Secrets of the Late Rebellion, Now Revealed for the First TimeFreese, Jacob R.
History
Secrets of the Late Rebellion, Now Revealed for the First Time
Freese, Jacob R.
United States -- Politics and government -- 1861-1865
Mr. G. arose, and said that he had no attorney to represent him in
this case, and that he was himself wholly unacquainted with court
proceedings, and did not know even how to take the first step. He begged
to inquire of the court what was needed to be done upon his part?
The Judge replied that the first thing required of him was to prove his
claim against Mr. S., beyond any reasonable doubt. To do this he must
produce his original books of entry, and prove by the one who sold
the goods, or by some one who knows of their delivery, that the goods
charged in the original entry were actually sold and delivered to Mr S.,
and then you or some one else must, under oath or affirmation, satisfy
the court that they have never been paid for.
Mr. G. replied that all this could be done if a few days' time could be
given him; that he had not brought his account-books with him, nor was
the clerk who sold the goods present. He could himself at once make
affidavit as to the correctness of the account, and to the fact that it
had never been paid, but beyond this he could not go until he could send
to Philadelphia for his books and clerk; that he could have his books
and clerk present if the court would adjourn the case for two days.
The court said that, under the circumstances, it would be entirely
proper to grant the adjournment asked for by the plaintiff; but, to
justify the Marshal in longer retaining the goods, the court would
require Mr. G. to make a written state-of-demand against Mr. S., setting
forth the nature and amount of his claim, and the fact that the claim
had never been paid in any way, and was now justly due and owing to him.
To this he must set his name, and then make affidavit that the statement
is true. Upon this, as _prima facie_ evidence of the claim, the court
will direct the Marshal to continue possession of the goods until the
case can be heard. The court asked the defendant if he had any objection
to an adjournment, or to the course of procedure proposed, to which he
answered that he had not; whereupon the court adjourned the case for two
days.
Two days after, the parties again appeared before the court The
plaintiff now produced his original books of entry, and both he and his
clerk swore that they were such. The clerk swore that he had sold to,
and forwarded to, Mr. S. every article charged upon the books. Mr. G.
swore that he had seen many of the articles in Mr. S.'s store-room on
the day he first arrived in Alexandria; that the account was due and
overdue; and that no part thereof had been paid.
Public-domain text, read in full here on John Shaqi.
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