Mower County transcript. [volume] (Lansing, Minn.) 1868-1915, 1888-08-08

ren0er you any assistance in my pow
er," said Mr.. Carter, and, having
thanked him for his information, I
took my departure.
The trial was fixed to take place at
the next assizes in the neighboring
town OF Leighton, and you may be sure
that and Mr.. jackson and our wit
nesses were there in good time. After
some other cases in the list had been
disposed of, the case of Flint VS.. Jack
son was called ON. Mr.. Elsdon, @. c.,
and Mr.. Shelton appeared for the
plaintiff, Mr.. Hcrnon, @. c., and Mr..
Lumley for the defendant Mr.. Elsdon
opened the case on behalf of the
plaintiff. He stated that the action
was brought to recover f1,OOO,
advanced by Mr.. Sharper Flint to the
defendant, Mr. jackson, for which the
bond in question had been given. Mr..
Elsdon here produced the bond, which
our counsel after examining admitted.
Mr.. Flint stepped into the witness box
and sWore that he had advanced Mr..
William jackson the sum of FL, 200 on
the security of the bond which had
been produced-that the sum had
never been repaid to him, but
that the whole of it was still due
and owing. Mr.. Herbert cross-exam-
med him pretty sharply as to whether
the money had actually been advanced,
and as to how he got possession of the
bond; but he stuck to his story, and
stepped down from the witness box with
his evidence mistaken.
Mr.. Herbert addressed the court on
behalf of the defendant. His learned
friend, he said, had stated that he did
not see what defense there could be to
the action; but if that were so, he was
afraid the plaintiff had not been so
frank with his legal advisers as he
should have been. He then called Mr..
Jolly, who explained the way in which
he had found the bond, and also swore
that the desk in which he had found it
formerly belonged to Mr.. Winter, Mr..
Jackson's solicitor. The plaintiff s
counsel apparently did not think much
of this evidence and allowed Mr.. jolly
to step down without any cross-exami-
nation. Mr.. Carter then stepped into
the box and stated the circumstances
of the bond having been pre-
pared by him while he was in
Mr.. Winters employ, of the letter
from Mr.. jackson stating that he had
determined not to borrow the money,
and requested Mr.. Winter to cancel the
bond, and of the unsuccessful search
for that document. He also stated
that, as far as he knew, the bond had
never been found. The plaintiffs
counsel evidently thought this more
serious, and subjected Mr.. Carter to
rigorous cross-examination, but failed
to shake his evidence in the slightest
degree. Mr.. Jackson deposed that he
had been through his fathers books
and papers and found no trace of any
sum having been borrowed.
Mr.. Herbert again addressed the
court on behalf of the defendant, SUBJ
mitted that the evidence which he had
adduced proved that the money had
never been advanced, and that the
bond had never been given to Mr..
Flint. Mr. Elsdon replied on behalf of
the plaintiff, and endeavored to make
light of the evidence which had been
given.
The learned Judge shortly summed
up the case and the jury retired to
consider their verdict.
/ had been so interested in watching
the case that had noticed nothing
else, but now looked toward the place
where Mr.. Sharper Flint had been sit
ting, and found that he had disap-
peared. In few minutes the jury re-
turned to the court, and amid a pro-
found silence the clerk of the court
asked them the usual question:: "Gen-
tlemen of the jury, are you agreed up
on your verdictp'
1--WE are," answered the foreman.
"Do you find for the plaintiff or the
defendantp"
'For the defendant" I heaved a
sigh of relief, and, happening to look
behind me, saw Farmer jackson, the
anxious expression which he had worn
lately, gradually giving way to his old
look of good-natured contentment.
The judge having ordered the ver-
dict to be entered for the defendant,
expressed an opinion that Mr.. Flint
ought to be prosecuted for fraud. Ac-
cordingly, as soon as left the court,
I obtained warrant for his ap-
prehension; but we were too late,
for we found that he had
absconded, taking with him all the
money and portable securities he
could lay his hands on. We traced
him as far as Mudford, a junction about
thirty miles from Barton; but there We