davidaulloa/AmericanStories huggingface dataset:
The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1906-09-27
WHEN A BANK FAILS


4An~.aa r r~
s4s -
snoetns NAM
eial
The 6nlte1 states snpEsme lu
E~dectsion most point g q
Brsss sparidng which
suit bTpught by receive ot fhe
First Rattonal5Ba of Bp1alo gains
The detendants g 2 g
pre perform az
gent1y the duties q ina ma
hey had staiIeast seaA5aaaino5asnaees
onai ~
ll anAgeM
@ sN,saa
eF slg 80.
IN
Sa.s
without reviewing the various de-
Icisions ON the subject, wehoid that d.
trectors must exercise ordinary care
and prudence in the administration Of
line ahairs ofgthe. bank and that this
IincIudes something more than off
icfating as fgure-heads. They are en-.
ItitIsd Under the law to- commit the
lbankinK business, as defined, to their
duly authorized omcers, but this does
not absoIye them from the duty of
reasonable supervision. nor ought they
to be permitted TO De snielaeq 1rolI
liability because OF want Oh kno"t
edge of wrong doing, II That tgnor.
ance is the result of gross ~inattentton.
briggs VS.. spauldingi 81 1S2.)5
In the case OF Gibbons VS.. Amber.
SON ct al, decided by the United States
Circuit Court for the Western district
Of Michigan. April 81, 1897 suit was
brought by the receiver OF the CITY
National Bank OF GreenvilIe, to estab-
fish the liability of defendants who.
were directors OF the bank, for. neg
ligence In their performance Of their
duties as such. one OF the directors
of the bank, Moore. 'front.' BIC organtza
ton of the Institution, dominate the
hank and through his maIversatIon Of
the funds the bank failed. The other
directors. the defendants in this suit,
claimed to have been ignorant of any
thing wrong in the affairs Of the bank
until 1t failed. The court, by Justice
severens, District Judge said REFER
ring to the case of Briggs VS.. spauid-
ing:
"In my opinion it does not meet the
requirement OF this statement OF the
law that directors may cont1de the
management OF the operations OF the
bank to a trusted official, and then re-
pose upon 1Gelr sI ~
eonoucS sitn nnan hts On:
s%eFs 70 ssne.el 4us So :, az ~.
WIN $50 r,s idea
9 @ 49, -.
10 noe - a.
as mercy, silusu a..5.ott1anass
HtutLon - ns - n.
~.
CONSISTENT WIN tne pu4 pUses "AU a.,
icy OF ne : az t4lt is
interests snoula oe cons ~
man, Wltnout oYeFs.snt % Gnu - 81
lGlppohs w. n1ei oV reu
800
We thus see b the highest courts
decided and confirmed what is the
inevitable conclusion from any
thoughttul u me sI
lec1 nat directors must aetus
rect n a9alEs OF thelr p4nA, eIu
q director 10 tall 70 90 SO ste Ylolae
his oath and lisoney tne Jaw
The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1906-09-27

county School Books.
lat A g. Ktnkeadps, s14 Ms'n street.
The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1906-09-27

Free Antpmobile Service TO Guest1
Commercial men vim find a large ana
e~pmmodiops sample room st their dl1
posal
The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1906-09-27

-T94fr
IA big want ad an the West Virgin
ian-telling your whole story will cost
less than the shoe leather you viii
West Wrgfnlan waatSads all ays5 pasi
tbsiF own gay:
The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1906-09-27

Don't Wait until gonr statipn1y g
entirely ont before ordering but can
.Hsaup now and try our new Job d.
fbartment WEST WIRGINtkNs
Read TIE west NiFanian
The National tribune., 1906-05-03

dent that happened during the siege of
Suffolk, Va, by Gen. Longstreet. THE
9Th Mass. to which l belonged" he
says, although l was detached at the
time, was out on the Somerton road.
The rebel sharpshooters had taken
possession of a house just outside the
lines. 4 squadron of Spears 11th Pa.
Cav. had tried to dislodge them, but
We're worsted in the attempt and had
TO retire, leaving one of its officers bad
ly wounded, in the road. But the
wounded man was able to move his
arm back ami forth TO let the boys
know he was alive. He was one Of
Col. Spears pet officers, and therefore
the Colonel was bound to make a try
for him.
Quite a number of the men We're
around the road, but out of range of
the rebel fire. / do not remember just
what we were there for, but near ne
was a 166th Pa. man, q German, who
could not speak English very well
Spear came dashing along the road
with his saber drawn. He drove every
man of us into line. and made Us
charge down the road. The fire was
mighty hot. tut we got the wounded
man. A little later section of How
ards Battery shelled the rebels out of
the house, demolishing it. This was in
the Spring of 1868. l had never thought
of the officer until I saw the 166th
mentioned in The National Tribune. If
the comrade who was wounded sees
this I hope he will reply. 1 would also
like to hear from any of the boys who
were in the Engineer Corps. We had
a camp on the bluff near Nansemond
Bridge. / would like to learn some
thing about the Sergeant, who deserted
to the rebs loaded with quinine.
'I never knew what corps we were
t. ut Staff foil f,a fl,r INall zf
and the Spring of 1863. l should like
to know what corps badge to use. 1t
was Fosters Brigade, Peck's Division"
lat that time the 9Th Mass. was in
the Alabama Seventh Corps, but the
badge of that corps is the one adopted
by the new Seventh Corps of Troops
West of the Mississippi. The remainder
of Fosters Brigade afterward became
part of the Eighteenth Corps, Army OF
the James. SO that the comrade can
wear that badge.-Editor National
Tribune
The National tribune., 1906-05-03
Letter From a Confederate.

Editor National Tribune: In years
past / was a subscriber to the grand
old soldiers paper, and rejoiced greatly
in reading the narratives of the boys in
blue and the gray. l have been at sea
ever since l failed to renew my sub
scription, and trust that in the future
l may continue TO be numbered among
its many subscribers although 1 was
one among the many who tried for four
years to reduce the number of stars Oh
Old Glory by serving four years and
seven days in the Confederate army
under Lee, Jackson and HILL and only
gave up when l was captured at Fort
Gregg, near Petersburg, Va, April 2,
1865, by the overwhelming hosts of
Federal soldiers, and among that num-
ber was the 54th Pa, and among that
number who survive to-day are some
of my very best friends. having met
each other several times since the civil
war ended, in our little village; espe-
cially did we meet each other on Oct.
90, 1905, when the survivors of the old
54tIl erected beautiful Vermont gran
ite monument in commemoration of
their dead comrades who fell on the
battlefield of New Market. May Is,
1864. in which this regiment took
brave and patriotic part, and had the
day been propitious one the sIrviv
orS, about 100, would have seen more
haps, than they did IN and during the
battle, but upon very different terms.
and instead of trying to kill, defeat and
raut each other they would have found
all extending the right hand of fellow
ship and bidding them welcome and
praiSing them in their laudable and no.
BILE efforts. The weather was the worst
in months, yet the crowd was fairly
large and our citizens entertained them
in a very creditable and hospitable
manner, and they found the latch
string on the outside in every instance.
They were prone to leave u.s. at least
some We're. and did stay in our village
for several days afterwards.
This is as the writer thinks il should
be, and / am glad to say that ! believe
herald not only my own ideas in this
respect, but the great majority of the
eX-Confederates.-G W. Kennedy,
Rice's Battery, McIntosh's Battalion,
a P. Hiil's Corps. Army Northern Vir-
ginia, New Market, Va.
The National tribune., 1906-05-03
The 4th n. Y. III. A.
THE THIRD CORPS.
1t Had a Third Division In 1862.

Editor National Tribune: Within a
| few months The National Tribune, in
| replying to the query of a comrade,
stated that previous to French's Divi-
sion being attached to the Third Corps
as its Third Division in July, 1863, the
| Third Corps never had but two divi.
sions.
| This is not the fact as during the
| latter part of 1862 a Third Division
was formed, which was composed as
follows:
Division Commander, Brighten.
Amiel w. Whipple.
First Brigade-Brig.- Gen. A. Sanders
Piatt. commanding-S6th n. Y, 124th
y. Y, 122d Pa.
Second Brigade-CoI. Samuel s. Car
roll, commanding-12th n. H., 163d y.
Y, 10th Pa.
Artillery-1Oth y. II. Battery, 18th
n. Y. Battery, Battery H, 1st Ohio.
| The above was the formation of the
division at the battle of fredericksburg
where its losses were 19 killed, 81
wounded, II missing; total, 126. Dur
ing the engagement the division was
| most of the time in reserve.
| At Charlottesville the First Brigade
was commanded by Col. Emlen Frank
lin and the Second Brigade by Col.
| Samuel NJ. Bowman. and it had a new
Third Brigade composed of the 1st and
4
ram Berdan. It's 2 commander, Gen.
Whipple, was mortally wounded, and
| the losses OF the division were III kill
ed, $40 wounded, 2S9 missing; total,
1882.
In the First Brigade was the 1921
Pa, nine-minths regiment from Ian
caster County, Pa. Its time of service
had only a few days to run when
Charlottesville was fought. The regi-
ment made a splendid record that day,
and en- route home was detained in
Washington to do escort duty at Gen.
Whipple's funeral.
After Charlottesville the Third Di-
vision was broken up, the regiments
and batteries being distributed between
the First and Second Divisions of the
corps.
The Third Division. attached to the
corps in July 1863, fought with 1t at
the battle of Locust Grove, in Novem-
Der, 1863, and its losses equaled those
of the two old divisions of the corps.
L. was then under the command of
Brig Gen. Joseph B. Carr. Upon the
sacrifice of the Third Corps by Grant
as reward for having been reduced
by losses in battle. the Third Division
changed its blue diamond for the blue
cross of the Sixth Corps and made a
great record in that splendid corps. so
that il has ever since been pretty hard
IL get any of them to even acknowledge
they ever served in the Third Corps
Isaac p. Gragg, 1st Mass, eX-President.
Third Corps Union. Boston, Mass.
The National tribune., 1906-05-03
THE KENTUCKY STATE GUARD.
She Way II Was Carried Over to the
Confederacy.

Editor National Tribune: Please al
low me to come in and correct in a
slight way a point you overlooked in
your write-up Of THE Army of the
Cumberland" regarding the State
Guard Of Kentucky in 1861. You failed
to mention that the whole State Guard.
including men, horses, arms of all
kinds. one battery complete, wagons and
all camp eouipage were put on two
trains on the l.. &; y. r. r. and shippe /
"a Camp Boone. Tenn. / will now give
the facts as well as / remember them.
The Governor of the State called all
the State Guards to assemble az Null
draugh's Hill, in Camp Joe Davis, on
the L. &; y. r. r., to drill and be on
the alert for the invader. All the COM
panies were named, not lettered. My
company's name was the Bitter Water
Blues" SO we assembled and began 10
drill and do camp and picket duty.
Everything went on finely for about
two weeks, when an order was read at
dress parade by Col. Thos. Hunt an
nouncing that one of our comrades hsd
died and that he would be buried jy
candlelight. The name Of the dead
comrade was John Barleycorn.
We were dismissed and got supper.
After supper reasSembled, and every
man was given q large black bottle and
q small piece of lighted candle III the
mouth of the bottle. Forward
March," was given, and we marched
some distance, when we came to large
open grave. Here we were ordered 10
throw our bottle in and march on. We
did so, and were soon back in front of
company headquarters. Here a barrel
full of whisky sat with the head knock
ed In and lineup tied to the barrel
by string, and an order from Capt
Phil Lee (my Captains name) ito come
up and drink and be good boys" There
was a stampede for the barrel, and the
boys began to drink. / had tent
mate by the name of Joe Samuels. who
was a good, sober boy (and at that
time i was, too). I said TO Joe: Sup
pose we go home. / don't like this
whisky business, and am afraid some
one Will get drunk and kill some one
So Joe and ] concluded to go home
We walked to the depot, about ono
mile, and when we got there we sa =.
standing on the sidetrack two trains ui
cars. I stepped over to one of the
engines TO see what was up. and ]
found young engineer whom 1 knew
I asked him where he was bound for
and he said, THE Southern Confeder.
acy," and asked me If was going. My
answer was No" About that time
the wagons began to come in bringing
the helpless, drunken, poor fellows thai
were so drunk that they We're sense
less. The teamsters threw them into
the open box cars just like so many
hogs, and Just as we heard the drums
and the rest of the command coming
the northbound express came up and
we tJoe and u got abroad and went
home TO Shepherdsville, KY. We were
met at the depot by friends, and we
The National tribune., 1906-05-03

writer's left Il would like TO ask one
question: Why did not Billy Sherman
leave the Fourteenth and Fourth Corp1
together? The old Army of the Cum
berland had licked them more than
once. and could do it again.
1t has been a much-mooted question
what Influenced Gen. Sherman TO make
up as he did the force he gave Thomas
to head off Hood with. Sherman pick
ed out the best-equipped and strongest
corps that he had to accompany him on
the march to the sea, and at first only
intended to let Gen. Thomas gather up
the troops in the rear and add to them
such ~einforcements as might be sent
him, including A. J. Smiths Division
from the Army of the Tennessee. Then
he was induced to send the Fourth
Corps back, and finally, on SchofieldS
representations, the Twenty-third Corps
and Schofield were sent to join Thom-
as.-Editor National Tribune.
The National tribune., 1906-05-03
The 37th Ky. M'td Inf.

Editor National Tribune: The 37th
KY. M't'd Inf. was recruited at
Glasgow and Lebanon, KY, except
Co. II, which was recruited and mus
tered into the service for the 51st Ky.
at Covington, KY, Sept. 4, 1863, and
was then consolidated with the 37th
KY, Dec 81 and %, 1863. Charles S.
as its Captain. Cos. A, 3, c, G and X
were recruited at Glasgow, KY. Cos. A,
and C were mustered into the SER
vice at Glasgow, KY, Sept. II. 1863.
Cos. ID, E and F We're mustered in at
Glasgow, KY, Oct "a, 1863, and Cos.
/ and K were mustered in at Glasgow,
KY. Dec. 81 and %, 1863. Charles S.
Hanson was the Colonel. Benjamin J.
Spaulding Northumberland, and
Samuel Martin the Major during ITS
entire term of service.
The Adjutant-General's report of
Kentucky troops says: THE 37th Ky.
Mtd Inf. was composed of the b" st
material, and though a one-year regi-
ment, bore as honorable a part i'll the
war as many three-years regiments,
and was engaged in all the battles oc-
curing in the locality in which il sery-
ed, including the fights in jackson
County, Tenn; Glasgow, KY; Saltville,
Va, and Mount Sterling. KY" In all
$40 men and officers were mustered
into this regiment, and 531 We're mus
tered out at Louisville, KY, Dec. 20,
1854, except the re-enlisted men, who
were transferred to the 55th KY and
to the 4th KY. The casualties of this
regiment were: Four killed and 95 died
of wounds and disease; six were pris-
oners of war when the regiment was
discharged This regiment had the ad-
vance at the battle of Saltville, Va,
Oct 6, 1864. The Major of the regi-
ment covered the advance of Gen. Bur-
bridges Division in the Saltville en-
gagement. The Colonel of the reei-
ment was severely wounded while gal
lantly leading his brigade.-S. Martin,
late Major.
The National tribune., 1906-05-03
ThI. soldier pefied Fate.

Editor National Tribune: In a re-
cent issue James II. Burke, Co. ID. 9Sth
Ohio, writes of the sudden disappear
ance of Barton Durant while on the
march from Grand Gulf to VickSburS,
and of his discovery in the Anderson
Vile Pen about a year later. Also, of
the disappearance of Ezekiel Geer on
the same march in 1868. l remember
Durant and also Geo. Whelock, who
vas captured with him and came back
20 the regiment a year later. l also
remember Ezekiel Geer. who was de-
tailed as a guard at Coldwater Cross
ing. near Memphis, in January, 1864.
At the battle of Richmond, KY, Aug,
30, 1862, / remember Joseph Sims, oi
Co. ID, 95th Ohio. saying that the bullet
was not moulded that would ever kill
him. Sims was killed in that battle
some time during the day.-William
NJ. Walton. Corporal, Co. A, 95th Ohio,
Hilliard, o.
The National tribune., 1906-05-03
A Very Young Soldier.

Editor National Tribune: James Vim
cent Johnston, who died at st. Louis
Feb. IS, 1906, was probably the young
est person who rendered effective SER
vice in battle on either side during the
war of the rebellion. He was born al
Hannibal, Mo-, In February, 1857. Dur
ing January and early in February
1864, it being all quiet on the lower
Mississippi River. naval officers were
permitted 10 receive visits from their
wives aboard their vessels. Lieut.. John
V. Johnston was in command of the
u. 5. gunboat Forest Rose. On Feb
Ii he was steaming slowly up the river
his wife and little son Jim abroad. He
found at Waterproof, La, detach-
ment of colored troops were being hard
pressed by Confederate force under
Col. Harrison. He at once cleared his
vessel for action. directing his wife TO
The National tribune., 1906-05-03

lie upon the floor of the cabin. and Sc
cured little Jim to The feg of a table
and returned to his duties. Jim soon
freed himself, and went below to the
gundeck to see what was going on. He
saw the head of a little negro boy who
was acting as powder monkey carried
away by solid shot Jim at once
jumped to his place and served eff
ciently, carrying powder to the gunners
from the magazine until the end of the
fight, which was severe one, at which
time the enemy was driven away. The
sailors of the vessel were SO delighted
with Jim's gallantry In action that they
made him sailor suit, and embroidered
the insignia of Quartermaster upon
the sleeve and presented it to him. This
suit, together with photograph of him
dressed in the same, is In the rooms of
the Loyal Legion in this city. Jim was
member Of the Order by inheritance
from his father. When he died the
The National tribune., 1906-05-03
Life of VIM. Mckinley.

has a
interest in
the OF
book
in
pho o
in
in
The includes
of
Nation postpaid
NATIONAL TRIBUNE, Washington, D.
The National tribune., 1906-05-03
Has a Wartime Relic.

Editor National Tribune: 1 am glad
to say l have one of the famous papers
printed in Vicksburg on wall paper,
bearing date of July 2, 1868, with note
of July added. My husband, Sam a.
Risley (now deceased), was a member
of the U. S. Signal Corps, attached to
Gen. Grants headquarters In Vicks-
burg. l also have a copy of the
Planters Banner. published in Frank
lin, La. Con the Bayou Teche), Septem-
ber, 1860, when it was a strong Bell
and Everett paper. / lived in New
Iberia during all the excitement Of that
time.-Alice c. Risiey, Jefferson City.
Ohio.
The National tribune., 1906-05-03
Stories Eminenty Worth Telling of Experiences ard Adventures
in the Great National Struggle

| told the truth about what had hap
pened and what we had seen. We were
laughed at, but the next morning the
old Louisville Journal came out and
confirmed all that we had said. The
poor boys who were made drunk and
shipped to the Southern camp awoke
the next day to find their mistake, and
commenced to plan their escape. Quite
a number came back home, and, with
out single exception, all donned the
blue, and all made good fighters for
Uncle Sam. Those who stayed were
either killed or wounded. But three
of the crowd ever came back home
after the war was over, viz, Capt. Phil
Lee, John Lee and John Cundiff. Peace
10 their ashes. Hope this may be seen
by some one whom it may interest,"
John w. Ratliff, Sergeant, Co. L, 5th
Ky. Cav, Boyd, Tex.
The National tribune., 1906-05-03
PrOyidentiaI Spring.

Editor National Tribune: Regarding
the Providential Spring at Anderson
vile Prison, of which several articles
have been written, / can vouch for the
truthfulness Of them, for | was there
| spent four months in that dreadful
place, and three months and 3 days in
Florence Prison, s. G.. 1t was about
the middle of August. after several dnys
OF steady raining. the spring bl"st
forth, great blessing TO the poor, suf-
fering prisoners. But it was Just over
the dead-hne, and if soldier WAS un-
fortunate enough to =tagger beyond he
was sure 10 be shot, for / saw one poor
fellow shot and Killed instantly, the
same bullet wounding another II
seems impossible TO exaSgerate the ter
rtble conditions of that prison. Only
those who have been there and expert
enced the living death can realize the
horror of il. When / was captured at
the battle of the Wilderness. in MAY.
1864, / weighed $50 pounds. The fol-
lowing January after / had been out
Oh prison a month, my weight was LOG
pounds. My condition was nothing TO
compare with some others more un-
fortunate than /. As for erecting a
monument 10 Capt. Wirz, l hope all
my comrades will stand by me, and say
NO, emphaticaIiy, TO such n PROPOSE
ton. The idea of allowing such a sug-
gestion TO take root among our high
minded people is preposterous. An idea
OF his fendish characteristic may be
revealed by the following of which I
was an eyewitness: One poor soldier
mustered courage one morning to
speak to Capt WirZ about better ra-
tions. the food being unfit fer dogs.
Wirz's response was: Il will give you
bullets for bread" Needless to say, the
poor fellow was shot. A few words
about the Prisoners of War bill; / hope
Congress will do something toward
passing it. There are many old soldiers
TO whom 1t would be a great blessing.
The remaining few have but a few
years TO live, and 1t would be a great
aid 10 the surviving eX-prisoners.--
Samuel Hines, Co. c. 126th Ohio,
uhrichsville. o.
The National tribune., 1906-05-03

The Franklin and Nashville Campaign.
Charles T. Weber, Frankfort Station,
ILL.,, says with reference to the battle
of Franklin, that Nagner's Division
had no writer's, but all fighters, and the
Twenty-third Corps has some good
The National tribune., 1906-05-03

laurel wreath of hero was placed on
the casket, covered by Old Glory.-W
X. Hodges. Room 20, Laclede Building,
st. Louis, Mo.
The National tribune., 1906-05-03
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