The morning news. [volume] (Savannah, Ga.) 1887-1900, 1890-10-02
COMPROMISED AT LAST.
FINAL BINDING OF TIE LITIGATION
IN THE GOULD BOND CASE.

The Government Accepts $4,000 from
Mr. John Nicolson and Discharges
Him from Further Liability - How
John e. Gould's Default Hurried
His Bondsmen into Bankruptcy-A
Shortage OF Over $4,000 with In
terest Makes 1t Easier for Him to
Run for State Auditor Than to
Walk Up TO Uncle SANS Desk and
Settle.
The last act in the litigation growing out
of the defalcatiou of John H Gould. inter-
nal revenue collector Of the First district of
Georgia in the seventies, was the acceptance
on yesterday by United States District At
torney Marion Erwin Of proposition by
John Nicolson, one OF Gould's bondsmen, to
settle for 5000 and costs, which is all the
government gets out Of default of s49,
SOC 40.
Gould seems to have forgotten the history
he made in Savannah. and is the republi-
can candidate for state auditor of Massa-
chusettS
A HIGH ROLLER.
Gould was collector here from the latter
during that time he and his deputy, Alden,
were high rollers, living in luxury, winning
| and dining. and alternating their morning
and evening drives with fresh blooded
teams.
On the first bond, given June Z. 1869, d.
r. Dillon and Aaron Wilbur, bondsmen,
after short time got off the bond.
On Sept. q Gould got up new bond and
shortly after James Mcdonald, a bonds
man, came Off Dec. 90, 1869, Gould was
reappointed, and after some difficulty a
bond for 100000 was gotten up Jan. IS.
1870, with Theodore B. Marshall, John
Lama, Levy Nathans, l. ID. LaRoche and
John Nicolson as bondsmen.
GoULD's FLIGHT ABROAD.
After the default Gould fled to Cuba,
where he remained for a year, coming to
Savannah under cover once within that
time.
United States district court, Aug. s, 1879,
by Henry P. Farrow, United States attor-
ney. The marshal's return was that Gould
could not be found.
The case was afterward RENTED to the
United States circuit court by Judge Frs
kline, Dec. l. 1878. 1t came on for hearing
April %, 1885. and Judge Emory Speer
withdrew juror and declared mistrial
on one of the suits for over 81 900 on a
| out In the certificate of the transcript that
the latter contained true and complete
statement OF the balance due the govern
ment. A new trial was granted with
| the order declaring mistrial,
| and the government obtained a verdict
at subsequent trial. on April %, 1886.
Judge Speer gave judgment against Mar
shall, Nathans and Nicolson for S41, 622 SO
with per cent interest from Feb. IL, 1872
In the progress of a litigation extending
over period of eighteen years, the deaths
OF John Lama and D. r. Dillon were sug-
gested. The case against LaRoche was
| dismissed on a plea of bankruptcy, he hav-
ing been discha eyed in bankruptcy, and the
pleas of those on the first and second bonds
who did not go on the third bond, escaped
on the plea that the default was not i'll the
period covered by their surety.
The marshal In his return on the execu-
| ton against Marshall, Nathans and Nicolson
returned no property to be found. Lama, a
wine merchant, and Marshall, ship broker,
| failed.
REvIvING THE JUDGMENT.
Mr.. Nicolson sold his real estate before
the final judgment, but United States Dis.
trics Attorney Marion Erwin revived the
| judgment last year on instructions from
| the treasury department, and execution
| was issued against lands held by Nicolson's
| son, and the property was sold and bid in
by the government last spring. The land
was sold under protest of young Nicolson's
counsel, and out of a promised extended
litigation has come about the compromise
of last Monday.
The bondsmen employed eminent legal
talent and made bitter fight. The late
Andrew Sloan, at one time a member Of
congress from this district, and who died in
New Mexico some six or eight years ago,
and Hon. Rufus E. Lester, present con-
gresham, we're among counsel for defend
ants, and the gamut of litigation ran
through the courts before Judges Erskine,
Locke and Speer.