The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1880-08-05

LESSONS Oh JuQSineUG uaS oeeI uldue ".
the said defendant, Robert G.. Elerbe, Il
his own sister, who is the said Allen E
Cash, and thus, by a family arrangement
the said defendant intends 10 defeat th'
recovery Of the plaintiff" set forth in th'
said complaint, either in the body o
margin of said complaint.
I further certify in addition to the alb
sence of said clause from either in th'
margin or body of said complaint, tha
after had signed said order of injInc
tion, the same having been signed il
triplicates, that the following conversa
tion occurred between w. l.. DePass
Esq, and myself: I asked the said W
L. DePass if Mrs. Cash was any relation
to the defendant Ellerbe. He replied
that she was his sister. l thenremarket
you ought to have stated that fact in th,
complaint with her knowledge Of thu
confession of judgment. That said De
Pass replied that he had set forth tn,
facts in the margin of the original draf
of the complaint, but believing that Mrs
Cash was ignorant of the fact at the tim.
the confession of judgment had beer
made to her by her brother, chat while
he had put it there he had left it out o
the original complaint as sworn to be
cause it might lead to miscorstruction
/ then replied if be thought 80 it wa
"eminently proper"
TT. MAcKEY, Circuit Judge.
I desire, however, to say here tina
while I did ,purpossly and Intentionally
refrain from inserting this marginal
clause Of the draftsof: the complaint into
the original summons and complaint, ye
1 do not acknowledge by so doing that
did not have the clear professional right
to do so, in the plain discharge of pro.
fessional duty to my client, without ques
ton from any one, if had thought that
it was a family. arrangement but as tht
truth is did not think 1t aUas an arrange.
ment scith which Mrs. Cash had anything
to do. and furthermore as I then believed
and do now, that she was ignorant of the
fact at the time of such a confession OF
Judgment having been made to her by
her brother, out of the sincere and gen.
uine respect that 1 entertained for her as
a lady, and for that regard l felt for the
feelings of q husband, I did refrain from
what would have been, with my belief, a
gratuitous insult. This was my motive
in excluding. the clause, and no miscon.
struction by any man at my saying 80
will prevent me from expressing what is
the truth. 1t was for this reason that
Col. Shannon so earnestly assured Gen.
Cash in his letter to him of the 25th,
that he kne,o and acas confident that I did
not say or intend to sag anything that
suo,tld impute fraud to Mrs. Cash in the
sense that he Gen. CASH had applied it.
Both these papers, the rough draft and
the original complaint, are identical in
every particular, except the rough draft
is in my, handwriting, has the marginal
clause and is not sworn to by my client,
Conrad M. Wienges, but appears to be
so before me as Notary Public, and for
convenience was intended to be used to
copy from, leaving out the marginal
clause, whereas the original complaint is
in the handwriting of Mrs. DePass, is
sworn to by our client, Conrad NJ. Wien
ges, who signed the same before me as
Notary Public, and has not the marginal
clause, nor is the clause in the body
thereof. ! Both are covered by sum.
monses identical in every particular, and
right here it was by reason of this out
ward similarity that a most unfortunate
mistake was made by me on salesday,
November 8, 1879, by serving ca the
Sheriff this rough draft covered up in its
summons with the order of injunction
instead of the original complaint with its
summons, the reason being that the
Sheriff, who was entitled to copies, said
to me that Gen. Cash was in town and
wanted to see the papers upon which I
had obtained the injunction, and thA if
would let him have the original sum:
mons and complaint for day or two
upon which I had obtained the injunc-
tion he would relieve me of making
copies, and as aforesaid through mistake,
(instead of the original summons and
complaint upon which I had obtained
the injunction) served on him this rough
draft in its summons. These be handed
to Gen. Cash, who, in turn, took them to
his attorneys, Leitner & Dunlap. Thus
Gen. Cash saw. this marginal clause, and
being in a paper tue summons on which
was marked original. signed and appa.
rently sworn to, he supposed to be such,
and doubtless his lawyers thought like
wise.
This mistake did not discover for
several days, and before did so, even
obtained the papers from Gen. Cash's
attorneys, had copy made of them,
serving it upon the said attorneys; all
that time never for a moment thinking
to examine the papers so served by mis-
take, or even the copy when made, be-
cause not for one moment; did / doubt
their correctness. After discovering the
mistake, at once filed the original sum-
mons and complaint, withdrew from Gen.
Cash's attorneys the copy served and sub
copy of the original summons
and complaint, upon which had OBJ
tanned the injunction, as the certificate of
Judge Mackey will show was in the
handwriting of Mrs. DePass, and did not
contain the marginal cause relerred 10,
nor any such clause in the body. of the
The certificates of the Clerk
of the Court, the Sheriff and Messrs.
Leitner & Dunlap all prove what l have
here asserted, and | cannot help from
expressing my thanks to these gentlemen
for their publication; and instead of j.
c. HIS assertion that they placed me in
an awkward position, find that they are
absolutely necessary for my vindication
They all show that the paper served on
the Sheriff is not the paper now on ile
in the Clerks Office; they all show that
the paper served on the Sheriff was in
my handwriting, and that there was on
the margin the clause "That the plaintiff
further alleges that the pretended con-
fession of judgment has been made by
the said defendant, Robert G. Ellerbe, tc
his own sister, who is the said Allen E
Cash, and thus by family arrangement
the said defendant intends to defeat the
recovery of the plaintiff" whereas the
paper now on file does not contain tht
aforesaid clause either IN the margin on
body thereof. Whereas the certificate Of
tI Az.