St. Johnsbury Caledonian. [volume] (St. Johnsbury, Vt.) 1867-1919, 1895-06-07
COUNTY COURT.
whatever. Col. Fletcher held security
o.I,,+o the amount of $4,000.
[continued from first page,l

pleaded guilty and took a sentence
to states prison.
lust before Walters appearance in
court his family offered the banks SO
per cent Of the face Of the notes for
their surrender, and also offered Col,
Fletcher $4,000 in settlement OF his
claim. The offer was refused by Col.
Fletchcrand the banks on heground
that they would become parties
to felony.
Now the Lyndonville National bank
sues Col. Fletcher to recover on its
$4,000 note. 1t claims, first, that the
Endorsement on the renewals is gen
uine. and second, that whether such
is the case or not it is still entitled to
recover, the original note never hav.
ing been paid.
On the other hand, Col. Fletcher
has Walters written confession that
the Endorsement is forgery. On the
second point, Col. Fletcher claims
that the failure of the bank to notify
him of payment OF the note at the
proper time-at the time it fell due
absolves him from all liability.
E. D. Blodgett, the town treasurer,
was the first witness and he identi-
fed the signature of Mr.. Fletcher on
a mortgage and also on some school
orders. A photograph OF the sigma
ture on the mortgage and a package
of school orders was submitted as
evidence in the case.
T. c. Fletcher was called to the
stand and admitted that he wrote
his name on the mortgage and the
school orders. He also admitted
that he signed the original note of
$4,000 and his name as indorser on
two renewals of this note.
l.. B. Harris was the next witness
and kept on the stand about an hour
He testified that Charles T. Walter
asked him for the loan in November,
1889, and proposed the name of T.
c. Fletcher as indorser. The bankdi-
rectors met and voted to discount
the note if it was Endorsed by Fletch-
er. When Walter presented the note,
witness gave him check for $3000.
Witness identified the note and also
the next two renewals. When asked
to explain the meaning of the word
paid" on the note he said he
stamped it on, as he supposed the
note was paid by a renewal. Debt
had never been paid except by re-
newed note. The business was all
done with Walter and usually by
mail.
Mr.. Harris was sharply cross.
examined by Mr. Prouty. In reply
to Mr.. Prouty's questions he said
that he never knew Fletcher held
security for Walters note until the
time of Walters arrest in August,
1898; that he saw Fletcher write
his name the day Walter was ar.
rested; that he first believed the
note was forgery because Fletcher
said so; that later by comparing
all the notes he believed the sigma
lures on all Of them to be genuine.
Mr.. Harris denied that the bank had
anything to do with Walters arrest
tor forgery and said he came to
st Johnshury by request of Mr..
Bates, then states attorney, went
to New York to see Alfred Hall to
have him pay the notes and avoid
scandal; went there on his own
account and not by instruction of
the bank. Witness admitted under
cross-examination that he had Wis.
tied Walter recently and that Wal
ter told him that Mr.. Proutv had
instructed him not to discuss the
case.
The bank directors were called and
corroborated the testimony of Mr..
Harris about taking the notes with
Fletcher's Endorsement.
The last witnesses for the plaintiff
were H. K. Dewey, cashier of the
Barton Bank, Nelson Bailey, cashier
OF the National Bank of Newburv,
S. M. German, assistant cashier
OF the Newport National Bank and
W. J. Stanton, cashier of the Nationa1
Bank Of Lyndon. All four testified
that, in their judgment, the name o.
I. {. Fletcher on the last two renew
ais of the $4,000 note were genuin,
signatures. The plaintiff rested theil
case here.
The first witnesses for the defens,
were John c. Clark, the former cash
Ter OF the First National Bank, w. S