The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1875-07-15

nave nlleBeu fraud also, and the OnuS of
proof is upon us; but this proof need
not necessarily be positive and direct.
but mny be inferred from circumstantinl
| rule of the law of evidence is the result
of tho wisdom and reason Of centuries;
it dates back to the Roman civil law
This rule has not grown up to aid fraud
to escape and cover up its trucks, for one
of the characteristics Of fraud is to COLI
| ceal itself, to hide its fnce behind musk
and to obliternte its foot prints; thcrc-
| fore, tho wisdom of tho rule which says
| that the proof need not be positive, but
may be circnmstantial and Indirect You
could not have failed to observe how re-
luctantly our witnesses testified for our
side. They were far rcadicr, when cross
questioned by the other side, to give in
| their evidence. Look at the reluctance
with which kimpton's evidence was
given; look Mt the complex condition of
I"rker's books-sec how obscure they
are. Little could not explain them; he
said once TINT an entry of $40 was for
gold, and then that it was not Even the
expert Jones snid thut, while the books
appeared to have been well kept, he
could not understand them. Even Mr.
Cardozo, when he was Secretary of State,
says that lie kept no memorandum or
record of the bonds thut were sealed by
him. South Carolina is notn large State,
but even had he been Secretary Of State
of Rhode Island, he certainly should
have kept n memorandum of the bonds
that bore the seal of his office, and not
have allowed the State to he loaded with
debt But, notwithstanding all these
drawbacks, we have sufficient evidence
for our purpose. We have the willing
testimony of Mr.. VanZant, Vice-Prcsi-
dent of the American Bank Note Com
pany, which has kept such record of
Its work that even countertciting is stag
gercd, and with his books, those dumb
witnesses, which afford positive proof Of
fraud. Ladd's testimony, too, was posi-
tive and point-blnnk, that Parker had
S4oO, 000 of coupons which Parker him
self snid he had got from the Financial
Agent in New York Mt their final settle
mcnt. But Mr.. Ladd not only had Par
kcr's assurance OF the fact, which in law,
being confession against himself, is
most conclusive, but he actually saw
with his own eyes, and handled with Ills
own hands, S150,000 of these coupons.
Without going further, tlat testimony
alone is positive and direct. But,
gentlemen, slurs were attempted to
be heaped upon tho witness, Ladd.
l1o was asked relevant and irrelevant
questions, proper and improper
questions, all with view toward
breaking down his evidence. Among
other things, he was questioned rs to the
many favors he had received mt Pnykcr's
hands, with the view of showing You his
great ingratitude; ''thc ingratitmic more
sharp than serpcnts' tongues, ,.s they
considered his testimony Now, if Ladi
had been willing witness for our side,
admit lie would have shown ingruti-
tudc; but you nll SAW with what extreme
reluctance he answered our most direct
questions, and once the nstute Attorney
General came near giving up in despair
as to certain testimony which Iudd
seemed nverse to give. 1t WAS plain that
it was painful to Ladd to have to testify
against his whilom friend, bnt with all
the difficulties and obstacles in his pnth
his regard for his onth and lis respect
for the mandate of the snhr,una of this
Court. and disresarding the lromptin.s
OF his heart, he has beautifully shown
that he ''tlarc DO all that bcconrs il man -
and realized that '.hc that dare do more
IS not. His armlcsS trunk shows that
he has done duty for his coun:rv. but |
know EiS record that all the physical
courage he may have displayed on the
field of battle WAS not so grca, ms tla.
moral courage he exhibited here upon
that stand. Col. Rion then went on TO
say tint I.add'S testimony WAS not I'M
supported; that it WAS confirmed Lv a
letter signed by Niles c. Parker, Which
corroboratcd it in every particular: TINT
this letter might hnvc been laid aside or
forgotten easily, bnt it was not, and was
now in this Court House, n dumb wit
ness against the hand which wrote it.;
that l-ndd was corroboratcd by the news
paper slip given him 10y Parker, with
the names of the bonds to which the
coupons he owned belonged marked oil
on it; then Hardy Solomon said that he
had seen S4O, 900 coupons in parkcr's
possession; Mr.. Gulick said that he had
II large amount Of coupons; that these
very coupons were funded by y. J. Z.
Owens, the very man who should have
tried to uncarth this fraud; why did not
Parker 80 to some broker or banker in
stcHd OF coming to Owens, tho Chair
man OF the Financial Committee of the
q