Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1872-11-03
THE SOUTHERN ASYLUM.
The Suit OF DIR. ROSers-The other Side
OF the Question.

EDITORS APPEAL was no little as
tonished when L read in your paper OF
Friday morning what pUlrporteG to be an
account of the lawsuit in the Second
Circuit Court which resulted in a judg-
ment in favor of J. w. Rogers against
myself and other victims of the late
Southern Asylum concern. But my as
tonishment subsidized when l learned, on
inquiry, that the plaintiff himself was
the author of the version given. As the
statement seeks to give me a special
prominence in the matter, | desire to
correct its misstatements. The note was
not signed by me as President of the
concern, as stated by him, but was exc
cuted by General f. C. Armstrong, Presi-
dent, T. NJ. Halpine, ]. W. Shacklock,
l.. ]. DuPre, P. B. Wills, w. r. Holmes,
J. NJ. Coleman, and myself last, as Off
GERS and directors of the company, and
was expressly understood to be a corpo-
ration note binding on no one individ-
ually, it being represented at the
time that the charter did not provide
how the company should bind itself,
and to make il dOubly sure all the Off
GERS We're requested to sign the note.
This was proven by the positive testi-
mOny of four of the contracting parties,
and not disputed by any witness. The
defendants were denied the benefit OF
this proof, because of a defect in the
pleadings. Messrs. .Kortreeht and Scales,
who had just come into the case (the
pleadings having been made up by for
mer counsel, now dead), asked leave to
amend so as to give the defendants of
this evidence, and it was refused by the
court. These same witnesses also testi-
fled that the only consideration for the
note was balance due J. w. Rogers for
his lottery charter, which he had pro-
cured from the Legislature of Missis-
sippi and turned over 10 the company
sometime before that date, and which
the old managers had been using and
running in Memphis, Tennessee, n
open violation of the constitution nd
the laws of Tennessee.
They had drawn one scheme and had
advertised another, which never trans
pired, for the want of funds perhaps;
and since the proof has developed the
facts TO be that they paid J. W. Rogers
eleyen thousand dollars in cash out Of
the Golfers of the concern, it is not sur
prising that no second scheme was
drawn. The fact was that Rogers stood
over his bantling, and as fast as any
money was realized he drew it, until he
burst the concern-killed the goose that,
in the course of three or four months,
had laid him eleven thousand golden
eggs: and now, not content, seeks to
pick the feathers of the unfortunate
ganders who accidentally attended the
funeral. Coleman, Holmes and / alone
are sued, and we became directors after
the first drawing, and just in time to be
victimized. | confess, in truth, we were
stupid ganders in the premises Rogers
alone, however, insists that the note was
given for reconciliation of a contract he
had made with the old managers Arm
strong, Wills, Shacklock and Halpine(,
by which he agreed TO assign to them
the half interest in a large amount of
Arkansas swamp lands which Mrs.
Fowlkes had conveyed to him, and for
which he never paid her cent-and
which lands he testified were worthless.
This contract stipulated that the COM
pany was to pay him three hundred
thousand dollars out of the proceeds of
the drawings, and these lands were to be
put into the scheme at five dollars per
acre. The company investigated the
titles at an expense Of several hundred
dollars, and finding the same utterly
worthless they therefore refused to prae-
tice such a swindle on the public as to
sell them lands for which they could
give no title, and consequently aban-
doned the visionary contract and re-
turned to Mr.. Rogers all his papers, and
not having paid him all, he charged for
his charter, which they had been and
was using then in Memphis, Rogers
very naturally demanded payment in
full. All hope of realizing his fabulous
sums from the lands had vanished. A
committee waited on him, struck a COM
promise, and the company gave him a
check for six thousand dollars and the
note in question for six thousand dollars.
The check was casheC, and the yellow
fever and the want of funds after Rogers
got the six thousand dollars, drove the
concern into some safe retreat, about
Chicago, in the custody of ShacklOck
and Halpin, the original co-OperatOrs
with Mr.. Rogers. Mr.. Rogers, it ap-
pears, was the only lucky ticket-holder
in the concern, and, having received
about all the cash the company ever
collected, do think he should be satis-
fed, without annoying his eO-laborers
in that good and charitable WORK, in
raising funds for the poor Confederate
orphans.
/ think it highly improper, when a
man goes into court, to drag his case
into the public prints, and should have
said nothing but for the fact that he had
given his version, and felt / ought to
reply, in justice TO myself. l trust nei-
ther the court nor the jury want any
backing up or Endorsement; and any at
tempt at manufacturing public opinion
in private matters indicates bad case.
n. ID. L. STEWART.