Robbing Widows and Orphans

The Cortland News, Friday, February 16, 1883.

Robbing Widows and Orphans.

   Last week Hon. Charles B. Sedgwick died at Syracuse. Mr. Sedgwick was one of the ablest as well as most conscientious lawyers in central New York. His death creates a vacancy in the bar of this State which it will be hard to fill. The courts at Syracuse on learning of his death immediately adjourned, and Syracuse is in mourning.

   Mr. Sedgwick was well known in Cortland county, having tried many cases at our bar and represented us in Congress. When the conspiracy against Judge Smith was organized in this county the “committee" in casting about for a lawyer who could most effectually aid them in their undertaking, naturally chose Mr. Sedgwick, as well on account of his recognized ability as of his known influence upon the statesmen who assemble at Albany.

   How well he fought for the conspirators is a matter of history. When they were employing Mr. Sedgwick they were profuse and free with their promises to pay him; but when they were defeated and Mr. Sedgwick requested pay for his services they insisted that they were not responsible because they acted merely as the attorneys and agents of others who had authorized the employment.

   Mr. Sedgwick thereupon sued the members of the "committee," and procured an order for the examination of these "attorneys," "agents" or "committee," when they swore to the above facts. Mr. Sedgwick learned from them who the disinterested patriots were who "appointed” them. The last act of Mr. Sedgwick in his office was to write a letter to each of these conspirators of which the following is a copy:

LAW OFFICES OF SEDGWICK, AMES & KING.

No. 3, 4, 5 Granger Block, Syracuse, N. Y.

   DEAR SIR:—In 1879 I was employed on behalf of certain citizens of Cortland county to prosecute charges against Hon. A. P. Smith, the County Judge. The petitioners for his removal were represented by a committee appointed at a public meeting, consisting of Irving H. Palmer, Benj. T. Wright and Riley Champlin, Esqs. After waiting a long time for payment I felt compelled to begin a suit against these gentlemen to recover compensation. In that suit I took proceedings to examine these gentlemen to ascertain who were the principals who authorized this proceeding, and I ascertained that you was one of them. Waiving for the present the question of legal liability, I recognize the justice of all those assisting in paying who united in authorizing this employment. The committee should not in equity be supposed to do most of the work and pay the expenses besides. I have, therefore, suspended the prosecution of my suit to give you an opportunity of payment without further cost.

   If 1 am compelled to sue all the parties it will be a very expensive litigation. I claim $2,000 as a very moderate counsel fee. It is very unpleasant for me to be compelled to prosecute this suit, and I have determined to make this offer to close the matter. I will take $550 in full. I will suspend proceedings in the suit until 15th of March, to enable those concerned to pay this amount.

   If' you and the other gentlemen concerned do not choose to avail yourselves of this offer, I shall feel compelled to extend my suit to all those who are properly liable to contribute to my payment. I shall wait until 15th of March next to see whether you are disposed to avail yourself of this offer.

I am, respectfully,

C. B. SEDGWICK.

   Among the gentlemen thus addressed was William H. Clark, of the Cortland Standard. Will this gentleman who was so much opposed to "robbing widows and orphans" tell us through the Standard whether he will pay the widow and orphans of Hon. Charles B. Sedgwick, for services faithfully rendered by the husband and father, or will he himself rob them of that which honestly belongs to them?

   We have now a test of the honesty of these "agents." We have already tested their want of ability and of power for evil. We understand that if this debt is not paid the executors will see whether there is any law to compel its payment. "Chickens often come home to roost."

   Gentlemen, there was a time when you wrung your hands with joy at the prospects of ruining a man [Judge Smith] you cannot run. Now, pay the heirs of the fiddler who furnished the music for your dancing. We prophesy that Clark will swear that he ought not to pay because he too was the "attorney" who prosecuted by direction of the others and not as a principal. The only evidence of his being an attorney is the appearance of his name as "attorney" in the court calendars. We shall watch the Standard for a reply.

CORTLAND AND VICINITY.

   The Cortland County Lodge of Good Templars will meet on Friday, March 9, with the Marathon Lodge.

   The Ways and Means committee of the Assembly have reported an appropriation of $18,000 for the Cortland Normal school, and $20,000 for Cornell University.

   Mr. Frank I. Maybury, of Grand Rapids, Mich., traveling passenger agent of the Grand Rapids & Indiana Railroad, is again at his former home and among his old friends in this county.

   Henry Gleason, Esq., superintendent of the Hitchcock cutter and wagon factory, leaves about the first of next month for the West, for the purpose of establishing agencies for the sale of vehicles, etc.

   Mrs. Lewis Hannum, of Cortland, the eminent violin builder, was in the city yesterday. Dr. Schultze, Herr Singerhoff and others tried his last [made] violin at Coon's music store. It is pronounced a very fine one. Herr Singerhoff has purchased one of Mr. Hannum's best instruments, paying $100 for it.—Syr. Sunday Times.

   Prof. Wiggins' storm prediction for the 9th was another failure, and he has since said that he made a mistake in the day. It was not necessary for him to say so; we had already discovered the fact. The next tremendous storm is set down for the 11th of March, and it is safe to expect a regular rip-snorter, as the Professor has advised the President to order all ships into harbor.

   We have before us a copy of Green's Hints on Fruit Culture and catalogue of plants, vines and trees. It contains a beautiful colored-plate and over thirty illustrations of fruits, etc., including a full-page view of a New York fruit farm of 134 acres, showing how one may be laid out. It describes the valuable new fruits, and tells how to plant and cultivate them. It is sent free on application to Green's Nurseries, Box 562, Rochester, N. Y., together with sample copy of a paper devoted to fruit culture.

   Mr. E. E. Crandall has bought a lot on Fitz avenue and intends to build thereon a house this summer.

   The Water Witch Engine Co's dance and supper was a pleasant and successful affair, the result being a net profit of nearly $75.

   Mr. M. J. Muncey, of McGrawville, has bought Mr. E. D. Mallory's house on Madison avenue and will take possession April 1st next.

   Both the Republican candidate for Mayor of Binghamton, J. H. Baines, and the Democratic, J. S. Wells, have been residents of Cortland county. Mr. Barnes is a native of Lapeer, and Mr. Wells was once a resident of Marathon.—Independent.

   One can hardly wish for or conceive of a more pleasant, enjoyable party than that which was held at Taylor Hall on the 8th inst. by the Social Circle of the Universalist Church. It seemed exactly to meet and answer the good feeling of all. Nearly two hundred and fifty people were present, a large majority of whom took part in the dancing. The prize for the best gentleman dancer over 60 years age was a gold-lined silver goblet, and was given to H. J. Messenger, Esq., the other participants being Messrs. D. J. Sperry, Lucien Hall and L. B. Plumb. A good deal of amusement was caused by this part of the programme as all except Mr. Messenger had not danced for many years, and had not only forgotten the figures but how to use their pedal extremities, and consequently it was a somewhat "mixed" affair. A silver card receiver was the prize won by Miss Alice Kelsey, as the best waltzer, and a silver bouquet holder by Miss Ida Webster as the best lady quadrille dancer. The refreshments were excellent. The receipts were over $115, netting about $6o. A goodly number from adjacent towns was present, including a sleigh load from Marathon.

Taylor Bond Suit.

   Justice Murray has handed down his decision in the above suit, which was tried at the October Special Term, by which he declares the bonds to be void. The following are the material findings:

   1. That each and all of the bonds issued by the Commissioners of the Town of Taylor in aid of the Utica, Chenango & Cortland Railroad were issued without authority in law and are void and of no effect.

   2. That the bonds issued by the said commissioners not being attested by the seal of the town of Taylor, nor by the individual seal of the commissioners, said bonds did not become binding obligations against the town of Taylor.

   3. That the bonds to the amount of $18,000 signed, issued and delivered by the Commissioners of the town of Taylor Dec. 14. 1872, are not binding obligations against the said town for the reason that they became due in a less period than thirty years from the time they were issued.

   4. That the plaintiff in this action is entitled to equitable relief to have said bonds delivered up and canceled for the reason that the bonds and coupons are very numerous and negotiable in form and the town liable to a large number of actions, in various courts and places; the plaintiff has a defense to said bonds and extrinsic proofs are necessary on the part of the plaintiff to enable it to maintain a defense; that the danger of losing evidence to establish such defense is also very great. The plaintiff is therefore entitled to judgment in this action to have the bonds owned by the defendant canceled and delivered up.

   In the case of the Town of Solon against the Williamsburgh Savings Bank the same judgment and decision was rendered by Judge Murray as to the bonds issued by the town of Solon. It will be recollected that the town of Solon issued bonds to the amount of $44,000 and the town of Taylor to the amount of $20,000.