The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1868-03-12
A CARD.
CHARLEsTowN, w. Va, Feb. 25.
lfaaara RJito.. No. T..

"We are authorized by Hon. JOSEPH
A. Chapline to say, that he is no aspir
ant for the Judgeship of this Circuit
and that the above assertion is fou
falsehood. Mr.. Chapline, unlike Mr.
Kennedy, knows he is unfit for the po
sition; though rebels know he has brain
enough to spare Kennedy some. Th,
Spirit has been harping for some tim,
about Renehan 81 Kirwin, why does i
not tell the people the facts-tell tina
the above firm are bankrupts, and Johr
w. Kennedy charged Mr. Chapline will
abstracting from the papers a note, anC
tell how he lawyered his case out o
Court several times by own ignorance
and tell. that Kennedy swore tn,
note was lost, after charging ChaplinC
with stealing it, and afterwards fount
the note in his own green bag |"
1t is not my habit to regard attacks
couched in language so incorporate; but
in this instance, perhaps. my failure It
do so might be misconstrued, or takeI
as tacit admission of its truth.
There are two things which will a.
once attract attention-the unprovokeG
nature of the assault upon me, and the
fact that it is made by the authority OF
a person whom the editors of the Union
style the Honorable Joseph A. Chapline
With that individual, for reasons
which / deem satisfactory, mean tc
have no controversy of this sort.
Any honorable man would have re.
piled to the Spirits editorial, if there
was any reply necessary, over his own
signature, and not shielded himself by
lplacing the Berkeley Union between
(himself and danger. leave him to the
fit cOmpanionship of the editors of that
paper, who think with him, that che is
unfit to be Judge" and of "those rebels
who know that he has brains enough tc
spare me some" ...
propose, briefly, to notice that por,
tion of the editorial which alludes to
my connection with, aud manage.
ment of the case of Renehan Il
Kirwin rs Jos. A. Chapline. And l only
do this that the "facts may be told to the
people"
On the 18th day of November, 1864
Joseph A. Chapline gave a check to the
firm of Renehan & Kirwin. merchants
in the city of Baltimore, for S6O7 ,25,
(for merchandise purchased by Chapline
of them,) and payable at the Hagers-
town Bank This check was ndorsed
by Reneh2n Il Kirwin and cashed in
Baltimore by Nicholson & Sons, Bank,
ers, and was sent by them to the Ha.
gerstown Bank for collection. 1t was
presented for payment at the counter OF
that Bank on the first day of December
following, by NJ. S. Barber, Notary Pub.
lie, and the Cashier of that Bank re.
piled that "Mr. Jos. A. Chapline had
no funds in Bank to pay the check"
1t was thereupon protested for non.
payment, and notice of protest sent by
mail to the drawers and each of the en-.
dorsers. On the 3rd of January, 1865
Mr.. Chapline paid on this check Sl56.2S
leaving, at that time, balance due the
firm of S453.19. This check with notice
of protest, was sent to me for collec
tion, and suit was brought rs. Joseph
A. Chapline to February rules 1866
1t was plain action of debt on a pro.
tested check.
Mr.. Chapline was represented by able
counsel who applied all the usual devi.
ces to put the case off from term to
term, until at last it became evident
that trial must be had. Then, when
all the honorable pleas were unavail'
ing, Mr.. Chaplne filed an oath under
the provisions OF an act passed Febru'
ary 2Sth, 1865. known as the Snitors
Oath" claiming that he ,raS loyal, and
asking an order dismissing the suit
against him if, in thirty days thereaf.
ter, the firm of Renehan & Kirwir
failed to file the oath required by the
act of February IL, 1865. The effect oi
this oath, on the part of Mr. Chapline
was to charge Renehan Il Kerwin with
being disloyal. If they could not file
the oath required by that act, Mr.. Chap
line would thus get rid Of the payment
of his honest debt. II
At the April term, 1867, the case was
ready for trial; but, when came to .ex
anime the papers, the check and notice O
protest lcere missing. The Clerk, Mr.. Viii
liam A. Chapline, made affidavit in writ
ing, that had filed the missing papers
with the papers of the case at the pre-,
ceding term. Like affidavit was made
by me, stating that l had made diligenI
search among my own papers and the
court papers for the check and notice o1
protest, and, failing to find them, be-
lieved they were lost.
The object Of these atlidavits, rs any
lawyer will see, was to lay the founda
tion for the introduction of secondary cv,
idence to prove their contents.
Upon the reading of these papers tC
the court, Mr.. Chapline Immediately
sprang up aad said "that he had no
taken these papers and had nothing t.
do with their loss" To which replied
"that had not charged Mr.. Chapline
or any one else, with the taking or los:
of the papers," and expressed my utter
surprise that he should deny the taken
before charge to that effect had beer
made, and remarked that "it looked sns
picious in view of this denial" ''
determined to go the jury upon
secondary evidence of the contents o.
the lost check and notice of protest
and when the jury was sworn offered 8
witness to prove their contents. To the
introduction Ufthis evidence, Mr.. Stau
ton objected. arguing that it was mad
missible. replied submitting authori
ties. The matter was finally submitted
to the Judge, who, contrary to my ex
pectations, decided that secondary evi
aence of the contents of theslost checl
might be given in evidence to the jury
but not that Of the notice Of protest.
Under this ruling, l was obliged t.
suffer non-suit, in order not to lose thu
case finally. = -I
1t was thus the case went out o
Court. Not by my ignorance as til,
Union, by authority of Hon. JOS A
Chapline, asserts. but by the ruling O
the Judge.
The records of the Court will show
that the case was never out of Court bu
1 that single time, So the assertion tha
l "ldpyered it out sererdi times" has nj
foundation in fact. 1t s-but another
evidence of that. brilliant fancy which
emanates from the '''spare brains of tn,
Honorable Joseph A. Chapline.
1t is aRtrHe that lever charged JOS. A
Chapline with Stealing" the missing
papers. And it is, consequently, uHtrH
that did so "after having sworn they
were losk'
1t is equally untrue that the missing
papers were found in my green bag.
They were found by the Clerk of tn,