The sun., 1873-11-05

river opposite minlintOwn, valuable tannery
at Peru Mills, and the seminary property at
town, lIe died Aug a. 1863, leaving will, and
John j Patterson and James NJ. Sellers his ex-
~"rh sS % and % by he SG. ters 0si1SSU Of his viii ii
was to he settled up within Ave years and the
proceeds divided among bis four children, John
and three daughters. One of the daughters,
now President Judge Of the Courts OF Allegheny
county, Pennsylvania In defiance Of the terms
~ 9i tue WI. the executors made no effort to set
tie up The estate within the i've years, and II was
not until at the petition of the Hon. James +.
Scrrctt they were cited to state an account that
they III 1893 hled partial accounts not Jointly,
but separately.
The account OF John J. Patterson brought the
estate in debt to him $2,s5O.Oj. The attorneys
OF The heirs ut the request Of the Hon. James
y. sterrett, hled twenty-six exceptions to tins
managed and wasted the estate f; that be had
not charged himself, as he should have done,
with judgments 10 the amount OF some 5000
which hc bad collected, and that he had credit
ed himself with " eater amounts OF interest than
he was legally entitled to that he had not ac-
! National Bank uf Philadelphia, OF for real es-
tate OF great value which he had fraudulentiy
and collusivcv sold to his wife and other parties.
they also alleged that he had not charged him
| self with u note for $3,4g0Sj from tho firm Of
slaynaker Patterson to the testator ana
| finally that he had taken credit for a note for
| S2WD and Sll2i interest ON same. which pur-
ported to be from the testntor, William IL. F,t-
! tcreonl 20 Iohn j. Patterson and dated Aug ie'
| lojs. They denied the genuineness Of the note,
| aud alleged It to be II forgery. 49,,
| the testatur owned AN undivided half, contained
| sixty acres Of valuable land, and was Improved
! 10y a nnc large brick building which had former
| ~ been occupied lur a female seminary. During
| his life time VIM. II. Patterson paid <l,Wu
This John j. Patterson in a seemingly regular
manner aud with the consent Of his Co-eXecu-
.9n ., sold e. his 9wn wife for the ptiful sum OF
About the same time he, as executor or ms
fathers estate, gave IA power ~ attorney to one
James Ahlc White to transfer. without any con-
sideratiun whatever, to james NJ. Sellers. his CO.
Union National Bank of Philadelphia, which
belonged to his fathers estate.
MATTER or FORGERY.
This whole matter was fought over for some
time before an auditor was appointed 10y the Or
ouglily convinced that the s2.CuO note was a for
gerry and that the same could be established,
lie pctitioncd the Orphans Court to direct an
ls-ue to the Common Pleas to determine this
point. THIS was done and at the september
Term, lSe' the cause came on for trial J ohm y.
Patterson being made plaintiff and John VI.
Kennedy, administrator, Ac.. OF Jane ". Ster-
rett. deceased, ct al. defendants. The defen-
the alleged Indebtedness Of the late Arm Of
! Slaymaker Paterson to VIM. Ii. Patterson,
The plaintiff. John ]. Patterson. was rcpre-
sented by the Hon. Alexander n. Mcclure as his
counsel. who displayed great ability In trying
TINS very Important case. by the manner III
which the issue had been directed by the court
the burden Of proof lay with the plaintiff to
prove the genuineness Of his fathers signature
10 the s2.0o note. The defendants could prove
by the letters OF the plaintiff to his late partner,
samuel Slaymaker, that the firm was indebted
| 10 the estate II VIM. H. Patterson In the sum of
t3irs3, and that note for this amount had
piaintir To- show also that he had hcen ipdi-
vtdually released 10y his father during his life
time from his share Of this liability. The fol-
lowing brief history Of this trial condensc frUm
the JUDGES notes. which are now before me.
The plaintiff went about his work in avery
nesses, a relative, Capt. VIM. IA. Patterson. and
brother-in-law, DIR. Thomas Moore. who sworc
| Academia, with whom VIM. H. Patterson. his
father lived, on the 18th ot August 1855. and saw
the t.m note written by John J Patterson and
! signed hy his father. The words "with interest
! were added ut subsequent time 10y John j.
Patterson at the request Of his father. The con
/ sideraiion was ac acres OF land 10 Iowa which
/ VIM. ii. Patterson purchased from his son John
j. 10 give To- lis daughter, salina. This done the
plalntin rested.
DANAGISG TEsrINOSY.
The defendants produced VIM. Russell. a
/ banker of Lewstown, who testified that he was
very familiar with the handwriting Of the de-
ceased and that in his opinion the signature
/ brother Of the deceased. also testified to the
same effect, IA did also Judge BurchHeld "
ner Of JphnJ. Patterson, aud Alex. ". Guthrie
VIM Roseburgh, ohm Magofin. James W. KEN
/ nedy nnd John VI. Laughlin. bankers aud ex-
Patterson that John J. Patterson admitted to
MIN the evening after hi, fathers funeral that
! lac had exchanged the aU acres of Iowa land
with his father for other western land; that he
made a sacrince In 80 doing, but did 50 for the
/ benefit ~ his sister Salina TO whom his father
had given the Iowa land. james Patterson, son
/ OF John Patterson, also testified 10 the same
/ Tact, as did also t"bt. Patterson. EliHhhcth
/ Shult2. the Old housekecper Of VIM. II. Iattcr-
7 son. testl lhcd 20 hearing conversation between
I John J. Patterson and mis- father a f,w diN- be-
fore the Latter died about exchanging Western
| lands.
The defendants produced letter from Capt.
W. II. Patterson O. Dr. j. +. sterrett. dated Aug.
H. lsbs, M Mount Pleasant. I'm wihch he inquired
i about political matters In the ncighhurhdod of
As Ln nttN 4t hn M
/ possibly have been at John j. Patterson's house
the day before. They also proved by domestics
! thi they had not seen Capt W. IL. Patterson at
John J. Patterson's house for several days pre-
esding his fathers death. DIR. Sterrett testified
tended him IN his last illness, and was frequent
/ ly at John latter~pn's house, and that he did
there. '''"'' '''' -''''''o" VI ~ "'o'e
In regard 70 the slaymakcr and Patterson note,
the letter. e John j. Patterson to Samuel Slay-
which he spoke OF their indebtedness to his
father. and IN one he mentioned note for
<:.4o.a5, and enclosed "A copy Of the same in the
letter He was urging him (Slaymakerl to pay
oue-halt ~ ms indehtednes., so that he d'at-
! terson) would not be held for tho whole.
now he SAVED HIMSELF.
To rebut this damaging testimony Capt Pat
terson and DR. Moore were recalled. They
testified still more positively to wuat they saw
| and heard on tho 18th Of August IS,s " hen the
/ note was signed. They described with great
| mIuuteness the positions In which John j. Pat
tefson hls father, aud Themselves were sea;ed
legcd To have been made on unmportant topics
AZ the time. They also testified that at ;he time
the wVrds with interest" were added to the
/ note, WIN. II, Patterson came into the room
/ with some papers In his hand and gave them to
| John j. Patterson, saying: " Here are those
/ Saymaker papers. They are Of no use to me
/ do what vou please with them" Capt. Patter-
/ son further testified To having Il conversation
| with the old mau some time previous, In which
/ hc said that II John would come and live " i'll
| him, lac would forgive him the SlHymaker debt -
/ lie accounted for and explained tie letter he
wrote TO Dr. Sterrett on the 10Th Of August
1865 IN an Ingenious way, which was well calcu
lated to deceive.
EX-Shern Joseph Bell and n carpenter named
! John sherlock were important witnesses to
| PROVE that William III Patterson had admitted
to them a few days before his death that he had
bought the Iowa land of his son John for 1900
and given him his obligation for the same, anG
also that he had released him from the Slay
maker debt. They testified to this in very
emphatic and busincss-like manner. deed
from John j. Patterson and wife, bearing date
and Acknowledged Aug. Il, 1858, was also giyef
in evidence by the plaintiff. IL may he noted
here that John j. Patterson had all along strenu.
ously denied that his father had any Western
land, and made oath to the same effect befor,
the Auditor. Samuel Slaymaker testified that
John j. Patterson had, while a partner Of his
visited the West for the purpose Of PURCHASING
land for himself and father, and that while Wesl
he drew on him for large sums OF money, whlcf
were paid, and afterward, by direction Of John
charged to his fathers account.