Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1884-11-20
CIRCUMSTANTIAL.

In 1884, while residing in Maine, l went
to Wisconsin to attend the circuit court of
the United States. Soon after entering the
court house stranger came to me and SAID
he wished to engage me. We stepped into
a lobby, and asked him what the case was.
In reply he said that his name was Merri-
man, that he had been bound over on charge
of abstracting money from the mail. | said :
eff you are bound over you have had a
hearing before magistrates: what was the
evidence in that hearing? Tell me as full
ly as you can" He replied that there were
three witnesses against him: Mr.. Mitchell,
the postmaster at Portland, Mr.. Pickard,
the mail contractor, and the driver of the
stage. Mr.. Mitchell testified that letters
money having been several
times lost from the eastern mail, he was
by the postmaster general to de-
tect the offenders; that, for that purpose
he went to Belfast, and there he and
Mr.. Pickard, the mail contractor, prepared
a letter addressed to Gen. Mcclellan, of Bath,
to contain remittance from a
debtor that into this letter they puta sum
of money in bank-bills, and made it up in
such manner as toappear to contain some
other letters; that they put it into mail
bag, which was taken by the driver into
the stage; that they Mitchell and Pickard)
took a chaise and accompanied the stage,
leaving Belfast in the night; that they ar
rived at a post Office, between Belfast and
Camden that the bag was carried into the
Office and in due time brought out, and
then examined by all three, Mitchell, Pick
ard and the driver, and the letter to Nc
Lellan was found in it; that they then pro-
ceeded on their way, till they came to the
post office in Camden; that the mailbag
with the letter to Mcclellan in it was taken
into the Office, and, after the usual time,
was brought out, and put into the stage; :;
that they then drove some distance from the
village, there stopped, took the bag from the
stage and carried it to the chaise; and
there opened the bag took out all the
letters and papers and placed the letters
on one side of the seat Of the chaise and
the papers on the other, and they all
examined the bag; that they took each
letter and each paper by itself and put
them back into the bag, and the letter to
Gen. Mcclellan was not there. The bag was
then taken by the driver of the stage, and
he proceeded on his way. Mitchell and
Pickard returned to the village and had the
postmaster arrested for abstracting money
from the mails. Mr.. Pickard testified to
the same facts, confirming Mr.. Mitchell in
every particular. The driver also was a
witness, and confirmed all that had been
testified to as to his participation in the
business. In answer to questions, Merri-
man stated that all three of the witnesses
swore that the letter to Gen. Mcclellan was
in the mailbag when it went into the office
at Camden, and was not in the bag when
it came out and the driver testified that
there was no one in the Office but the post
master. I asked my client what he had to
say he answered that all he had to say was
he was in his Office that morning alone.
The mail bag was brought to him he open
ed it as usual, took out the letters for Cam
den, put in those that were to go forward,
closed the bag, locked it, and delivered it to
the driver who carried it away, and that
was all he knew about it.
Such was the case of my client as present
ed by himself. What was my duty? 1t is
true he denied that he was guilty, but SO
can every criminal, and all do who employ
counsel. He admitted that he had not the
slightest evidence to offer against the testi-
mOny of three respectable witnesses, and that
he had not a word to say in explanation.
Ought to have flared up with virtuous in
and at once refuse to aid man
to escape punishment who was so palpably
guilty? That was not my course; but after
rejecting few minutes said: "Have you
ever caused inquiry to be made of general
Mcclellan whether he received that letter?'
He replied, "No, 1 never thought of such
p thing" I then advised him to send a
person Immediately to Bath and ask Gen.
Mcclellan if he had any knowledge of such
q letter, and also to make the same inquiry
Of the postmaster at Bath. He sent man
who in due time returned and
reported that Gen. Mcclellan said that he
did receive such letter on the day which
he named, and which was short time only
before. When he received the letter he had
no recollection of the writer, butsupposed it
was all right. The messenger then went to
the postmaster, who said that he recollected
such letter, that it came by the eastern
mail, on the day which he named, that he
opened the mailbag himself, and seeing
letter directed to Gen Mcclellan, which
looked as if it might have money in it, he
did not like to have it lying in his office, and
sent it by his boy to the general. The time
when the letter reached the postmaster of
Bath and Gen. Mcclellan, as stated by them,
was the afternoon of the day on which it
passed through Camden. On receiving this
I went to the district attorney,
Mr.. Shepley, stated what information we
had obtained and requested him to sub
Dena Gen. Mcclellan and the postmaster at
Bath to go before the grand jury. He did
20 and the result was that no Indictment
was found and my client was discharged.
He had been so anxious that during the alb
;ence of his messenger at Bath, he retain
I'd Gen. Fessenden; and we, after confer
ing together, advised our client to bring
action against Mr.. Mitchell for malicious
He did so, and recovered over
81 900. The case, Merriman against Mitch
III. is reported in Shepley's Maine Reports,
about the year 1885, O.. Maine Reports, 1867
Such was this remarkable case, as describ-
I'd by the distinguished jurist who was in
,trumental in saving from ruin an innocent
nan. 1t is true that there was no trial
md the suggestion made by Mr.. Sprague to
nquire of Mcclellan whether the letter had
oeen received might have occurred to lay
nan, but it did not occur to the person ac-
,used nor any of his friends. 1t required
The brains of a man of practical experience
md of legal training to get at the bottom of
;he matter at once. If this course had not
1een pursued, the accused postmaster would
have been convicted, as Mr..
Mcclellan did not know, and had no reason
% suspect, from whom the letter came, and
lad probably forgotten all about it.
INTEMPERANCE.-Ho many are send
ng up prayers for help to save some dear
me, that liquor is dragging down to the
owest depths of misery and despair! How
many bri ght ornaments Of socity, substan-
ial business men, kind husbands and faith
RS, have sunk so low, one bushes to know
hem!
Think of the blasted lives of the wives and
title children, who live lives of torture, be-
,ause their fate is linked with one who
owes liquor, better than the wife he has
sworn at Gods altar to love and protect.
How many woman hears with terror the
ootstep, when at one time made her heart