The state rights democrat. [volume] (Albany, Linn County, Oregon) 1865-1900, 1871-04-07
AoUertisensent.
A CARD FROM Mr.. ELI CARTER.

A CARD FROM Mr.. ELI CARTER.
Ma. EprroR MAY ask tho favor of . small
space In the columns Of your valuable journal in
which to make statement Of facts In regard TO
the suit which was tried at the late term OF our
Circuit Court, between j.. b. Comley and Eli
Carter.
The circumstances ont Of which this case grow
were these: On the 18th day Of July last pur.
chased from J. b. Comley the undivided one half
interest In his Planning Mill, including the mill,
it's fixtures, machinery, etc, with the ground up.
on which IL stood. This trade was the result Of
several days negotiation, during which time Mr. |
Comley stated TO nc that be had n half interest
in . lot Of doors, sash. moulding and lumber in
and about said mill which he would like I
to sell me. alec, If be sold tho mill, and there /
was some talk about the quality Of lumber, num-
Der Of doors, &c., and as 10 the price he would /
a,k for IL, and we had, some time In the early I
part Of our talk shout trading, counted the doors
and sash to see about how many there were, but |
never took them from the piles which they wero |
in or examined them TO see the aaality-Comlcy |
asserting that they were No. l.
When we made the trade for the mill Mr. John |
Parker was called 10 witness the contract, which |
stated TO him In ComIey presence and to which
@. assented. think said 70 cofnlsy, "What |
shall We say about the lumber. doors, &c.7 We
have said nothing about that" Mr.. comicy re- |
Piled, mo difference about that; We will FIX that
up ourselves hereafter" We passed our deeds
for the mill property the 20th, and took pos
session Of the mill and entered into co-pn.tDcr-
ship with Mr.. briggs, Comiey's partner. and the
woTk I'm the mill went on as before. except uBder
the new firm nams Of briggs Carter. Mr..
Sloan, who had been and still was running the
mill, was instructed TO keep account Of any 1um
Der which might be used, so that proper settle
mcnt of that matter could be made betwees the
| old and new firms when the matter arranged
between Comlcy and myself, ss MI parties then
seemed 10 think IL would be. ] thought 20 N.Y.
r. wfnv tx..r r.u t~Jl< l<~I -
making the terms concerning the lumber trade
20 easy that could not object TO 1t; and he was
! talking Of buying span Of ponies and buggy
| and perhaps some furniture which had for sale
| and which he said he would look At when / re-
moved them 10 the placs which / bad rented
/ from him. This was on Thursday, the 10th. /
| had further talk with him concerning ths
lumber until the 27tb. that day moved my
| horses and buggy 70 bis place, and, finding him
at the mill, asked him to 60 and look at them.
| While going across the yard to whero they were
said M. Cornley, IL take .his lumber and
stuff what time arc you going TO give me on if?''
He said, "oh, We will not differ about that. I
will give y0u reasonable time" And that was
| all get from him about IL. He looked at the
borses and buggy. and asked my price, which /
| gave him. He said he did not think be would
want the ponies. but thought IL likely he would
take the buggy; that he would have TO see Mont
| gomery or tho boys at the stable, and would let
| mo know when be saw me again. think II was
the next day that he came to the mill and told
| me be weuii not take the buggy; and that
day said to him, ''Com!ey, let 60 snd SEQ
how much there 10 of that lumber" Up 70 this
time had never paid any attention 70 IT.. One
| Of ns asked Sloan tn go with ns, which he did,
| and made n very superficial measurement of the
cedar, measuring some as II lay in the piIrs and
guessing at some. Mr.. Cotnley claimed TO know
just what there was Of the pine, and Il was count
ed at What be said there was it; and lot in The
drY-bouse WAS estimated by casual look at IL
and Comley's statement concerning the amount
of good that was under lot Of rabbish and could
aet be seen. This gave Us M idea Of about ths
quantity of lumber, and we had the number
Of sash, doors md moulding ready
70 make our trade. and Isuppefed would proceed
i'm sdiateIy to do SO; but Mr.. comiey did not
seem yet TO be really. We won't TO the we'll, at
the house. got drink Of wafer, talked few
minutes with Mrs. Carter. when I said. In the
presence Of Mrs. Carter who rccoliects il WE'LL
Now. Mr.. Comley. let's go over TO the III and
see il We can fx this matter up" Comley says,
"So, an in a hurry 10 go up tovn; will be
dosn In day or two aud attead TO il, words
10 that effect lie went away and never got a
chance 10 cay anything more 10 him abDut busi-
ness Of any Kind until the 9th day Of August. In
'he meantime at work Ia the mill every
day. Cornley came into the mill several times,
bat always seemed in hurry and never said
anything about our trade, and began to think
strange of his conduct. When bad occasion to
examine some OF the doors and sash found they
we're not by any means the article be had repre-
sented 10 ne. then began TO think there was
something wrong, and felt anxious to get the
trade settled.
On the 9Th Of August comIey came to tie III,
! and Immediately asked him to 20 up stairs, as
the noise Of the machinery made livery unplcas-
ant converting where we were. As we
go. M stairs said: "Mr. comley. I want this
lumber trade settled. want to know that time
you going to gise me to pay for this stuff if
buy it, Hc said: "If you will pay Sloan q
small balance due him will give you six months
time the balance" / said al once, mir. Com
, ley. don't want the stuff upon those terms -
He said: "fou have already bought it," l ask
) od him wnen had boaght-if had ever .aid
would take IL, CT ever head his terms before? He
said: 81 don't know that you said you
would take il. but told you my price and you
counted the doors and sash and measured the
lumber. and have been using IL, and consider
that you have bought il, and shalt hold you to
it, | told him / had never bought IL and
should certainly not take il upon any such terms
and that 10 all, or Substantially all. that ever
: passed between Mr. comcy ana myself In re-
gard to the bargain and sale Of that lumber mp
TO ,hs. date. lie went away. I went to Sloan
to what his bill against Cemiey, (sup-
pos.ng il to be 4 Few dollars. from what comley
bad said1 thinking ! would try 20 strange the
matter with comley without any trouble. Sloan
told me his bill was about two hundred dollars
: now began to see what ComIey was after. lie
bal put very high figure on his s;uf. talked
about it now and then, and put the matter of
from time TO time urtil be thought lad taken
sufficient possession of il TO enable him to com.
3 pei me to take il at his figures and upon
such terms he might choose to die
tate. I went to him at the Court nouss
: the next day and proposed to referee the matter
but he refused said he could make me pay IT,
, and would do so. l told him TO come and take
it away from the mill. and thus the matter end.
ed.
The item of cedar lumber got from Davidson
. Il Co.. was included in the foregoing ar.
! rsagemont. ComI-y and briggs had q contrac,
with Davidson l. Co. to deliver lot Of ceda,
9 lumber, to bc paid for the fall following. Thal
contract was turned oyer to briggs b Carter.
small amount bad been delivered the balancs
; was delivered afterw, ri was all turned over tc
, briggs 4 Carter. received and paid for by them
. as per agreement. Com.cy never paid ANYTHING
for il or had anything to do with il. Neither
did as individual. II WAS not spoken Of in
that arrangement of myself with Comlcy, but
= was arrangement between inc two firms.
This is full statement OF that matter, and
just the statement desired to make before ths
jury, and then let them determine whether il
was . bargain and sale not. 1t was not m "
wish to deny directly anything Mr.. Comley had
said white on the witness stand. 1t was very
, unpleasant for me to do so but his own Attor-
I ney objected to my making such statement and
was forced to state what then thought and
still think was true. that had never made any
: such trade rs he states, or. indeed, any trade al
, all about that lumber and work.
In regard to the admissions which IL was at
tempted to be proven that had made, there
] seems to be something very strange. was al
. work ia the mill nearly every day fram the Goth
day Of July to tho 9th day Of August in con
slant company with Enoch Sloan, Jerry Drigg,