The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1885-05-27

vBye Teen OF the most cordial nature. Toe
President is appro9chable and stfable and ia
every sense a courteous gentleman"
MINISTER LOrHROr's OPEN LETTER.
The rev ABRo,ss.s 10 Ess:iS Replies to
The Detroit Free Press publishes the fol-
loving letter from Minister Lothrop.
4 ann informed that the New York Tri-
bUne has published the opinion OF Judge
Potter in the case of the State o. Michigan
VS.. the PbmniX Bank, in the New York Court
of Appeals, rs an irnpe achment of my per-
soDal character. In my present position my
character il the fair subject OF public
scrutiny, bus this opinion, perhaps un-
Intentionally, does me cruel wrong,
which j am sure the author. if he knew
me, would be the first to redress. The wrong
consists in this-that By implication, az
least, am involved in certain concealments
made by the bank, of which l never had the
slightest knowledge. l will, as briefly as
possible, stste the case as presented to me:
In 1898 the Ph9niK Bank advanced 10 John,
Norton, Fiscal Agent of Michigan, for the
use of the State about $40 500, in two drafts
one on the Farmers aud Mechanic9' Bank
OF Michigan and one on the River R4isin
Bank. The State fell into great financial
embarrassment and the money WAS not re-
paid. The question was slso raised
whether Norton had any author
and whether the Sta.s had tina benefit
of it, The Phmnix Bank put the claim toto
the hands of Mr. Charles II. Stewart. an a.
tOrney OF Detroit, for collection, who seems
TO have bad possession of Ii from about 1910
TO 1913, when he il Fl the State, aud afterward
returned the papers to the Pb@aix Bank.
The actitn OF Mr.. Stewart while he had
charge of the claim, became. as it will be
seen. Of tire utmost Importance.
In 1865, Mr.. Ti.esson, of the then emf
nent firm of Spo ford & Tileston and Prssi.
dent of the Pbmaix Bank, came to Detroit
and put the claim into the hands of Lothrop
& Dnmeld, then comparatively vcuug law
gers. for collection sgainst the S.ate. This
was the FIST that I bad ever heard of
the claim. He told nae explicitly that not
one cent bad ever been paid. Among the
papers was dead of the State Bank TO Stew
ert made IN 1910. of quantity OF wild land
in Saginaw County. in trust tor the Pho ak
Bank Of The city OF New York. or for the
Auditor Ger er-l OF the State OF Michigan
RhicbeVt shall sssums the dsbt hereby sat-
ted by the party the Darty Of the first part
an g subsequent deed by Stewart OF these
,sDds 10 the bark Mr.. TIlsSton told me
that A. r. Stewart ent the bank TIRES deeds
IN package with other pspers 10 the case,
bat he told me that his bank wholly refused
TO Except the 6fe0~, and tnat their ella u vas
spSlnst the etc and not against ang
bank. Under these Instructions L pre-
TO the B1ssd OF State Auditors,
and in May, 1854, after notice to the At
toTney General. l presented the case TO the
full board public tessioD, and argued il
taIntsly, both orally snd in writing.
argue il in The utmost good faith, fully BE-
heviug it ia be an equitable claim. / stated
tTothtUlly, 81 far ms / then knew, lot only
| the grOnnes en- which l rested the claims
bat also all The Objsctions l had aver heard
Gsirst the cisim. With this Argument my
agency in lbs case wholly ceased. The
board had the csss under sdvjsement over
six months, when they awarded .he bank its
eDiue claim, being about $50 600. Son
Hfierwsrd it appeared that there we're facts
that had not been disclosed 10 the
board. Mr.. Stewart, it is said, under
the authority Cf letter from the
Fl oanix Bank, had made foil settle
rent with the River RSisin Bank ~ that
part OF the claim. / never heard lisp oil
Ih,s until long after the award, and though
! do net know, l have always supposed mr.
Tileston was equally ignorant, as he was not
President Of the hank in 1910, and am not
aware that it is claimed Mr.. Tileston had
any knowledge of Stewards dealing with the
State Bank other than what / have given
above. Upon the ground of this conceal
ment by the bank of the settlement made by
Stewart with the River Raisin Bank, OF
which, repeat, | never had the slightest
knowledge, the Court of Appeals held that
claim IS had bean settled With the River
Raisin Bank. bat could not recovef back the
residue, the Stale having had the benefit
of il.
I'm this conceslment had no part nor
| lot except that YVES the attorney of the
| bank and did not disclose what 1 never
knew or suspected. should add that had
| no interest in this claim. l dealt with il as
l have always dealt with professional mat.
tiers, with zeal and fidelity but carefll as
| far ss / knew to be- hight For the recovery
| OF this large sum Lathorp & Duf1eld chs-ged
! end received only 81 600 When these facts
were fret disclosed, this whole matter was
| thoroughly discussed, examined aad settled
here in Michigan. 1t was then buried out
OF sight. 1t is now exhumed, not at
home, but sbrold, who're 1 am not
| well known. 1t certainly wounds me, not
| for myself, for that is settled, bat it is de-
| signed TO embarTass those who. In the trust
/ of high appointment, have repoied conf
! dence in me. Would it not have been more
/ lust had the Tribune first ascertsined
/ whether there was q equitable man in Mich
/ gsn who would endorse this exploded scan
| dsl In long and busy life l atn not aware
that any other slur was ever cast upon my
/ character. speak of this reluctantly and
best known, is best shown by the multiplied
public and unqualified commentators
/ which, irrespective of party or Glass; from
eli ever Michigan. greeted President Cleve-
lands appointment"