The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1886-11-11

was a surety on all four OF the bonds given
by Gushing and his deposition covers the
period through which all four bonds ran
He testified that he went on Cushing
bond ut the request of Carroll himself, and
: that Carroll promised him to keep him
posted rs to the standing of business be-
tween himself and bis deputy. This
promise Carroll redeemed. He. at various
times, toften without any inquiry being
addressed to biml assured him that Cusll-
ing's accounts with HIM were all correct,
7 that Cushing was not behind in his settle
menis, ard that everything was all right
between him and his deputy. These as
surances from Carroll ran through all the
terms and up to the time of Carroll $
bert testified to similar assurances from
4 Carroll, of Gushing not being indebted to
him and of Cilshing's official accounts be-
Ing all right. The commissioner in his
report says that from the entries in the
books Carroll must have given these as
surances in ignorance or purposely to de-
ceiYe the sureties, for the books showed
that there had been no settlement, that
could be called settlement between him
and his deputy The commissioner holds
that if the Court admits the dispositions
mentioned. the amount. for which these
sureties are held should fall, instead, on
the estate of Carroll, as it is clear that it
was on his assurance that Cushing's ac-
counts were all correct that the sureties
of Gushing renewed. or entered upon their
! responsibility.
| Inthe matter of where the weight of
Carroll's default should faI-on which set
OF the deputy s sureties-the commissioner
adopted the general principal Of the law
| in such cases that where neither debtor
nor creditor makes application of pay
ments, the law applies them to the oldest
debt. This places the burden ON the sure
ties of the third and fourth bonds, and
while it doubtless works an apparent hard
ship, there is no other way to fix it.
The work done by the commissioner has
| been of the most exhaustive character.
| The ledgers of Carroll have been tran
scribed and made part of the record.
! Three separate presentations of the case
have been made from separate points of
view-the official terms, the annual terms,
and the third carrying the balances from
term to term. The work covers over two
hundred sheets of legal cap paper. 1t has
been most thoroughly done. and is the re-
suit of long days of labor conducted with
expert skill.
The surety of Carroll is Gen. John
EchoIs. The sureties of his deputy are
w. A. Burnett, A. A Grubert and Jos. F.
TannehilI The estate of Carroll was dis.
posed of for $12 ,2S3.06, while the shortage,
of every sort, is SIS, 3Sl. SIS, leaving final
shortage of only about So, 00O How this
will be settled will probably be the subject
of other suits, besides the one now in
progress.
THE DEERFIELD TRAGEEY.-We men,
toned last week the killing of a colored
boy at Deerfield on election day. A cor
oner's jury-Esquire Wilson. acting coro
ner-held an inquest over the body on
Thursday and Friday night, and the ver-
dict rendered was that the deceased cana
to his death by a knife in the hands of |
Jno. w. Dunlap.
From the evidence it appeared that the
deceased, Ashby Walker, colored boy,
employed as teamster by Mr.. William |
Mackey, drove up to the store door, at |
Deerfield. about an hour after shutdown on |
Tuesday evening. Whilst the team was
standing there, Jno. Dunlap jumped into
the wagon and attempted to drive it off. |
Walker interfered to secure his team
when free fight, between Dunlap and his
brother, Preston Dunlap, and Walker, and
several other parties, ensued, during
which Walker was fatally stabbed in the
temple by John Dunlap, and several others
| were more or less hurt
| Mean whiskey seems to have been at
the bottom of the whole of it. The party
about the store were pretty drunk when
/ the row commenced, and no one seemed
| allie to give a thoroughly intelligent ac-
count of the affray. Both John and Pres
ton Dunlap escaped So far as we could
learn there were no politics involved,
Walker not being voter, and having
reached the store long after the polls were
closed.
| The grand jury should not only make
thorough investigation of the murder it.
self, but Of the causes which led to it, and
see if this custom of whiskey drinking
about the polls cannot be stopped
BARN BURNED. -On the night of the
5th, inst, the barn on the Pelter farm.
near Waynesboro, was consumed by fire.
Some ten or twelve hundred bushels of
wheat belonging to Mr.. Henry Koiner
were destroyed. There we're, also. some
| corn oats and hav and all the farming