Knoxville daily chronicle. [volume] (Knoxville, Tenn.) 1870-1882, 1871-01-27


ds1aptfosa, ct the reqlsest Of any one Of the
6enefciaries, ofter ttccnkg elags' noffcs: 10
prevent this and protect the family,
| bought IN the interests of MI Thornburgh
| and of my partners Messrs. Haynes and
! Fleming, paying them the full amount o.
their debts, nth Interest ito to the time OF
ptxrchase, which was In the spring OF 1867
At at that time speculation was active.
! Money was, and has ever since, been going
at high rates of interest in this city, nndst
could. had been disposed, have used 1t to
much greater advantage than to have per-
mitted 1t to remain, as I did, with Mr..
Harmon's family at six per cent. Never
| thelees. permitted it to remain there un-
til the present time, never having received
one single cent of it. But for the interpo-
issition Of Senator Brownlow and others,
who desired to prejudice me personally and
politically, there would have been no con-
frnversv between Harmon's family and
myself about 1t.
But, by keeping Messrs. Thornburgh,
HAYNES aud Fleming in the background,
and speaking of the deed in trust as a
s'gaortgdge to John BCtrter," and by hypo-
critical demonstrations in favor of poor
wido,c, nand persistent representation
of the facts, they hoped to effect some
thing to my prejudice. Seeing this, de-
ternlined to defeat their malice. i could
have foreclosed the deed by sale through
trustee, and without the interposition of O
court of chancery, closed it within twenty
days, bid off the SIS 900 worth of land for
the debt, and retained it as my own. But
[ chose to pursue different course. On
April Goth, 1867, filed bill in the Cham
Gerry Court at Knoxville, charging the facts
herein stated, and voluntarily prayed that
the Court might investigate all the facts,
and in case the fees charged by Thornburgh
or by Haynes, Baxter & Fleming, were
excessive or obtained under undue infiu-
ences, to abate them. But, in the event an
abatement was made, to give me a decree
over against Thornburgh's estate, and
against Haynes and Fleming for the ex-
cess paid to them. To this bill, Mrs. Har-
mon and all her children, and Col j. NJ.
Thornburgh, of this city, as the legal rep
resentative of his father, and Messrs.
Haynes and Fleming were made parties
defendant. Mrs. Harmon was defended
by Hon Horace Maynard and by General
Trowbridge and Mr.. Alfred Caldwell
Defendants lost nothing for the want of
counsel. All the defense that could be
made for them was made. Testimony was
duly taken and the ease heard by Chancel-
lor Te6lple--an appointee and personal
and political friend of Senator Brownlow.
Accepting my proposal, and acting in con-
formity with nay request, he made decree
referring the matter to the Clerk and Mas.
ter to hear proof and report whether the
fees charged were excessive or otherwise,
and in and by his decree, he especially di-
rected the Master to examine Thos. A. r.
Nelson and J. w. Deaderick-now on the
Supreme bench-and J. r. Cooke and w.
p. Washburn, two prominent lawyers
praeticing OF the bar, on the question.
The Master did so, and, upon their testi-
mony, reported that the fees charged were
Just and reasonable, and upon this report
not c1cepted to By defendants solicitors
Chancellor Temple confirmed the report,
and made decree foreclosing the deed in
trust.
In pursuance of this decree the $4,000
worth of land was sold in bar of the right of
redemption, and purchased by me at 81 $50,
and the sale duly reported and confirmed.
Thus / became fully vested with an inde-
feasible estate In fee simple to said land,
and have decree TO place me in posses
sion. But / would be false to my charac-
ter, and the uniform tenor of my life, were
/ to insist upon my strict legal rights.
never intended to do more than to indem-
Nifty myself out of this property and hence,
at the suggestion of Mrs. Harmon's coun-
sci, have permitted the family to remain
In the possession and enjoyment of the
property, until, as was expected, Congress
has made, as it should have done, an APP
preparation for their relief.
Tho foregoing facts all appear oil record
in the Chancery Court at Knoxville, and
were known to Senator Brownlow when
he delivered his speech:
Among others, his misrepresenta-
tons are taken up, published and editori
ally commended to its readers, by the
Press and Herald of this city, of which the
Honorable John NJ. Fleming las his own
paper habitually styles him) is an editor
This is the same John II. Fleming to whom
paid his part of said fee in 1862, 2,and now,
after having had his share of the money in
his pocket for period of nine years, it is
meet and proper that a paper of which he
is an editor, should lend its columns to
the perpetuation of Senator Brownlow's
slander, to speak of the deed in trust, un-
der which he has long since demanded and
received his interest as a mortgage to Jno
Baxter" and the collection of money paid
by me to him for the benefit of Harmon's
family, as fraudulent, and the robbery of
poor widow and orphans.n Such conduct
is too mean TO be characterized, and of
course, precludes the idea that he will re-
pair the injustice by the publication of any
explanation or apology.
Absence from the city has prevented my
replying sooner. Respectfully,
JNo. BAXTER.
The p7,ofeafor tho ro,r-