The Weekly Kansas chief. [volume] (Troy, Kan.) 1872-1918, 1883-03-29
CARD FROM W. ID. WEBB.

AIcHIsoS, KAN, March 26th, 1888.
To the Editor Of Kansas ChisT:-In your article in
the CA,f Of the 18th inst referring the order Of
the County Board requiring the County Attorney
ITO collect from the Township Trustees all moneys
rccepted for by them. railroad bridge road
tes, that have not been paid into the treasury or
worked out" You must have been misinformed, or
the article would not have appeared it is there
printed and inasmuch there several errors
in it, relating to myself, ask you to publish this
communication, that they may be corrected.
Now, desire here to say, that this communica-
ton is moi intended n justification to Warren.
On his trials. however, at Omaha. the Burlington
and Missouri River Railroad Company. and the
Union Paeifit Railroad Company, both of which
roads were prosecuting him, proved, by their own
written contracts with him, that be had been work
ing their taxes for three years, and the evidence
further showed that he have done about $780,
600 worth of work year for these railroads. and
that they paid him but seventy five cents the dol
lar for the work that is. he had done for them
$500 in work paid $780, of their taxes for
s4E25 600. $4,000 less than the taxes were.
To the ordinary mind, it would seem that this
kind Of business would have TO to end some
time. 81 sides, the officers of these roads testified
that, until after Warren had gone TO California.
they hrd had the utmost confidence in his integrity
these facts it not criminal, inliscreet, to
credit him days for from go to 200. never in
my life recommended Mr.. Warren to J. o. Larze-
lerr, Moses Colliprest, John S. Miller or William
Ward. and they never, any of them, let Warren
have road tax receipt ny recommendation, or
my request.
At the last September term of Court, ut Troy. l
received letter from Warren, requesting to ask
Mr.. Harris TO send him the road receipt of his
District. tahout s9O.l and asking to request Mr..
Morse To send him Mr.. Swnncys receipt, (about
SELL Omaha, and stating that after they passed
the Auditor. he would send them n draft for the
proper amourts slowed the CORE spondence to
these gentlemen. We talked over whether it was
safe to do not. expressed the opinion that
it stated that | understood Warren to be
worth 5000 or $4,000. | did understand and
did 80 beiiere him to be- If. rs you say. Mr. Harris
and Mr.. Ward had, before this time sent receipts
to Warren they did it without having been spoken
to by me on the subject. The receipt of Mr.. Swim
ney in the hands of Mr.. Morse. and the second Har-
rs receipt, the only that were sent at my
request. or on my recommendation. They de-
livcred TO me. and I sent them to Warren. The
statement that las a result, Mr. Warren. and his
friend and voucher, Webb, got away with 5000 or
200 of money from this County, is an entire mis-
take. did not receive dollar, or hold either Of |
these receipts an hour. Nor did Warren get away |
with any money from these men, from the Coun- |
~ Of DOniphan, from the Townships, the Trus
tees 1t is said that he got receipts for taxes and
agreed to send the money. but did not. lie was in |
the employ of the Railroad Companies to work out
pay their taxes. The giving of receipt never |
pays debt. II is the payment that pays it. II is
possible that under circumstances a receipt |
might operate n gift of debt, but never pay
mrnt. No principle is more firmly settled in the |
law. than that a receipt is subject to explanation
that it is priHo faeie evidence of payment only. and
may be disputed by oral testimony. Let us illus
truic this:
Say owe you 800 tell you to-day. that if YOU
will receipt to for it. will send You draft for
the amount tomorrow. You do so. and don't send
tie draft Is there man Hiring that will say the
debt is paid Or there he found a man who
will claim, that when Won for the money,
ana ! produce the receipt TO show payment, YOU
cannot prove 10y oral testimony, that when yoa gave
IRE this receipt. promised to send you the money
the next day, but did not, and never have! And
when this is proven. is there anybody who would
say yOu cnuld not rrcovrrl
Now. then. the b. and NJ. Railroad Company and
the L. p Railroad Company prosecuted Warren, at
Omaha, for obtaining money of them tax
cripfs. when the taxes were unpaid. The b. g. NJ.
ease did not get TO the jury, the court directing
vrrtrt of acguiital. The L. T. ease being the Lar
zclrrr receipt. went to the jury, and the court in
srrurtch the jury as follows:
You are instructed that the giving OF the receipt
by the Road Supervisors did not cancel the tax
against the Union Pacific Railroad Company or
other company which he twarrenl represented, I'M
less the money paid the work done. 1t il
not the giving of the receipt. but it is the payment
he prf he Oiu nff ha hate |
the tax"
This instruction wasd drawn by the attorney of the
L. =. Railroad Company, on the Larzclere receipt
IL shows that the unpaid. that the Rail
road Company still liable for it, and that if
lr. Larzrlcre has paid it. he has paid that he
WAS under no legal moral obligation to pay; and
he will state to You. that at Omaha at the close of
the trial. advised him not to pay it.
Again. Mr.. Warren never worked for me on a
mine in Colorado. elsewhere. an instant in his
lie. lie never was in my employ one minute.
Again. had adj vanced on n contract in which Mr.
Warm interested, about 5000 which he had
agreed to pay me back. When he came to Omaha,
thought it possible might get back my money,
and told Mr.. Morse and SO. John S. Miller called
1T my Office. to me. to get me to assist him in
getting the money the receipt he had advanced
;" Mr. Warren. told these gentlemen that if they
see what could do for Swinney, Harris, Miller and
myself. Mr.. Morse lent me ten dollars, and Miller
paid me five. On this | went. When got there. I
Ipnnd he was being prosecuted by the b. & NJ. Rail-
road Company, the L. p. Railroad Company, and
Caldwell, Hamilton & Co.'S Bank. matters not
connected in any manner with Messrs. Swinney,
Morse, Harris, myself l represented si22 for
Swinney, go for Harris. so for Miller, and about
300 for myself / received assurances that these
'lams would be paid, if Warren could be liberated.
could see prospect of their payment, if Warren
vent to prison the charges of the b. & N. or L.
7. Railroad COmpsny's, or Caldwell, Hamilton a.
60. defended him. He acquitted on the two
irst. and the last is untried I have received not
lollar for my services. not dollar any of these
lams, and have paid ont sixty dollars more than l
received, and believe am nearer getting all
Lis money than would have been If these railroad
had sent him to prison. Besides, / have
never been employed by any one to prosecute Mr..
Warren; and il had been employed to prosecute
lin by Mr. Harris. Mr.. Miller and Mr.. Morse. on
harges they might perhaps prefer, would have
he right TO defend him on other charges prefored
" Caldwell, Hamilton * Co., the b. & NJ, or the
|. p. X. X. Co.'S. not connected with these other
matters. Very respectfully,
w.D WEBB.
Highland Station Items.
Plenty of grain coming in, and our grain dealers