Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1880-09-11
Harris N. PaiSted
James ". Mcdonald + ais.

James ". Mcdonald y ais.
And now said Defendants file with the Clerk
of said Court the following specifications in
brief of the nature and grounds of their de-
Tense, to wit:
lst. The note described in said writ ras
obtained by the false and fraudulent repre-
sentations of the plaintiff.
%. Said note was given without any legal
or sufficient consideration.
Sd. The consideration for said note has
entirely failed.
4th. By special agreement between the
parties to said note, made and understood at
the time of its delivery, said note was to be-
come void and given up upon a certain con-
tingency, which contingency occurred prior
to the date of said writ.
9Th. Said defendants paid all that was le-
gally and justly due on said note prior to the
date of said writ
By their Atty. L. CLAY.
CLERKS OFFICE.
Sup. judi Court, Penobscot County.
August 2Sth, 1880.
The within is true copy of Specifications
in the within named suit, on file with writ, in
No. l2l. April Term, 1868.
Attest: RUEL SMITH,
Clerk of Courts.
HONEST Truth charged Plaisted with
having obtained that note and others by
''fraud and misrepresentation" and has
said that the jury in deciding the case
against him substantially convicted him of
those offences. Here are the records to
sustain u.s. He sued the soldiers to re-
cover on that note. They charged in de-
fence that the note "Uas obtained by the
false and fraudulem representations Of the
plaintiff" PLAIsTED). The jury sustained
that charge by giving verdict against
him. Judgment for defendants, for their
costs taxed at SAIL" That was the I'M
kindest cut of all-making Plaisted pay
the expense Of convicting him of ''talse
and fraudulent representation" for the
purpose of extorting money from his
soldiers.
The editor of HONEST TRUTH has re-
ceived information from members of that
band, and others. which must convince any
body that the worst charges of rapacity,
meanness and cowardice of Plasted have
not yet been told. One member of the
band writes;
We were enlisted as musicians, and could
not have been reduced to the ranks unless for
misconduct; but that did not affect the char
acter of the transaction of Piaisted, who had
of course. no right to bargain with us to pro-
cure our discharge for a consideration. Such
bargain cas made
An officer who was present writes as
follows:
Editor of HONEST Truth:
The 10th day of August, 1864, in the en-
gagement at Deep Run, on the North bank of
the James, the day that the gallant Gen. ]. A.
Hill, then Lieut.. of the 18th Maine. lost
his arm, line of Rebel works had been can
tured, and were turned and for time held by
the u. 5. troops. The rebels, however. attacked
the line fiercely. and breaking it on the left
poured flank fire in upon the 18th Maine.
and other regiments of the brigade, so that the
line was obliged to fall back While under
this murderous fire Gen. Plaisted was very
nervous, and worked as vigorously to keep
covered behind trees as any of us ordinary
mortals who made no pretentions to heroism.
The regiment fell back with the rest of the
line, and formed in an open field, and subse-
quentiy had orders to move forward in line
At this point Gen. Plaisted turned over his
regiment to Capt. G. II. Merrill, the ranking
captain OF the regiment saying to him
Captain Merrill, you will have to take the
regiment. am completely exhausted and can
go no further" Captain Merrill took com.
mand of the regiment, and it moved to the
front. Some of the soldiers were foolish
enough to remark. that if the regiment had
been ordered to continue in retreat Plaisted
would not have been so completely exhausted
Ex-OFFIoER.
Another officer of high rank in the 18th
Maine (Plaisted's regiment, writes in con-
tirmation of the charge that the adiutant
refused to read Plaisted's farewell address
to his regiment on resigning. The refusal
was because the regiment was Just FORM
ing to go to the front, and it was highly i'm
proper to take the time of the soldiers to
read farewell address which might have
been demoralizing to them. This officer
writes urther (and if Plaisted will call on
the editor of the HONEST TRUTH he NAV
see the whole letter, although it was not
written for publication) as follows:
My opinion is, that Plaisted was deficient
"a physical courage and common honor. |
Mr.- (who was another officer in the |
'egiment) tells me that Plaisted left the |
egiment at Malvern Hill, on foot and
lone, claiming that he was ill, but he was
rrested two or three days afterwards on !