Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1867-05-07
LETTER FROM LoUpoUN COUNTY.

LEEsBURa, VA, May 3, lS67.-Our Circuit.
Court will adjourn tomorrow morning, after
session of twelve consecutive days.
A great many chaucery orders have been
entered, and the common law docket complete
~ cleared, or very nearly so.
Great interest was manifested in the trial OF
case or cases rather Of John IT, Morris
against Tazewell Lovett and his endorsers, on
some negotiable notes, payable at the Farmers
Bank of Virginia, at Winchester.
The original note was given Tor $500, put
on the 18th of November, 1861, it was reduced
to $1,000 and was then protested for non-pay
ment; Thompson Osburn and John Jones, jr.,
(the latter now dead, being the endorsers. =
This note was The subject of correspondence
| between Morris and Lovett the former az late
as the 9th of January, 1862, urging Lovett to
pay it, as the bank looked to hine for It,
Lovett thus importuned executed to John
G.. Morris another promissory note Tor $1,000
with John Jones, jr., the only endorser. Ihis
second note was executed on the l7th Of Feb
ruary, 1862, and was protested at maturity in
| March, and taken by Morris from the WIZ
chester branch of the Farmers Bank, which
had removed its Office to Farmrlllc, under
Richmond Legislature law.
Morris brought suit on both notes against
Lovett, as maker, and against Osburn, as sur
viving endorscr, and John Jones's admlnlstra-
! trix. The record in the second case was brought
/ into the trial of the first case as part OF the
! evidence.
For the defence it was contended that the
II - \ E,sf- npto md
that being 50 it was paid Oft IN part by the
payment by Lovett of $500, for which he held
| Morris's receipt, on account OF note due to
| him, not to the bank, and then by payment
into into the mother bank II Richmond of 81, 800,
in 1864, to discharge the principal Of the note
due to the branch bank then at Farmville.--
Two points Of law were raised: lst-That this
Dayment by Lovett did not come under the law
| lust namod, because the branch ut Winchester
had been removed to Farmville, which was
| within the Confederate lines, while the act
provided for said payment to the mother bank,
| when the branch was outside of the said lines
| 2nd-That the payment was not good one
unless reported TO the branch bank, and as
senied To by it.
The case was ably argued by T.. Y Conrad
and j r. Tucker for Lovett, and i. w. NJ.
Holiday, Epla Hunton and NJ. Harrison for
! Morris
The Judge decided both points ia lavor Of
Morris, or that the payment was not good
| one.
Morris testified, iu the matter Of the second
note, that on the llth of February, 1862, John
Jones met him in BerTyville, apologlzed Tor
himself and Loyelt, about not having removed
the note and promiaing to do 80 very aoon.,
Morris, alter writing his letter Of the 2ith,
L 4 a.. mi. t,cJ
in Virginia bank notes from his partners IN
Richmond, and, getting an lnklioGg OF the prop
| able evacuation of Winchester by the Coined
crates, was willing not only not to collect, but
even to lend him $4,000 more He said Jones
came to his house on or about the 18th OF
| February with this note, and told him II he
| was not Joking on the matter he and MIR. Low
| EFT had concluded to take the money, and this
| second note was given for So, 900, paid in Nlr.
| GINA money, then and there, in his own house,
| to John Jones, jr. His brother-n- John
| Smith testified to seeing John Jones IN the
house of Morris, and to the further lacts that
John Jones passed printed note to Morris in
exchange for old looking paper money, which
he supposed to be bank money. The date was
fixed only by memory, with no book items or
dates to strengthen it.
The testimony made very atrong case Tor
| Morris, but Logett was recalled, and rebutted
| it by swearing positively that the note vas put
| by him in letter, which was deposited in the
post Office at Round Hill, in Loudo nn county
and VIM r. Jones swore positively that, from
the 9Th of February to The 9th OF March, 8G2,
| he was at home nuraing Il sick brother, whom
he had brought home from the army, and that
John Jones, his brother, came down every day
during that period, and stayed considerable
time with the sick brother. This testimony
strengthened, and with the letters and other
circumstances not rebutted, was conclusive OF
the first case, the Jury thinking that the second
was renewal of the first note. The second
case was to have been tried the next day, and
some witnesses we're summoned to testify as to
part of w. r. Joacs's testimony, but the
witnesses for Lovett, supposlng it was all over,
went home and when, one day later, they we're
brought in under an attachment the case had
been compromised by Lovett agreeing to pay
S12 SO, and each party to pay his own costs.
This, [ believe, was Col. Holiday first APP
pearance at the bar of Loudoun, and his man
ner and matter both seemed to be highly ap-
precated, helped along as they were by that
most eloquent Of all gestures, an empty sleeve
1t showed here this morning.
The white people Of Middleburg and its
neighborhood transferred good stone church
| methodist Episcopal) to colored trustees, for
mer slaves of some of them, for their exclusive
use. This was done in community in which
there we're few, if any, who did not sympathize
with the South in our late struggle, and is
another of the many proofs that meet the eye,
and challenge the conviction Of all candid men,
that the former masters are the present best
| friends Of the late slaves. ALIQUIs.
A WARN1NG-A dispatch from Charleston,
S. c., says that Senator Wilson, in his second
speech, there, referring to some limitations he
had heard of that oolored men who vote with
the Radical party may lose employment and be
turned out Of their cabins and holdings, said
that would he the first act toward confscation
if it should take place. He thought it very
likely that Congress would regard il as viola
ton of the reconstruction law, which contem-
plates the free exercise of manhood suffrage,
and would conGscate the property of men SO
offending He himself would support such Il
measure but if the reconstruction act was
carried out fairly ard impartially, and proper
| Il