c-j 8-4-1895 cLARK'S LAWSUITS

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c-j 8-4-1895 cLARK'S LAWSUITS - GEI1. CLARK'S HAIIY SUITS The Soldier Was a...
GEI1. CLARK'S HAIIY SUITS The Soldier Was a Defendant Defendant Twenty-live Twenty-live Twenty-live V Times. CH1EGED 7ITH TEESPASS. Ctnplaiat ef Joha Saunders, a KizktjKiarodofCIJ. C : LAVVYJ1U T. PERKTTfS. Despite the hardship which were endured endured by those hardy pioneers who long so laid the foundations for this beautiful beautiful city, they had plenty of time to en sace In that costliest of all luxuries, UUsatioa In tho courts of law. And not. withstanding the fact that he was large, ly engased In suppressing and extermi-aatlnc extermi-aatlnc extermi-aatlnc the Indiana, one of tbe chief flcures of the Uticstioa of early days was Geo. George Rogers Clark. But tbe General norms not to havs cone to law from choice. Tout rather from necessity, necessity, tor In none of the cases to which he was a party was hs the complainant. complainant. Between 1781 aad ITS? he was sued ao' less than twenty-five twenty-five twenty-five times, the most common complaint against him beinc trespass. Be was sued for some astonishingly large sums, too, but every, thine came high In those days. The fifty-fourth fifty-fourth fifty-fourth suit Clod In the coun. ty of Jefferson was .the first against Gen. Clark. Th $ lain till In the case waa one Ell Cleveland, who was again a complainant against Clark In 1783 and la 1786. recovering a Judgment la one of these eases; as recited below. Several Several of the complainants tn the suits against Clark alleged that they had been unlawfully restrained of their liberty and thrust Into prison by him. Among those who brought suit were U Cleveland. Andrew Heth, John Sanders, Sanders, John Hotker, James Runels, James Egnesf, Capt. James Winn. Laurence Brasadon. James Reynolds, John Donne's administrator, 8unuel Wat-kins, Wat-kins, Wat-kins, Thomas Nicholson, James Bevard, John Lewis, William Johnson. Pat Do-ran. Do-ran. Do-ran. Fentacost Dorsey and Christopher WyanL Th first case In which the General figured was Instituted by the Commonwealth Commonwealth of Virginia at the instance of one Eli Cleveland, and the defendant would probably have been placed la tbe lock-up lock-up lock-up but for bis position. The following following warrant was Issued for him: "Commonwealth of Virginia to tbs Sheriff of Jefferson county, greeting: We command you to take George Rogers Rogers Clark. Esq., Brigadier Glnnrall. and him safely keep, so that you havs his body before our Justices of our said Court, at Dowdafs 8tatioa on the first Tuesday In next month, to answer Eli Cleveland of a. plea. Tresspass damage Thirty Thousand Pounds and. have then and there this writ. Witness. Meredith Meredith Price. Clerk of our said Court, this 15th day of December. MDCCL-XXXL MDCCL-XXXL MDCCL-XXXL -Mer. -Mer. Price. Clk. Jeff. Court." This writ was placed In the hands of Deputy Bheria Benjamin, rope, who served It upon Gen. Clark, making this return on the book: "Executed A no surety given." There Is no record of what was don in the case, nor In what the alleged trespass consisted. Ell Cleveland was also the plain HIT la the second action in which Gen. Clark was the defendant This was an action for damages la th sum of 300, Cleveland complaining that Clark had assaulted" him and imprisoned him unlawfully. The complaint was made on March 13. 1782. the alleged wrongs having been committed In 1781. before Clerk Meredith Price., who placed a writ la th hands of Deputy Eherlff Benjamin Pope. The following tlgnlfi- tlgnlfi- cant return wa mad by the officer: "Executed and GoaL" . The matter waa set for hearing before before the Magistrates of the county at Sullivan's Old 8 tat Ion on the first Tuesday Tuesday in April.. It was passed, h.wever, and in July. 178 Z. Clerk Pricej Issued subpoenas for Messrs. John Dtnahan. Bland Ballard. James Finn anrt William William Pope, Gent, to dome and t' 'wtt they knew of the case. The t. .. finally secured Judgment. Andrew Heth. aa assignee of William Johnson, filed suit on August 6, 17S4, against Jacob Myers and Gen. Clarke. The Sheriff was not able to find Myers and on December S of the same year judgment went against the defendant for 17. the amount of their Indebtedness Indebtedness to the Johnson estate. ; Mr. T. Perkins, long since gene to that blessed . land unquestionably reached and enjoyed by all lawyers, was the attorney for John Saunders, who instituted th fourth action against Clark, who seems, however, tot have been less in fault than hi eo-defeadant. eo-defeadant. eo-defeadant. Alexander Skinner. Now. John Saun ders was a famous hunter In his day and generation, while Mr. Skinner was a merchant of some repute In the nourishing nourishing town by the Falls. In October, 1784, Clark and Skinner entered Into aa agreement with the famous Klmred, at least so Lawyer Perkins eloquently pleaded, whereby they were to furnish him three men, one packvhorse, and sufficient sufficient salt and ammunition "fort the purpose," aa Lawyer Perkins hath It In his yellow, faded, quaint brief In behalf of his client, "of making a. Hunt" Lawyer Perkins had a quaint waf of making a capital H "procuring Beef, Bear meat. Bear's Oil. and Ventlou Hams and curing them In a proper manner manner for keeping sound and fit for tise during th winter and Spring." Huster John was to send th meat and oi to Mr ekinner in Louisville, where proper proper -disposition -disposition would be madeof them, the hunter to receive one-third one-third one-third the prtflt arising from the transaction in addition addition to one hundred pounds for his services. services. On his part, tbe hunter agreed to furnish one pack-horse pack-horse pack-horse and to asdst in building such boats as should be necessary necessary for the enterprise. Hunter John must have had, despite his powers aa a rifleman, a reputation for knowing bow to look after his own best interests, for in the agreement there was inserted an emphatic clause to th effect that said John engaged "not to spend his time In procuring snd curing skins, unlawfully." unlawfully." Lawyer Perkins tells feelingly tf how his client, after having made his preparation and started on his hunt, was dismissed by Mr. Skinner. ' The suit was for 200 pounds damages,, but unfortunately unfortunately for Lawyer Skinner, If he was on a contingent fee, as well as for the redoubtable Hunter John. Mr. Skinner evaded the processes of the courts by shuffling off this mortal coil during the pendency of the action. The, case waa then abated in 1785. - i Lawyer Perkins wsi also counsel for the plaintiff in the next case in which Gen. Clark was defendant. Eli Cleveland, Cleveland, who had alreadr had two rounds with the soldier, again being a complainant complainant against him. Although this action wa not filed until December . 1785. Cleveland's cause of action ac crued In 1781. Lawyer Perkins charges that Clark "with force A arms ao assault did make on the body of the sd. plaintiff, being then and there in the peace of the Commonwealth and him the sd plff. . then and there with force and arms aa aforesaid falsely falsely anl unjustly did Imprison him A him the sd pllt did keep In. confinement confinement for the term of sixty days, A other enormities to him tho sd plff. then aad there did A committed acalnst the peace and dignity of the Commonwealth." For all cf which Lawyer Perkins demanded J.OOO pounds damac-ea damac-ea damac-ea for his client. Nor was it in vain thnt he demanded it, for. after as many delaya aa would put modern Jus- Jus- i lice to shame, a Jury, of which James ' Cox was foreman, awarded him In June, ITS 7, a verdict for 150 pounds. Lawyer Perkins was doubtless Jubilant, hut a verdict for 150 pounds is very different from 160 .pounds. Several writs were ieoued for Clark's appearance before "The Judges of our Supreme Court for the District of Kentucky at the Courthouse Courthouse In Danville, Mercer county." Upon one of these is the Indorsement of Deputy Deputy Sheriff R. Eastin: "Executed V Daniel Broad head Security for Keeping the Prison Bounds." Whether-or Whether-or Whether-or not Lawyer Perkins finally secured the 1M pounds for hla client the records at Danville will doubtless show. Oa February 26. 178. John Holker. as assignee of Bartholomew Tardives u. filed two suits against Clark. The first wss for 900 damages for covenant broken. Nothing more la told of the case except that on November . 1788, Judsrment for costs wss entered. In the second action the plaintiff claimed that be had been damaged in me sum or tz,2M. it was alleged that on February 7. 1783. Gen. Clark had bound himxelf In writing "unto Bartholomew Bartholomew Tardiveau that he would make snd deliver him a Good A Law-full Law-full Law-full Deed for one tract of Land Situate on the North fork of Licking creek with in eight mile of the Ohio containing one thousand acres end one other tract situate on Rich Land Creek about ten miles from Bryan's Sta tion, containing five hundred acres." Tardiveau assigned the writing to Holker. Who claimed that Clark refused to comply with th terms of It. The matter was thereupon placed in the hands of Attorney 8. Ormsby, who filed too suit. The action seems to have amounted to nothing, for this indorsement indorsement is found on the back of the statement statement filed by Attorney Ormsby, "Nov. 88 Jgt for costs."- costs."- In each of these rases, Mr. James Sullivan, one of the trustees of 'the town, furnished bail for Gen. Clara. James Runels and James Egnew filed two suits against the veteran on March 10, 1787. Runels sued for a trifle over 7. for which he ultimately obtained Judgment, on an accepted order. - The latter is filed with tbe papers as sn exhibit. exhibit. It laes follows: ."September th 1 Day. 1788. "Buckner Plttman to James Runels, Dr. "To 2S Day a' work, at S: p Day, 1 A "Sir pleas to pay the Abbove amount and oblige yours to Serve "BI'CKNER PITT MAX. "To George R. Clark." . On the back of bis in Geo. " Clark's handwriting Is this: ' "Sir be please to pay the within order and sir oblige sir yours G. R. CLARK." James Egnow- Egnow- sued on - a similar, bearing the indorsement "G. R. Clark." and obtained Judgment for about 4. Aa execution issued under this Judgment and Deputy Sheriff Reuben Eastin lev. led on "Sundry Goods and Chattels" of the old soldier. Mr. David Williams, however, tecame Clark's surety,, and the good were released. Mr. David Williams again became surety for Gen. Clark on a replevin bond on August 1. 1787, when Capt. James Winn, assignee of Eseklal How. ell, had recovered a Judgment on a note, under which Deputy Sheriff Reuben Eastin again levied on "Sundry Goods and Chattels." The note is as follows: "For Value Received I promise to pay or Cause to ba paid unto Eseklal Howell or assigns, the Just and full Sum of four pounds four Shillinga Lawful money of Verga, on Demand as Witness my hand and Seal this 12th day of Sept. 17. "G. R. CLARK." As assignee of 'Moses McCann Capt. James Winn sued Clark in March, 1787. on a note for 7. recovering Judgment. This suit and the one above mentioned were filed on the same day. BITS OF PETRIFIED UGHTNINO. Fnlgarito Are Formed By Jove's Bolts Striking a Sand Bank. . A very curious phenomenon hsa been much commented upon in the German press, says the Philadelphia Record. Prof. K. G. Fiedler, who baa been Investigating Investigating the appearance of so-called so-called so-called fulgarites for many years, haa recently received two specimens, .which are the largest be haa ever seen. Their origin Is due to lightning striking a bank of sand. Thla action of lightning la explained explained in the following way: The beat of the electric discharge melts the quarts to a fluid mass, which become solid after cooling off. Tbe shape is very odd, branching and forking forking out. tapering toward the ends. These fulfraritea are hollow their entire length, the forked ends pointing downward downward where found. They ere from seven to nine feet long, and their ends reached Into very wet sand, where all traces of the lightning ceased. Was St. Paul's Evangelical Sunday. School. The Sunday-school Sunday-school Sunday-school which had the experience experience of panic on the steamer Sun. shine Friday was the Sunday-school Sunday-school Sunday-school of i EL Paul s Ey angelical church. '

Clipped from The Courier-Journal04 Aug 1895, SunPage 10

The Courier-Journal (Louisville, Kentucky)04 Aug 1895, SunPage 10
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  • c-j 8-4-1895 cLARK'S LAWSUITS

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