The New era. [volume], August 23, 1845, Image 2

About The New era. [volume] ([Portsmouth, Va.]) 1845-1847

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THE HEW ERA.
Whit is it hut a Map of hu-y Life ? — Cowper.
NORFO LK~AN fT'pO RTSMOUT II
SATURDAY, AUGUST '23. 1S45.
OVW FLAG!
FREE TRADE—LOW DUTIES NO DERT—SE
PARATION FROM RANKS ECONOMY—RE
TRENCHMENT VXD STRICT ADHERENCE
TO THE CONSTITUTION.
NOTICE TO OITU FAIlt READERS.
We shall commence in Monday’s paper the pub
lication of one of T. S. Arthur’s very popular
Tales, entitled “ Acknowledging a Debt.”
ENGINEERS IN THE NAVY.
We have received a communication on this
subject signed “ Justice,” but before committing
it to tlie press it is necessary that we should have
an interview with the author. Will lie please
give us a call 1
SCT^Captain Stockton, of the U. S. Navy, re
cently appointed to the command of the frigate
Congress, arrived here on Wednesday in the
steamer Herald from Baltimore, and look lodg
ings at French’s Hotel.
For (he Now Era.
TEMPERANCE.
Portsmouth, Aug. 22, 1845.
Mr. Editor:—Will you he so good as to in- i
form the friends of the Temperance cause in this
place, that the Young Men’s Total Abstinence
Society i9 still in existence, and should the wea
ther prove favorable, next Monday Evening, the
will hold a meeting in the Lecture Room of tho
Baptist Church, at half past 7 o’clock, and elect
officers for the ensuing six months.
It is Imped for the sake of the rising generation,
that the friends of the cause in this place will
unite in the effort, and assist the few who have
resolved, that the Temperance Ball must and
shall roll on, until the Throne of the Tyrant King
totters and falls.
n nas oeen said oy some who have enrolled
their names, it is truly a noble cause, hut I can
not attend the meetings; this ought not to be the
case.
We all ought to rally under our beloved ban
ner of Total Abstinence, and manifest our love for
the cause by attending the stated meetings, and
endeavour to persuade those of our acquaintance to
join with us, for our cause is just and triumph we
must. Respectfully, S. J. S.
ROBERT J. WALKER.
A considerable space in our paper, this day is
occupied with a Statement in reference to this
gentleman, that was made against him by the
Columbia (Te.) Observer, a whig journal, and
which has been extensively copied by the whig
press throughout the country. We rejoice in the
additional evidence of the purity of Mr. Walker’s
private life, and the adatmnlive character he must
possess, to be able to withstand the repeated hit
ter assaults that have been made upon him. In
publishing this statement and its rebutter, the
Natchez Free Trader makes the following re
marks: “ This infamous attempt to destroy the
fame of this distinguished man is put to rest by
this card. It seems to have been the fate of all
public men, particularly on the democratic side,
from Jefferson and Jackson to tlie present time, to
have suffered the most outrageous abuse and all
manner of slander against their names and char
acters. Mr. Walker is not alone. The brightest
ornaments our country has ever had—even Wash
ington himself—have had their enemies, slander
ers and villifiers; and we are sorry to say that
that profession, of which we are an humble mem
ber, lias done more to foster this vicious propensity
that., all others combined. This is a melancholy
truth which we would were otherwise. The
freedom of speech and liberty of the press in this
country are our pride and our boast, but when
that press is prostituted to the unhallowed pur
poses of raking up private transactions and dis
torting them, to make out a case, and then pub
lishing them to the world to blast the private
character or public reputation of individuals, it
becomes a curse hardly to be tolerated. The
strong arm of public opinion should put down eve
ry such a press. Society should read the pilitor
of such an establishment out of its pale, and his
paper should be spurned as the murderer of that
which is dearer than life—reputation.”
For our part we cannot but rejoice that these
charges, if they are, hy the villanous and corrupt,
to be made at all, are brought forward thus early,
for they now can be refuted, as two have already
bpen. The great crime of Mr. Walker, we
think, has been, that he is the maker of his own
fortune, and so rapidly has he. risen, in public es
timation that his enemies, enemies for that reason
alone, fear that he will attain the highest honors
his country can bestow ; and therefore, their vin
dictive efforts to pull him down.
EDUCATION—ITS IMPORTANCE.
Serious reflection cannot fail to impress any one
with the vast importance of this subject. Is man,
from the nature of his being, susceptible of expe
riencing an incalculable amount, either of enjoy
ment or of suffering? Is this true of every indi
vidual among the millions now inhabiting the
earth, as well as the countless generations who
have gone before* and the multitudes whom the
future is hearing on, close upon the footsteps of
the present? Is the mind of each one of the my
riads, who were, who arp, and will he, occupants
of this, our globe, constituted and formed, either
for happiness or misery, and is it Education
forms the mind, planting therein the seeds either
of joy or wo? Who then shall measure the mag
nitude, estimate the consequences, and value the
results, r our subject of remark at this time?
He wh< would do so, must be able to calculate
the worth of an immortal mind ! Must trace
the relationship between man, the material uni
verse, and the Great Author of all; with the
aealaa of Omnipotence, meat weigh Creation and
I all things therein, both mind and matter, as in a
balance. Then, and not till then, can he ascer
tained the proper price of the God like part of
man, and, therefore, of that Education which, so
far as human means may do, forms the mind to
answer its great ends, and of that, which in a
greater or less degree, approximates towards this,
I the true standard of perfect teaching.
Who can contemplate the vast disparity of char
acter among different nations, and different indi
viduals of the same nation, and trace the causes
of that diversity, and not feel that Education is.
in truth, the lever by which the moral, the social
and political destinies of man ate turned.
Instructed aright, he is the most noble of cre
ated beings; wrongly taught, (and in no situation
is he wholly untaught.) he shows how low a mind
of lofty powers may sink.
The human being ever affected by’ surrounding
influences, is, from the cradle to the grave, a sub
ject of Education. But. more especially, in tbe
season of youth, are impressions momentarily be
ing stamped upon the character which eternity
cannot efface.
THE ELECTIONS.
In Tennessee tbe elections have proved most j
disastrous to whig hopes. The Nashville Whig !
of the 14th instant, informs us that Stanton, de
mocratic, has been elected to Congress by up- !
wards of 300 majority—a democratic gain. Wil- '
liamson, democrat, is elected to the Senate from
tbe Shelby District, and Pearce, democrat, as J
Floater from tbe same District, while Fisher, !
democrat, has been elected to the House of Rep
resentatives from tbe county of Fayette. 'This ;
ensures a democratic majority on joint ballot in
tbe Legislature. 'The democrats have rarried the
State—both Governor and Legislature. Brown’s
majority fur Governor is estimated bv the Whig
at 2000.
in Kentucky, the Democracy have lost one
Representative in Congress, Young, whig, having
beaten Stone, democratic, in the Fifth District.
We have, however, made a heavy gain in the
popular vote throughout the State.
In Indiana, the Democrats have secured a ma
jority in the Legislature on joint ballot—the Sen
ate standing 25 whig, 25 democratic, the majori
ty being in the lower House. Messrs. Owen,
Henley, Davis, T. Smith. Pettit, Catheart, Wick
and Kennedy, democrats—and C. 13. Smith and
McGaughey, whigs, are the members of the next
Congress, leaving the Representation the same as
the last Congress.
In Alabama, the Democracy, as usual have
carried the State, leaving but one federal Repre
sentation in Congress, Henry W. Hilliard in the
Second District, all the rest being democrats.
The returns lately received, corrects our former
impression that Terry, the regular nominee for
Governor, was elected. Joshua L. Martin, the
independent candidate has beaten him, hy up
wards of 3000 votes.
THE COTTON CROP.
Extract of a letter to the Editors of the Na
tional Intelligencer, dated Montgomery, Alabama,
August 14: “ Our corn and cotton crops will be
very short in this section this season, in consequence
of the long drought we have had. New cotton
begins to come in freely. Prices range from six
to seven cents.”
THE COINAGE.
We are indebted to the Treasury Department,
ays the Lnion, tor the following abstract of the
lota! amount of coinage at the mint and branch
mints fur the month of July, viz:
In eagles, $55,000; in half eagles, 0131,000;
in quarter eagles, $5,737 50—total in gold, $191,
737 50.
In half dollars, $71,000; in quarter dollars,
$15,000; in dimes, $129,000; in half dimes,
$19,000—total in silver, $261,000.
In cents, $3,343 67.
Total value of the coinage of the month of July
last, $459,031 17.
Total number of pieces of gold coined, 34.015.
Total number of pieces of silver, 2,472,000.
Total number of cents coined, 334,367.
Total number of pieces coined, 2,810,382.
Nine marriages in one day, at Bangor, Me., last
week.— Phil. Inq
All owing to the election of Polk and the tri
umph of the annexation question.
THE MOCK AUCTIONS,
Thanks to the business like way,says the New
Vork Tribune, in which onr Mayor has gone to
work—are in a fair chance of being broken up, or
at least thinned out. The Post says :
“The Police, on Saturday, in groups of two or
three, were standing at the entrances of the mock
auction stores in Chatham street. They would
neither go in themselves nor let any of their
country cousins enter, without first ‘explaining
the circumstances’ which influenced their con
duct. The consequences was that ‘Peter,’ after
‘going’ it loud and long to no purpose, at last
wearied of the dull monotony of his own voice and
its solitary echo in the halls of the auctioneer, and
gave it up for a hopeless enterprize.
Repcdtatino Republicanism.—There has
been published jo the dilferent newspapers of this
f''y Democratic, \\ big. Native American, npit
tral and mongrel—a call for a meeting of the
Aborigines or Natives, and after waiting for
some days for the names of the magnanimous,
patriotic gentlemen wlm composed the meeting,
and the proceedings thereof, we are informed, by
this morning’s Clipper, that the Delegates have
held one meeting, at which it was resolved to
adopt the title of “ Native American.” instead of
“ American Republican.” This is perfectly
right—they certainly have no just claim to the
l name of “ Republican,” as there is not a single
! principle of republicanism in the narrow-souled
i concern, and we are glad lo find that they have
thrown off the mask, and appear in all their nak
ed deformity. If any Democrats have been so
sofi as to be caught in this miserable golltrap, we
hope they had their eyes opened by the proceed
ings of this meeting of delegates, which have re
pudiated even the name of Republican.—Ball
1 Argus.
BEFORE THE EXAMINING COURT
In consequence of the high degree of excite
ment, and tho contradictory statements which
have been received here, in relation to tho mur
der of young Rood ill, we think it right to give
so much of the testimony before tho examining
court, as will present an authentic version of the
affair. W e leave out all that refers immediately
and directly to tho killing, and give only such
parts of the evidence as is necessary to make up
an opinion, whether the act was justifiable or not.
The various other witnesses, and those front
whose evidence we extract, differ in their views
as to the motives and position of the parties at the
time of the fatal affray. The first witness—
Mr. Henry J\[rPhernon, employed in the
apothecary store of Mr. James, was the first wit
ness railed to the stand. He stated that all three
of them (Kendall. Bailey, and the accused) came
into the store of Mr. James, in company, about
4 o clock yesterday afternoon. That they find a
quarrel whilst there. Mr. Kendall, the deceased,
called Air. Elliott, the accused, a coward, which
was the beginning of it. Elliott called him a
d—d liar. They got to higher words—K. call
ing E. a d—d coward, and E. repeating the for
mer oath. Kendall made at Elliott, or endeavor
ed to do so, when we held him back. They all
then went Inwards the door, and previous to which
Elliott remarked that he would fight him in a
gentlemanly manner. Kendall, after the scuffle,
said he would whip him (E.) the first time he
caught him. Elliott repeated that he would fight
him in a gentlemanly manner, os tho deceased
went towards the door ; also remarking that he
(Kendall) could not get any person to stand for
him. Tho words were, I believe, that he could
not get a gentleman. Bailey then came up to
Elliott, and asked if he meant so. When E. got
.in im, uaiif>v name up to mm and
put his fist in his eve. Elliott did not raise his
hand to resent it. . [Mr. .Jones, the counsel for
the aroused, remarked that the magistrates would
see that his eye was blacked.] They (Kendall
and Bailey) went out to the ten-pin alley; Elliott
remained hack anti washed his eye. Kendall said
twice, before leaving the store, that he would
whip him. The ten-pin alley is back of Mr. J.'s
store, and is owned by Mr. Burch.
Mr. K. repeated, as lie left the store, that he
would whip him (E.) the first time he caught
him. Both did not say so. Elliott, in not re
senting the blow and threats, said lie was in a
gentleman’s store, and did not wish to make a
disturbance there. The accused made this re
mark after Kendall’s threat, and after his eye was
blacked, anti just as Baiely was leaving the store.
Mr. Elliott, whose hands hung at his sides when
Kendall approached him. did not attempt to raise
them. 'I'he witness again repeated that B. and
K. quit the store and went up to Mr. Burch’s ten
pin alley. Elliott, then, after washing his eye,
got a man in the store, named Martin, to call a
hack. He entered it. and went off, and came
hack again into the store in about two hours ihere
afior. He returned on foot, I believe, as I did
not see the hack again. I had an iron cane_a
K»n barrel—in the store. Elliott picked it up.
and, leaving the store with it, went up 14th
street. He was gone about five minutes, and -re
turned alone, and stood in the door of Mr. James’s
store. Mr. Morse came in with a prescription.—
Elliott went out while I was putting up the pro
scription, and. when thus employed, I heard the
first report of a pistol. A lady was also in the
store at the time. I immediately ran round the
counter, and out to the door, when I saw Kendall
tall. Baily was then pursuing Elliot.
[This witness goes on to give his version of the
firing, and attending circumstances,and concludes
his testimony on the cross-examination thus]—
Being cross-examined, he said, that, after Ken
dall and Bailey left the store of Mr..James. they
went np 14th street to the ten-pin alley. He did
not, however, see them enter the house; but
Burch came down and said that they were there,
while Elliott was in the store. Elliott, having
with him the iron cane, went up as far as the
alley, and came hack almost immediately. He
had been playing there before; -and some circum
stance which occurred there, was the cause of his
being called a coward. Some person took him
from the alley, and he did not resist it—being not
disposed, as he said, to make a fuss. The wit- j
ness did not know whether Bailey and Kendall i
'veie ai ino len pin alley neiore ine occurrence
alluded to in the store, but they were there after
wards. In response to Mr. Dent, on the part of
the United States, the witnes said that, when the
three came into the store first, they came in to
gether, in a friendly mood. The deceased and
Bailey drank soda water, and asked Elliott to
drink. lie refused. In calling Elliott a coward,
Kendall said it in an parnest manner, though he
said afterwards that it was in a joke, Elliott
took offence at it, and made uso of the language
in retort before mentioned. It, however, becamp
at last serious; and Kendall seriously charged
him with being a d—d coward. Kendall said,
after he attempted to strike Elliott, that it was at
first in joke. Elliott thought Kendall was joking
when he first called him a coward, until he re'
peated afterwards that he was a cl—d coward._
Kendall called him a coward three times serious
ly, and threatened to whip him. Being cross
examined, the witness said that, although he un
derstood that it commenced in a joke, ye't Kendall
repeated it in an aggravated manner, and then
threatened to whip him the first place he caught
him.
Dr. Thomas Miller was next examined and tes
tifies to the position of the parties when he saw
them shortly after which the firing was commen
ced and on his return to the place, he found Ken
dall dead and Bailey wounded. In reply to a suer,
gestion from Mr. lloban, the District Attorney,
that it might bo as well to state the nature of the
wound that killed Kendall and wounded Bailey,
he answered : —
Mr. Kendall evidently died from a mortal
wound in the right side of the chest ; did not
think it necessary to make a minute examination
of it. I he wound received by Bailey was in
the left elbow, endangering the stiffening of the
limb, if not the loss of it. The witness went on
to say that, prior to all this, he saw Mr. Kendall
and the person whom he had since discovered to
be Bailey, playing in the ten-pin alley ; and
General Mason remarked to him, what an active
and skillful player Mr. Kendall was. In answer
to a question by Mr. Fendall, witness said he
never knew Elliott to he in any difficulty before.
He had always found him to he of a peaceable,
social disposition ; and he had always liked him
much for his kind playful manners; knew him
well, both before and since his return from the
West; and, living near hirn, was in the habit of
seeing hirn almost every day. As to his physi
cal capacity, thought he was pretty much as
youtba of his age generally ara ; never heard of
any physcial inability, cxcppt the fracture of his
arm two or three years since, though he under
stood from I)r. Hall that he had hero laboring un
der some indisposition. Kendall was an active
and vigorous young man. He would stale that
ho knew Kendall well, and liked him much ; did
not know Dailey till called to dress his wound,
though he then recollected that he had known
him when he was a hoy. Dailey was an active,
young man, presenting more power than either of
the other two.
The testimony which follows puts tho reader
in possession of all the facts which have trans
pired, and it will be seen that it was not tho in
tention of Elliott to injure Kendall, from his re
mark to witness, “ All I want you to do is to keep
Mr. Kendall off”—his aim and object, whatever
his design, was against Dailey.
Jl illiam McPhtrnon testified: I went into
James’s shop. I there learned that there hail been
a difficulty between the parties—Kendall, Dailey,
and Elliott. A few moments afterwards, Elliott
entered the store, and went into the corner and pick
ed up an iron cane [which was here exhibited] be
longing to my brother. He th*>n went out, and ,
up 14th street towards tho ten-pin alley. I saw j
him when he was returning from there. I saw ,
him, after ho returned, standing at the corner, or j
near it. when Kendall and Bailey came down 14th !
s'root from the howling saloon. Kendall passed j
Elliott,and Dailey stopped and said tohim,“We !
arc ready now to settle that difficulty.” Elliott
made no rep]}’. Kendall passed on, in the mean
time, and stood on tho corner of the pavement.
I knew that there would he a difference, and did
not wish to see it; and therefore went into the
door. Elliott, in a few minutes after, came round
in tho door where I was standing, and asked me
if I would go across the canal. I refused to go.
I could not go under such circumstances, believing
him to he armed. He remarked, “Ail | want
you to do is to keen Mr. Kendall off.”
The district attorney inquired the object of his
going to the canal. I’he witness : I presumed lie
wish to fight Bailey; but what I relate was all
that he said. I drew that inference from his lan
guage. My brother was then about going across
the street, and 1 followed him ; that was immedi
ately from Mr James’s store to the corner of the
street at the engine-house. So soon as I got
there, I remarked to B. and K., who were there,
that Elliott said that Bailey struck him unjustifi
ably. I staled this by way of introduction, with
the view to a compromise, though I did not bear
Elliott make the remark myself. Bailey said he
was perfectly justifiable in striking him. In fact,
they both said so—Kendall justifying Bailey.
Kendall then said he would go over and whip him
(E.) any how. I endeavored to dissuade him
from it. remarking that he was armed. I took
hold of Kendall, held him back by the coat, and
stopped him. He appeared very much excited at
the time. Mr. Bailey then observed that if lie
(E.) would come over on the mall, he might have
all his arms, if he would but allow him (Bailey)
a brickbat, and lie would then whip him. Ken
dall then observed that he would go over and take
his arms from him. I said. Don’t go, Kendall, he
is armed ; yon can whip him anyhow. He turned
round upon me very much excited, and was goino
to whip me for holding him. Ho broke loos"
from me, and went across the strppt.and took El
liott by the collar. They both stepped hack, and,
in the scuffle which ensued, they got behind the
tree box and further on the pavement, which pre
vented me from see’ng accurately what occurred
when they were in that position. I could not see
Kendall seize the iron cane when he was in that
position towards me. Elliott, after the collaring,
appeared to he going backwards in the scuffle, un
til the tree-box intervened between me and them.
Alter 1 got sight of them again, Elliott was re
treating backwards from Kendall, and towards
I" niter’s hotel. The pistol was fired during the
retreat, and K. fell. As ho fell, Bailey was near
towards him. Kendall, as I before said, was
pressing on Elliott as he emerged from behind the
tree-box. Bailey, having left the other side of
the street, was pressing on Elliott wIipo Kendall
was shot. Kendall fell, [ think, on the second
fire. I do not know whether the first one was the
explosion of the cap or not.
From the Southern (Whig) Reformer.
R. J. WALKER AND THE COLUMBIA
OBSERVER.
Below', we give the charge made against Rob
ert J. Walker by the Colombia Observer—the re
ply of the Southron, with the card of Mr. Walk
er’s solicitors. The facts are so plain and obvious
that we deern all remark from ourselves superflu
ous. The charges of the Observer are like many
others which all truly great men are compelled
to meet from their enemies—bitter, malignant,
and without the shadow of foundation, and made
with that desperation which risks the nconser’9
own infamy on the hazard of the accused’s pros
tration. The tide of indignation has reached its
flood, and must now fall upon the heads of the
conspirators:
From the Columbia (Ten.) Observer, July 3.
Robert J. Walker—Statement of the Case.—
A note was executed for the payment of a pur
chase from John Brown and John I,. Smith, of
this county, hy McNeill, Wilkinson, 8c Co., and
endorsed hy R. J. Walker, Thus. Bernard and S.
Sprague, for $2,600, dated January 1st, 1836,
and duo three years after date. This note was
sent to Gen. Barrow, then a member of the Mis
sissippi bar, now editor of the Nashville Banner,
and was subsequently pot in the hands of another
lawyer for collection.. The principals having fail
ed, suit was instituted against R. J. Walker as
endorser, who employed Mr. Smedes, of Vicks
burg, to defend the ensp. From some informali
ty the suit was dismissed : but mark ! the note was
then before the court, and so Mr. Walker put in no
plea of not having endorsed it. But afierward the
note was lost; a certified copy of it was, in De
cember 1842. put in the hands of Smedes & Mar
shall, of Vicksburg, who had in the meantime,
formed a partnership, and they were directed by
tiie plaintiffs to file a bill in chancery. This was
done. Now comes the rub. Mr. Walker, know
ing that the note was lost, and that therefore his
handwriting would not come upasevidence against
him, comes in with his bill and answer, to which,
of course, he had sworn, denying all the allega
tions of the plaintiffs’ bill and the endorsement of
the note. A letter to the plaintiffs from their
counsel is plain as to this point; and a subsequent
one, advising them that the original note had been
found, is authority for saying that there is no
doubt that the endorsement is in Mr. Walker’s
handwriting.
Hon. n. J. Walker and the Tennessee Obser
ver.—In giving place to the following card from
the solicitors of the Hon. R. J. Walker, we can
do no less than state that wc have examined the
bill in the case of Smith et.a|.0er«w» Bernard
and Walker, the transcript of the record of the
circuit court of Warren county, filed therewith,
as an exhibit, and also the answer of Mr. VVal
ker; and that we find the statement of the card,
in relation thereto, correct. As we are something
of a stickler for the motto, “ lot justice he done,
though the Heavens should fall,” we also feel
hound to add our belief that Mr. Walker was in
the habit of endorsing largely with Mr. bernard,
and that he would be as likely as any one \v«
know to keep n register of his endorsements,
though we are aware that this is not saying much
for him as a man of business. Having published
the charge of the Columbia Observer, to avoid
the imputation of wishing to “calumniate,” that
journal, we are equally hound to publish the coun
ter statement of Air. Walker’s solicitors, to avoid
the appearance of a wish to injure the private
character of their client by concealment. As to
• he inferences of the solicitors from the facts, the
Observer can consider them for itself. As to
tho character and standing of those gentlemen,
they are too well known to require any endorse
ment from us, here, though fur the benefit of our
Tennessee entemporarv, we will mention that
their veracity is unquestionable.
With the publication of their card, wo hope to
drop the subject; though, by expressing that hope,
we do not intend to say that onr columns are clos
ed against a rejoinder from the Observer, if one
is made and we arc requested to publish it.—
Southron.
Refutation of mi unfounded charge against
l{on. Robert J. Walker.—Finding in the South
ron of this date, a repnblication of an article in the
Columbia (Tenn.) Observer, of July 3d, the ef
fect of which is, that Air. Walker committed per
jury in denying the endorsement by him of a note
made by Wilkinson, AIcNeill & Co., it occurred
to us that the note described in the 'Tennessee pa
ppr was that on which a bill had been filed in the
chancery court, in which we were the solicitors
of .Mr. Walker, We, therefore, instantly recur
red to the case—and have the pleasure to submit
an abstract of the hill and answer, which will
show how utterly unfounded havo been the crim
inations published in the Columbia paper:
On March 2lst, 1812, John T,. Smith, John
Brown and Henry Smith, by Smedes Sc Marshall
'heir solicitors, impleaded Thomas Bernard and
Robert J. Walker, by bill in the superior court of
rhancpry held at Jackson, alleging in effect_
'lint at Natchez, on January 1, 1836, McNeill,
Wilkinson &. Co., made their note to Walker for
*2006 64, due at 36 months, payable and negotia
ble at the Planters bank at Natchez; that it was
endorsed by Walker to Bernard, by him to
Sprague, and by him to Henry Smith ; that at its
innturiiy it was presented, protested for non-pay
ment. and notice sent by mail to Walker; that on
March 7, 1840, H. Smith brought suit against
Chewning, (one of the makers) and Walker, and
Bernard which was discontinued as to Walker
and Bernard, hut judgment obtained against
Chewning in the circuit court of Warren county ;
that H. Smith withdrew the note and transmitted
it to Natchez; that it was lost or mislaid, but be
fore a knowledge of the loss, lie transfered it to
John L. Smith and John Brown; that Walker
and Bernard endorsed for the accommodation of
the makers, who had afforded them, or one of
them, ample indemnity; and the hill seeks de
cree for the amount of the note. A transcript of
the suit at law is filled with the hill—which
shows a plea of non-assumpsit by Harrison St,
Holt—which commences “ and the said defendant
R. J. Walker,” &c., but is signed “ Harrison St,
Holt, for Bernard.” It shows farther a discon
tinuance of the suit ns to Walker ami Bernard,
and a jury and verdict against Chewning. On
'ho 18th November, 1843, Mr. Walker himself
demurred to the bill ; and on leaving Jackson for
Washington city requested us to appear in the
case for him. When tho demurrer was overrul
ed, one of us (A. Hutchinson) transmitted to him
an abstract of the hill and requested him to for
ward his answer, which he did by mail. His an
»wer, verified on the 26th April, 1844. at Wash
ington. and countersigned by us as his solicitors,
and filed on the9lh of May following usps this lan
guage : “ That he has no recollection of endorsing
said note of two thousand and six dollars and sixty
four cents referred to in said bill of complaint, and
cannot admit said endorsement, and requires full
and strict proof of said alleged note and of the
loss thereof, and of the endorsement as stated, of
this defendant. J his defendant has no knowledge
of the alleged psegent ment of said note for pay
ment, or of the demand thereof, or of the notice of
non-payment, and therefore cannot admit the
same, and requires full and strict proof of said
presentment, demand and notice, and that the
same were in due from and according to law.”_
The answer concludes with a direct denial of
having received any indemnity for such endorse
ment, or of having any effects of the makers, or
of pither of them.
H is apparent that although the Observer has
been misinformed as to the sum named it ihe note
"f being 02006.64, and not 2600. yet the note
otherwise referred to in the article can only be
the one which is the subject of the bill and an
swer before its. The first crimination in the ar
ticle is that the note was before the court in the
suit at law and Mr. Walker put in no plea deny
ing the endorsement. The transcript does not
show whether the note was filed, or retained in
the satchell of Thomas A. Marshall, the plaintiff’s
lur°I?ey‘. ,The cnun,firPart writ, to summon
" a I Iter St Bernard, was to the sheriff of Adams
county—and was returned executed ; but it does
not appear whether Mr. Walker ever saw the
note pending thp suit. From the plea filed by
Harrison and Holt, it is uncertain whether they
intended it f„r Walker, or for Bernard. Ft be
, gins for Walker and ends for Bernard. If Mr.
Sinedes was employed by Walker, as is asserted,
he seems not to have appeared for him. The
plaintiff discontinued the suit as to Walker and
BernardI; and it does not appear to have been dis
missed f„r informality. The ground or cause of
j discontinuance is not stated. The utmost that
can be collected from the transcript is that the
writ from Warren was served on Wnlkor in Ad
ams county. It is not chargpd directly that he
tad inspection of the notes, and it cannot he in
ferred from the record that he ever saw it pend
ing the suit. The chief charge is that after
knowing the note was lost, and after being sued
on tns endorsement in chancery, Mr. Walker de
j nied on oath his endorsement of the note;_that
“ a letter to the plaintiff’s from their counsel is
p am as to this pointand that a subsequent
ettor had stated that the note was found, and
that, as believed, it bore Mr. Walker’s endorse
ment. I be bill as already slated, was filed by
Messrs. Smedes & Marshall, who are gentlemen
of high standing at the bar. They are the re
porters of the decisions of the high eonrt; and
that they, after seeing Mr. Walker’s answer, the
words of which in relation to the matter we have
quoted, could have so informed their client, we
think absolutely incredible. Without knowing,
we venture the supposition that they in general
termsunformed their clients that the answer con
tained such denial as cast on them proof of the
note, &o. It is plain that there is no absolute
perns of the endorsement. The answer is that
he, Mr. Walker, at the time he answered, had