The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-07-01
REPUBLICAN FAMILY SKELETON.
1t Is brought Out of the Closet Into
Judge Bucks Court.

1t Is brought Out of tho Closet Into
Judge Bucks Court.
Judge Buck found against the defend
anti yesterday in the case of Carrie klns-
ley vs. Commodore Power and others,
growing out of a $4,000 promissory note
given to liquldate certain expenses of the
republican central committee in the cam
palgn Of 1883, when Hon. W. A. Clark and
Hon.lT. H. Garter were running for congress.
Judgment was reserved against the other
defendants and time given Mr.. Powers
attorney to file a brief covering the law
roints involved in Mr.. Powers endorse
ment on the note. It appeared. from the
testimony of Mr.. Weed aud others that
after the committee concluded their labors
in the campaign of 1855, when L. H.. Hersh-
field, president Of the Merchants National
bank was chairman, and United States At
torney Weed was secretary and Commo-
dore Power treasurer, they found they were
indebted for labor performed and supplies
furnished to the amount of $4,000. They
commenced to devise means to raise the
amount, when 1t was suggested that the
amount should be raised by an
overdraft of $1,000. To enable them to get
nent republicans signed their names to a
note. it being then understood that the
So, 600 thus raised would DO paid by federal
oficeholders. The manner in which the
oticehOlders were to be approached WAS by
sending a letter to each one notifying him
of the fact that this indebtedness was out
standing. and from the fact that he was at
the government crib he was expected to pay
his proportionate share. The money was
raised at khs Merchants National bank and
the indebtedness for labor and supplies
liquidated. Circulars were then sent to the
of1iceholders directing them to make pay
ment of such sums as in their Judgment
they were conscientiously required to dc
A few of the otficeholders, drafts being
made upon them for the amount, honored
the drafts, while q great many others re-
fused to respond. The consequences were
that q portion of the $2,0OO was paid by
money raised in this way.
A number of the republicans who signed
the note, not desiring to acquire the motor
iety which would attach to n lawsuit, paid
their share. This left a balance Of $476.l IL.
MDo bank desiring that some one else
should institute suit to enforce the payment
of the balance. assigned the note to j.. W.
Kinsley who transferred it to Mrs. kinsley.
who sued upon the note for the recovery of
the balance due.
Mr.. Hershfeld in his testimony said
while he was president of the bank and
also chairman Of the republican territorial
central committee, that in so far as the
transaction with the bank was concerned.
the knowledge he possessed as chairman Of
the committee was not possessed by the
bank. and that the bank at the time it re-
Ceived the note had no reason to suppose
but that it = as as it's face indicated. He
said the bnnk did not know of any unde'-
standing that the money would be raised
from federal o~ficeholders.
A deposition from Commodore Power,
taken at Washington, was read to Judge
Buck, in which he stated the bank wished
to secure the territorial committee, and
asked him to procure a note OF $4,000, and
to get twenty signers on 1t. No positive
agreement was made In regard to the pay
ment of the note by those who signed it.
signers that would release them from pay
ing 800 each. Tho object of securing
their signatures was for the purpose OF
liquidatinR the debt. they to pay their pro-
portion unless the committee made suf1i-
cient collections from some other source.
The commodore says he agreed to pay his
800 with interest provided no oontribu-
tons were paid in to the credit of the com
mittee before the note became due. Mr..
Power has paid his 800 with interest, and
Mr.. T.. II. Klelnschmldt's 500 with inter-
est. The latter was paid as an Offset. Mr..
Kleinschmidt paying 800 to the county
committee for the commodore.
About a year after the transfer Of the
note Mr.. Power says he had a conversation
with l.. II. Hershtield pertaining to the en-
dorsement without recourse on the commo-
dore personally for the whole amount. ut
wan uCAlASphy ooNWoCA 2AAs
Hershfeld aud myself that each endorser
should pay his proportion of the amount.
Mr.. Hershfeld asked me as the old
treasurer of the committee to make tho col
Lotions in place OF the bank. This l do
cliued to do, and endorsed tho note with
the understanding that l WAS liable only
for my proportionnte share with interest,
except l did agree should any Of the endors-
ers be financially unable to meet the obliga-
ton that We solvent signers would arrange
pro rata to liquidate the balance of the
note. ! never agreed with: Mr.. Hsrshflcld
to pay any other signet's proportion. I did
say to Mr.. Kinsley, II I remember correctly,
that il the case WAS settled and tRken ont
of court l would pay Mr.. Burton's indi-
vidual proportions; not that l vaa liable for
Mr.. Burton. or made any agreement with
him to nay it, but my own consideration Of
his services suggested my offering to pay
the amount for him."
The signers on tho note were: L. W.
Beattie. l.. II. Hershfsld, A. j.. Seligmsn,
4. II. Carter. II. M, Parchen. Il. II. Klein
sohm,dt. ". I. Sanders. Q. X. Cole, W. Q.
Gillette. Hugh Kirkendall, II. harbour. I.
+. Fuller. n. II. kssfe, A. N. Iho,nburg.