Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1880-07-08

lIpn WI NUits 4 ~nal4 sum OF money. tl
the following points they disagreed Mr.
Amos claims that General Garfield agreed
10 take the stock. General Garfield dcnie,
H. Mr.. Ames claims that General Garfield
received from him s329 and no more. as 4
balance Of dividends on the stock General
Garfield denied Il. and asserted that he bar
roNcd from him $500 and no more. and az
tcrwari returned It, and that he never 10.
ocivcd ANYTHING from him on accoun, o,
stock
Now A. tn proof Par uf the memoranda
offered by Mr.. Anne. IN evidence were the
entries in his dair, IN 1865 The account
entered under General Garfield. name VA.
one u three not crossed off, which Mr
Amrs explained vas because j; had never
been .e,;led or adjusted Hero Is the cutr,
in full
otEFtkIn-
10 share, Cryiii M.......-............si. 90 0f
mo-. 10 da,s. OBSERVATION-DISCLOSURES. 81 q
Total ....::................ al .ot3 .
ss67 p
Int to June ACKNOWLEDGEMENTS. 3Gi
Il
i,pD 4. VI.
on L. l..
Notwithstanding he laid b. had no other
entN IN relation 10 Mr Garfield on the I'D
Of January, Mr.. Amc' presented to the CON-
m.tter statement Of an alleged account
With General Garfield as follow,
]. 4. q. Dr.
iSsS
To 10 share. stock Credit Mobil!rr of A. 81 .C.a
intcrr't ...... .....-.--...-.....-.... &.
-
Observation-Disclosures. 81 .37C
Or.
By di, idrnd bond. Union Pacific rail-
road si.tssJ al - PER q. les Per Ct. s.sb
June L.. By dividend collected foT your
account. Observation-Disclosures. GDD
lotAl... ......'.-........-. ......... 81 .JiG
This account he claimed 10 have made up
from his memorandum book. but when the
memorandum book was subsequently pre-
sented II vas found that the account here
quoted vas not copied from it. but was part
y made up from memory. By comparing
this account with the entry made in the
diary, As first quoted. i, Will be seen that
they are not duplicates either in substance
OF form and that in this account a new
element is added, namely an alleged pay
meni Of s32g in cash June 10 This i. the
very elcmcn, in dispute. The pretended
proof that this sum was paid General Gar
field j. found in the production Of check
drawn hy Mr.. Ames on the Sergeant at
arms. The follo~ing is the language Of the
check IS reported in the testimony:
June -. 1865.
Pay o. A. or bearer three hundred and
twenty nine dollar, and charge 10 my ac-
count OAh AME>.
This check bear, no indorsemen, or other
marks than the words and figure. given
above. IL was drawn on the 22d day Of
June. and. shown by the books of the Ser
geant-at- arms. paid the same day. But
il this check was paid to General Garfield on
the account just quoted i, must have been
delivered TO him three days before it was
drawn. for the accoun, says that he received
payment on the 18th Of June.
CONCLUSIONS
General Garfield himself has made a re-
view Of the whole subjec, and from il claims
that the following conclusions are clearly
established By the evidence
"Tha, ! neither purchased nor agreed TO
purchase the Credit Mobilier stock which
Mr.. Ames offered to sell me. nor did re-
oeiye any dividend arising from it. This
appears not only from my own testimony,
but from that first given BY Mr.. Ames, which
is not overthrow BY his subsequent state
ments, and is strongly confirmed by the fact
that in the case Of each of those who did
purchase the stock there was produced as
evidence Of the sale either a certificate of
stock, receipt of payment, a check drawn in
the name of the payee or entries in Mr..
Ames's diary Of stock account, marked
adjusted and closed, but tha, no one of these
evidences existed in reference to me. This
position is further confirmed by the subse-
quent testimony of Mr. Ames. who, though
he claimed that did receive 1929 from him
on account Of stock, vet he repeatedly iesti-
fed that beyond that amount ] never re-
ceived or demanded any dividend, that none
was ever offered to me, nor was the subject
alluded to in conversation. Mr.. Ames ad-
mitted in his testimony that after December,
1867, the various stock and bond divideads
amounted TO an aggregate of more than 500
per cent, and that between January, 1868,
and May, 1871, all these dividends were
paid to several Of those who purchased
stock. My conduct was wholly inconsistent
with the supposition Of such ownership. for
during the year 1879 / was borrowing mon
ey to build house in Washington, and Sc
curing my creditors by mortgages on my
property; and all this time ii is admitted
that l received no dividends and claimed
none. The attempt to prove a sale Of the
stock to me is wholly inconclusive, for it
rests first on check PAYABLE to Mr.. Ames
himself, concerning which he said several
times in his testimony he did not know to
whom it was paid, and second, upon loose,
undated entries in his diary, which neither
prove a sale Of the stock nor any payment
on it. The only fact from which it is possi-
Bile for Mr.. Ames to have inferred an agree
ment to buy the stock was the loan to me
of $500. But that loan was made months
before the check Of June %, 1858, and was
repaid in the winter Of 1869, and after that
date there were no transactions of any sort
between US. and before the investigation was
ended Mr.. Ames admitted that on the chief
point Of difference between US he might be
mistaken.
That the oass which M.. Ames made to