I met this lawyer in Austin a year or so later, and he made no further
explanation except to affirm that it “made no difference, because the
Supreme Court had decided that my judgment was void.” As a matter of
fact, and of record, the Supreme Court had decided that the judgment was
valid. And here I will state a fact which I hope the reader will
remember when he comes to read the case following this one—_this
gentleman was later on elected a Judge of the Supreme Court of Texas_.
My judgment for $50,000 (mentioned in the preceding paragraphs) was in
1868, before the Supreme Court at Austin on writ of error or appeal, or
both, taken or claimed to have been taken from the District Court of El
Paso County by the defendant. A supersedeas bond for one hundred
thousand dollars _damages_, signed by John Hancock and Thomas J. Divine,
was filed with the Clerk of the Supreme Court by the appellant’s
attorney, whom I will not name here.
When this appeal came on for trial my attorney discovered to his
amazement that the words “thousand” and “damages” had been erased on the
face of the bond and the words “costs” inserted instead of the word
damages.
It is proper to explain to the non-professional reader that this fraud
and forgery changed the nature of the bond, so that if I gained the
case—and I _did_ gain it—I could recover from the sureties, who were
both wealthy men, only one hundred dollars “_costs_,” instead of the
full amount of the judgment, namely, fifty thousand dollars “_damages_.”
The Judges were, of course, astounded, and called the Clerk, Major de
Normandie, who being sworn testified that the record had been borrowed
by appellant’s attorney when it was in its original condition, and that
when it was returned the erasures and forgery were in the handwriting of
said attorney. The guilty attorney was present, but stood mute, offering
no explanation or excuse for his acts. The Court, at some length and
with strong indignation, rendered its decision dismissing the appeal and
leaving my judgment in full force, but the wrong to me had been done, so
far as the bond was concerned.
My loss was about forty thousand dollars.
If any one questions any of the above statements he will find abundant
proof in the Reports of the Supreme Court of Texas:
Hart vs. Mills, 31st Texas, page 304, and Hart vs. Mills, 38th Texas,
pages 513 and 517.