwent a
change, Iesuling partly. from o reconciliation
which took place between him and bis children,
ana partly In contequeuce OF dissppoint mont
which he expressed In the degrees Of advantage
which be had expected to realize from the scr.
vices Of Mr. Heron and he interest he expected
the church to take on his behalf .r-'
ne hereupon. made will, In which he d..
rected that, amer the payment Of bis debts, the
n1sd sum Of $4,000 should, 20 TO the Seventh
church, and the balance to his grandchildren,
share and share Alike He thus deauitlysly
abandoned the idea Of giving the church resid
uary interest and subslituted therefor the fixed
sum above stated. This was number OF months
ceiled, and therefore considerably greater time
before, the purchase by Messrs Heron and
Church.
Mr. Foley further stated that III. prop.rty
was once sold BY Mr.. Heron for an aggregate Of
some $50, 0oo but the sale was snuulied, 70 con.
sequence OF an unsupported cloud In tho title,
which was, with difficulty and delay reotided at
m expense Of $1,000, and that, shortly before
the purchase by Heron and Church, Nj. Walker,
then resident on IT, applied 10 him tFoley) TO as
sertaiu at what price Page would seli Ii, aging
he wanted to exchange It for n farm in the eoun.
try, and seeming eager 10 got 1t mt $40, 00O
which he (Walker) named. Foley told Page Of
this, and advised him to stand on s23, 600, a. he
vas Of the impression, from his manner, that
walker would give 1t. Page, theTeupon asked
Us, 600, and Walker at length agreed TO give Il.
rage came again and again to FoIey's Office to
meet Walker and oonsummate the contrnot, but
waller failed TO bring the monsy, and the sale
to seli for $40 ooo--tho property being In danger
Of being sacridoed under legal processes which
were about To DO enforced.
Twas In these circumstances that the property
was purchased by Horror and Church.
Mr. Foley further stated that In tho earlier
stages Of this business Mr.. Page, he had no
doubt from language used By him, expected to
realize personal advantages to himself and his
business from the interest which he supposed bis
designs would elicit from the friends Of the
church, and that he probably took no pains
therefore, to make known the change which had
actually taken place In his plans on this subject
That Mr.. Page unquestionably gave Mr.. Camp
bell reason to believe that his purpose was to
give resdusry interest to the church. In their
earlier intercourse on this subject, and that he
was very likely to have left him siterward with.
opt any explanation Of his change of plan.
From this statement Of Mr.. Foley, tho conf
DENTAL and legal adviser OF Mr. Page, than
~ M oil Il. L-AA +
formed on the sabjset, the following conclusions
sPpsar to be Legitimate: 49,, =.
l.. That Mr.. Page did purpose to give the
Seventh church Q residuary interest In his prop
Ferty In this city, and so Informed Mr. Camp.
bell. s VIII -
I 2. That with this view he, at Mr.. CsmpbslIs
suggestion, consulted with Mr.. Heron, and had
him draw up . deed Of assignment tho effect
Of which would have boon to make that inten.
ton irrevocAble.
8. That for the purpose Of keeping Tho whole
subject In his own power, no set aside the deed
Of assignment, and instead thereof gave Mr.
Heron power Of attorney, with q salary, as
was thus in fact, the business agent Of Mr..
Page alone. employed and compromised by him
for doing hi. business under his direction.
4. That whilst tho whole circumstances Of the
TRANSACTION might we'll have led Mr. Campbell to
form 4 different impression; yet, In fact, Mr..
Horror never was, In any sense, or TO any degree,
the agent or trustee Of the church, but simply
and solely an employee Of Mr.. Page, bound
morally and legally to consider, hrst, the In.
tsrests Of his employer and fulfil his instruo-
tions. sd
5. That at the very Arst Of Mr.. Herron's
agency, Mr.. Page 90 far modified his purpose as
to retain control over the whole matter, In view
Of the possibility that no might wish to admit
his children to an interest In the property.
0. That he did actually change his original
plan, so as to give the residuary interest to the
children, which hs had At 6rst designed for the
church, and assign to the latter by will specific
sum Of 1000, and that this change took place
some months before the purchase Of Heron and
Church.
7. That tho property was so deprecated by
various causes at the time whom Heron and
Church made the purchase, that II was probably
for IT, and had 1t sold for more there Is no reason
to believe that the church would have been REQ
OgniEsd as entitled to the balance.
3. That upon the lacts AF thus set forth, there /,
appears nothing TO forbid the Purchase by Her. |
ron and Church, and by consequence no just rea. |
son TO impeaoh their integrity in SO doing.
The Presbytsry was most earnestly impor- |
tuned for time 10 bring forward Mr.. Foley, the |
witness from whom the above statement was re.
ceived. But II refused to allow even q single |
day for the purpose. Tho undersigned can only, |
therefore, make this statement, to which he
pledges his yeracty. As 10 every essential point,
and to the best OF his recollection and belief In
every detail II strictly Roeords with the account |
given by Mr.. Foley to him, and by him to the
prosecutor. II was this information received
from me which determined Mr.. Fowler 10 with
draw the charges at our last session.