Lexington weekly intelligencer. (Lexington, Mo.) 1871-1887, 1880-04-17

uduS dL HIS olllSC III Nv 1SoNiS' |
recollect defendants visit in January
1877, testified of by him, but does re-
lending him S25 90 but cant
saw when it was. Says that all the
grain he has bought ier defendant was
bought tor actual delivery, and has
been actually delivered to, and received
by plaintiff, either in the wheat as
bon ght, or by elevator receipts and
that all has been paid Tor by plaintiff,
that one purchase of five thousand nu-
shells made on the 80 of April was de-
iivered to plaintiff, and by him paid for
on the 9TH of May and kept on storage
by defendants orders until the 3Oth day
of May 1873, when it was sold at
loss of eleven hundred dollars,
chargable to defendant, but as yet borne |
by plaintiff.
Plaintiff further testitying, denies any
knowledge of the letter OF inquiry
and tor explanation, testified OF by de-
fendant and Doct. Hartman, OF about
the date OF 3Oth April 1877, and says'he
did not receive such a letter, and denies
positively, writing or sending defendant
any such letter as they and Keller tes-
titled of, rs having been received Ia
reply, and denies having sent defend
ant the sample contracts or receipts anu
regulations of Merchants Exchange IN
or with, or at any time near the data
they give that letter. Says he did send
defendant those sample contracts ana
the receipts and regulations with let
ter he wrote defendant on the oth et
June 1878, and produces, what purports
to be the copy OF a letter OF that data 10
defendant. on three hall sheets OF paper.
| taken from a letter-press book. Let IL SUI
lice here to say that this letter speaks
OF sending the sample contracts anu
the rules and regulations OF the Mer-
chants Exchange, ard It's contents are
the very reverse OF those testified OIL Us
| the contents OF the lost letter OF about
May l, 1873. Plaintiff testifie5 that the
sample contracts and copy OF
the rules and regulations here shown
and used in court are the same sent
with his letter OF 9th June, and that
such paper were never sent by hlm put
the one time Being asked ii the filling
UP OF the blanks III the sample con-
tract is not in his hand writing, and II
so, to explain how he came to date them
back to the first of May P He said they
were in his hand wrltIngi they were
mere forms and one date answered as
well as another Plaintiff further
testitylng, says, that when be bought
, wheat for defendant, he bought IN ms
own name and he as buyer, and the sellel
entered into contract, by using blank
contracts filled up in the same way a.
!, the sample contracts and filled up; tina
4 defendant was rot made known to th'
> seller as interested in the contract
Saws these contracts when filled ant
closed, he regarded as no longer OF US
: or value. and were thrown IN the vast
basket and destroyed. and he canno
IT produce them; being asked SAID
1t could not give the name of any part
'f from whom he purchased wheat for DC
l. fendant, nor of any party to whom Ii
e sold the wheat. Said the elevator re
ceipts were surrendered when transae
D. tions were closed up, and he could nc
% produce them. Further testified thu
l. near the last of May he sent w. 5. oeJ
20 mOur to Aullvile to see ana max
q some settlement with defendant; IN
,e few DAYS Seymore returned and reper
g ed that defendant would do nothlns
as said he would have nothing more 10 u
IN with 1t and | could do as pleased; a
} ter this L closed up the transactions IL
it the forty five thousand bushels OF wne'
n by selling out; said his purchases I,
it, defendant had not matured and
IN closed out with defendant by selilI
n the amount OF wheat he had bouS
nt tor defendant on time to be dellver'
at at same time my purchases mature
e. charging defendant with the diiie
sy ences, at date oil closing out. IestlLl
ad further that at the time he closed OF
to no part OF the forty five thousand b
10, shells had been delivered to him, al
as he had no knowledge that at that tir
ct any of them, the sellers, had any VINE
le- to he delivered On their contracts,
lat that any of them had even bought a
vo tor that purpose; that They were n
,m baund to have wheat until their CO
1T tracts matured which would be Ill Ju
Of after the closing out Plaintiff prodt
7as ed several letters, some OF them tendl
,n- to cnrroborate his evidence, not nec'
IN sary to set out here.
rds w. S. Seymore testified, that abe
ub- the 9th May 1873, plaintiff gave h
WI COPIES of the notes and acceptance su
of on. and sent him up to Aullville to
on defendant. with mstrctions ii could
in effect a settlement with him: proc'
The further margin on the 45 600 bushels
md wheat. and get a mortgage on Geie
and ants farm. He went and saw dele
ge; ant. renamed several days but failed
be accomplish any thing. Defendant quie
all told me he would have nothing more
diff do with il; his neighbors thought 1t
ces. Gambling transaction. and co
ON tell plain III: he would do nothing m
the in it, aud he plaintiff could do as
ater pleased.
This is all Of the evidence, l tai
had necessary 10 a sufficient eXpianat
lille, of the case AS made out on both Il
iles al The trial. And here | desire to
bout that il is most unfortunate to the
OF terests Of justice, between the
for ties. that the letter OF plaintin
ays, about the 3lst day of May, 1873,
one tilted OF by defendant. ana Harti
N ana Ke!lers, was lost and cannot
the nroduced, tor its comtents a5 st'
re- hy inc witnesses, are OF nature
$ OF character to Cot!troi the result IL
anne case. and to say the least oi it Il
he dent man would have taken be
the care of such a letter. On ne o
'ther haui itransactions OF dan geruus Il
Is IN uitnde were carried on by the
the ties. conducted whnl y by the pt
here tiff. as defend ants cuuiti.iss.on |
onh- Chant in the buying and seslln
tend grain. the gram bought at di
times, at different pticrs ant
.stifi- sundrv parties plaintiff from
Il in very nature antt Character al
r de. business, bound 10 account aHd
70 to plain to Defendant tu.ly,as vel /
eiyed detail. all these trln-ctiou-, ant
,duce lie saws and le,tiiiea tGIJ he does
Tor know siugle party Of whom