xt7gth8bgq3n https://exploreuk.uky.edu/dips/xt7gth8bgq3n/data/mets.xml Presbyterian Church in the U.S.A. West Lexington Presbytery. 1853  books b922851p9112009 English D. S. Goodloe : Lexington, Ky. Contact the Special Collections Research Center for information regarding rights and use of this collection. Brown, John H. The trial of Rev. John H. Brown, by the West Lexington Presbytery, on charge of misrepresentation, fraudulent sale and unchristian conduct : with a certified copy of the documents, evidence and proceedings. text The trial of Rev. John H. Brown, by the West Lexington Presbytery, on charge of misrepresentation, fraudulent sale and unchristian conduct : with a certified copy of the documents, evidence and proceedings. 1853 2009 true xt7gth8bgq3n section xt7gth8bgq3n 
   										

Hi							iiiaiiiiiif'F^1'*   *'*			H

 
    
    
    
    
    
   THE TRIAL

of

REV. JOHN H. BROWN,

bt the

WEST LEXINGTON PRESBYTERY,

on charge of

^isnpitsmtalioit, ^raubuUnt Salt anb 32iuijrUtian donlratt;

with  a  certified copy of the

DOCUMENTS , EVIDENCE AND PROCEEDINGS.

LEXINGTON, KY.

PUBLISHED BY D. S. GOODLOE. 1 8 5 3. 
   NAMES OF WITNESSES

Allen, J.L.   - - 196

Ayres, D. J. - - 97

Baxter, T. B. - 93

Bradley, C. F. - 104

Bullock, J.J. - - 103

Bush, R. W. - - 111

Browning, M. C. - 148

Braley, C. S. - - 64

Bell, H.    -   - - 82

Bell, Dr. -   - - ISO

Brown, Dwia;ht - 156

Barkley, C. H. - 198

Brown, H, R. - - 205

Berryman, J. S. - 80

Clelland, W. E. - 125

Chipley, W. S. - 188

Dudley, W. A. - 76

Derby, H. W. - 105

Dolen,* T.    - - 90

Duncan, H. T. - 141

Dean, Thomas - 120

Foreman, E. - - 33

Griswold, J.  - - 19

Griswold, J.  - - 107

Goodloe, D. S. - 9

Gilbert, M. D. - 91

Hunt,* F. K. - -	77 |

Hostetter, J. - -	94 1

Harwood, A. - -	133 |

Hale, G. B.   - -	    j

Hitchcock, H. P. -	8

Jewett, G. P. - -	155

Jewette, Mrs. - -	156

Johnson, Ben - -	5

Johnson, M. C. -	61

Kincaid, G. B. -	63

Kemper, J. L. ^	98

Letcher, S. M. -	154

Lowry, L. A. - -	144

Leary, W. A. - -	53

Morrison, E. A. -	8

Morrison, M. B. -	49

Milton,* E.	82

Milton, W. E. -	204

McKee, A. R. -	91

Moore, W. H. -	   

Norton, G.    - -	75

Oldham, E.   - -	126

Price, M. R. - -	72

Prindell, R.   - -	183

Prindell, R.   - -	203

Riley, Mrs. M. R.	118

Robinson, Geo. - 204

Sayre, D. A. - - 149

Sayre, E. D. - - 179

Smith, G. Clay - 8

Skillman, A. T. - 27

Skillman, A. T. - 37

Skillman, A. T. - 11

Shy, S.    -   - - 62

Smith, W. M.O. - 99

Strahan, F. G. - 91

Scott,* J. W. - - 123

Scott,* J. W. - - 129

Scott, M. T.   - - 142

Turner, J. -   - - 179

Todd, W. M. - - 94

Thorpe, J. D. - - 103

Trotter, G.     - - 1

Vanmeter.'A. - 138

Waller, N. B. - 3

Wier, J.   -   - - 65

Warfield, B. - - 154

Yieser, F. -   - - 155

Yieser, G.    - - 2

Young, J. C. - - 24

* Some of the names of witnesses have been incorrectly printed. 
   PREFACE.

In presenting this work to the public, in a form different from that indicated in the original prospectus, requires of me an explanation. When the original prospectus was issued, it was not doubted that Messrs. Brown and Prindell would cheerfully revise the stenographer's notes of their speeches, and thus avail themselves before the public of a defense and a judgment which their friends were happy in characterizing as triumphant and conclusive. This expectation has not been realized, as the subjoined statement will show:

I certify, that by the request of Col. Goodloe, I called on E. Prindell, Esq., and requested him to see Rev. J. H. Brown, and get him to furnish a copy of his speech in defense of himself, in the case of common fame against J. H. Brown, and that he (Prindell) and Judge JVIunroe should furnish their speeches, or that all three of them, if they preferred, should be furnished with the stenographer's reports, and they could correct them. Mr. Prindell consented, and iu a few days I saw him again, and he said Mr. Brown declined to have anything to do with it   Goodloe''s book   consequently, he (Prindell) declined furnishing his speech.

Tiios. W. Bullock.

What was to be done under the circumstances ? To have published their speeches as written out by the stenographer, necessarily rough and imperfect, would have subjected me to censure; and to publish the speeches of the prosecution, and the judgment of Dr. Breckenridge, would have had the appearance of onesidedness; and hence I have concluded to omit the arguments and judgments on both sides, and present the book in its present form. 
   iv

PKEFACE.

It would have afforded me sincere pleasure to have published with the evidence Mr. Brown's defense; for, whatever others may have thought of it, I regarded it, when placed side by side with the evidence, as the most conclusive evidence of the propriety of his trial. If it be asked why I have published any part of the trial, an answer is readily found in the fact well-known here, that the facts, as are incontestibly proven, are constantly being subjected to the grossest misrepresentations by Mr. Brown and a few friends, and the whole weight of what they are pleased to term as false accusations, are said to rest upon my unaided statements; when the truth is, scarcely a fact of consequence is not proven by some member of Mr. Brown's church or congregation; and it is to disabuse the public mind in this respect, that the evidence is spread before the public. Besides, after the majority of Presbytery had adopted their minutes, not only excusing Mr. Brown, but expressing their "undiminished confidence in him as a man of integrity and veracity, recommending him to the church," thus approving of all he has said and done, I felt an inclination to let the public see what it was that these gentlemen approved and commended, that the public might be on their guard.

D. S. GOODLOE. 
   EVIDENCE

in the case of

REV. JOHN H. BROWN.

In answer to the question of the prosecution, Rev. j. H. Brown answered : It is admitted by defense, that D wight Brown swore, and Rev. j. H. Brown has affirmed, that D wight had not one cent of interest in the bookstore sold by Brown to Goodloe. By interest, Mr. Brown means pecuniary interest.

Mr. Brown admitted the pamphlet entitled "To the Public," signed by j. H. Brown, and dated May 31, 1852, as his pamphlet.

Mr. Brown admitted that the statement on file with Webb Encampment, No. 1, of Freemasons, in his handwriting, as his statement.

It is admitted by Mr. .Brown, that the sign of the house was Dwight Brown, from the time the house passed into the hands of Brown, to the time Goodloe took possession. It is admitted by Mr. Brown, that Dwight Brown listed the bookstore for taxation in his name for all the time he did business.

It is admitted by Mr. Brown that all accounts were made out in the name of Dwight Brown, and receipts signed by him, and contracts for advertising made by him.

It is admitted by Mr. Brown, that at the conclusion of Brown's invoice to Goodloe, it is inserted that any error in addition or extension, or otherwise, will be corrected, either on the part of Dwight Brown or D. S. Goodloe.

The deposition of George R. Trotter, taken before a committee of Webb Encampment, No. 1, was admitted as testimony, and is as follows:

Question 1 : Did you ever hear Mr. Brown say he purchased the bookstore for Dwight, or that the bookstore was Dwight's? Answer: I can not say that I ever heard Mr. Brown say so in so many words, but from conversations with Mr. Brown, the impression was left upon my mind that the bookstore was for Dwight's benefit and to start him in business.

Question 2: Did Mr. Brown ever propose to sell the bookstore to you? Answer : Never.

Question 3 : What profit did he say could be made by proper attention to the business with a capital of   10,000 ? Answer : Mr. Brown may have told me what was the profit of such business, but not upon $10,000, or any particular investment.

Cross-examined by Mr. Brown.   Question 4 : Did you, or not, state to me, after my sale to Mr. Goodloe, that had you known my intention to sell the bookstore, that you and W. A. Dudley would probably have made the purchase ?   Answer : I did. 1 
   2

Evidence of George Yeizcr.

Question 5 : Was it your impression that I had given Dwight Brown the bookstore, or that I had purchased it with a view of making him a business man and with the intention of giving him an interest after he should acquire business habits and qualifications, and attain to a proper ace ? Answer: I o>o not recollect any special conversation with Mr. B. in reference to Dwight. I have stated my impression on that subject in answer to interrogatory 1st. From my frequent visits to the store and my intimate association with Mr. Brown, I judged that it was owned by him for Dwight, and managed and carried on for his benefit. My impression was, as I have before stated substantially, that Mr. Brown was working for Dwight's benefit, and that the bookstore was for him either presently or at ;ome future time.

Question 6 : Was not this impression made on your mind from the fact that I had no other child ? Answer : Partially so from that fact; but had it not been for the conversations, visits, and my association with Mr. Brown, alluded to, such an impression would not have been made.

Mr. George Yeizer was then charged, and deposed as follows :

Question 1 : Are you not a member of the Presbyterian church, and have you not been for years a ruling elder in that church ? Answer: I am a member and have been an elder.

Question 2 : Did you, or not, have the charge of a branch of Mr. Brown's bookstore in Danville ?   Answer : I had.

Question 3 : Who was the owner of that store ? Answer : I made my engagements with Mr. J. II. Brown to take books to Danville, to sell at a certain per cent, commission. All the bills were made out in the name of Dwight Brown, and any orders or communications from either of the persons were considered equally valid.

Question 4 : Did, or not, anything transpire to lead you to believe Dwight Brown had a pecuniary interest in the bookstore ; and if so, state what ? Answer : Yes, I presumed he had a pecuniary interest in the bookstore, inasmuch as he more than once sent me inquiries as to what amount of funds was in my hands, and stated what use he wished to make of them.

Question 5 : Did, or not, anything ever occur between you and Rev. J. H. Brown to lead you to suppose that Dwight Brown had a pecuniary interest in the bookstore; and if so, what? Answer: Yes, Mr. Brown sent over to me an account on Prof. Cross, a Methodist minister. I told Mr. Brown that Mr. Cross was complaining that Mr. Brown was pressing him. He remarked to me in reply, that it was not his account, it was Dwight's.

Question 6 : Did, or not, Mr. Brown send any India ink to you at Danville ?   Answer : I have no recollection.

Cross-examined Jiy Mr. Brown.   Question 7 : How long were you engaged in selling books for me in Danville ?   Answer: Eight or ten months.

Question 0 : Was Dwight Brown known in the contract made with you to sell books in Danville ? Answer: I made my engagements, as I stated this morning, with the Rev. J. H. Brown alone.

Question 9 : What direction did I give you in reference to the money, in case you collected Prof. Cross' account ? Answer: The directions were that if I collected it, either by payment, or negotiable note, to have the money placed to his credit in the Branch Bank at Lexington, or if I took the note, have it discounted in the bank at Danville and the proceeds deposited in the bank at Lexington.

Question 10: Do you, or do you not, know that I had little or no con- 
   Evidence of N. B. Waller.

3

Science in Prof. Cross, and declined to give liim time, because I thought he wished to evade the payment of the debt ? Answer: That, I believe, was Mr. Brown's feeling toward Prof. Cross.

Question 13 : Do you not know that the statement that "the accounts were Dwight Brown's," was used by me to convey the idea that being drawn in his name, I would not in this particular case interpose to defer its collection, and that Prof. Cross must make his arrangements to pay the account ? Answer : I thought it was a set-off against Mr. Cross' complaint that a brother minister was bearing down upon him. I had no doubt it was Mr. Brown's wish that the money should be paid.

Question 12 : Did you, or not, at different times, deposit money as the proceeds of sales of bookstore, in the Danville bank, to be placed to my credit in the bank in Lexington ?   Answer : Yes.

Question 13 : Do you not know that Dwight Brown was a minor, while you were acting as my agent in Danville ?   Answer : Yes.

By Dr. Breckinridge.   Question 14: In addition to being the agent for this bookstore, were you, or not, on terms of intimacy with Mr. Brown and Dwight, his son, for some lime before, and during the continuance of that agency I   Answer; I was.

Question 15 : What was the result of that intimacy and agency, as to who was the owner of said bookstoreV Answer: It was a matter of indifference with me, with whom, in respect to either of the persons, I did the business concerning the bookstore, but I gave the preference to the father.   Drafts from either, indiscriminately, were honored.

Question 10 : According to all the knowledge you had as agent and friend, whose bookstore was the one in Lexington generally understood to be 1   Answer : It was generally understood to be Dwight Brown's.

By Judge Monroe.   Question 17: Did Rev. J. H. Brown take an adlime part in the business about the bookstore V   Answer: As far as I know, he did.

By Defense.   Question 13 : Did I not take the supervision of the boob-store, and keep it under my direction and control ? Answer : Whenever I was in the store, Rev. J. H. Brown seemed to manage and control the business done in the house.

Mr. N. B. Waller was then charged, and deposed as follows:

Question 1 : Did, or not, Rev. J. H. Brown say to you that the bookstore in question belonged to Dwight Brown? Answer: He said that he had nothing to do with the bookstore   that it belonged to Dwight Brrwn. I was dealing at the store with Mr. Brown and had ordered a lot of books, which lot of books I received correctly as ordered. When I Avent to settle for those books, I found that there were charged to me books which I had never received, and books which I had never used. Apologizing for this error, Rev. J. H. Brown stated that he had nothing to do wilh the bookstore   that it was Dwight's. He also went on to state to the purport, that he was careless and not lit for business, and also proceeded to state it was probably attributable to his clerks. In the settlement, Rev. J. H. Brown proposed to split the difference on that part of the account in regard to which we differed, to which I agreed because his books showed that I had gotten them, and we settled upon those terms.

Question 2 : Have you, or not, been a teacher, and a customer at that bookstore for a number of years ? Answer : Yes ; from the time of Mr. Marshall to the present time, I have been dealing in that bookstore. 
   4 Evidence of B. Johnson.

Question 3 : Were you, or not, in the habit of examining the stock of books in that bookstore from time to time ?   Answer : I was.

Question 4 : Do you, or not, consider the stock of books sold by Brown to Goodloe, good ? Answer: I did not think it good. My recollection is that there were many old books in the stock.

Question 5: Did, or not, Mr. Goodloe sell to you any books for a less sum than Rev. J. H. Brown had priced those books? Answer: He did. Instance   Webster's large Dictionary in two volumes, which I think Mr. Brown priced at not less than from $10 to $12, which I afterward purchased from Mr. Goodloe at $6.50, which I believe to be the same book.

By Mr. Brown.   Question 6 : When did I make the declaration that the bookstore was Dwight Brown's, and that I had nothing to do with it ? Answer : I do not remember.

Question 7 : When I said to you that I had nothing to do with the bookstore, was it not in the connection with the settlement of your account in which there was an error ?   Answer : It was at that time.

Question 8: How often did you visit the bookstore, and how long remain ? Answer : Frequently   generally staid some three or four hours each time.

Question 9 : From occasionally visiting a bookstore, can you form a correct judgment of the stcck on hand ? Answer : My judgment would be limited to such of the stock as I had examined.

Question 10 : Was not the stock of Brown sold to Goodloe, as good as Marshall's stock sold to Brown ? Answer : I was not as well acquainted with Mr. Marshall's books as I was with Mr. Brown's, therefore I can not answer the question positively.

Question 11 : Was the edition of Webster's Dictionary, purchased of Goodloe, and alluded to above, the last edition of that work. Answer : I do not know.

Question 12: Were you not, during the period I was in possession of the bookstore, teaching school some ten or twelve miles from Lexington ? Answer the greater part of the time, I was.

Mr. B. Johnson deposed as follows :

Question 1 : Were you engaged with Col. Goodloe at the time, and present at the invoicing of the bookstore ?   Answer : I was.

Question 2 : Had you ever any connection with the bookstore before ? Answer : I had not.

Question 3 : When did Dwight Brown furnish you with the private mark of the books ?   Answer : It was the day before the invoice.

Question 4 : How was the invoice taken ? Answer: It was called off by Dwight Brown, and marked down by Rev. J. H. Brown ; the marks were read from the backs of the books ; and further liefer to my deposition taken before the committee of Webb Encampment, No. 1, which is as follows:

That he was engaged with Col. Goodloe from the time he took possession of the bookstore, and was present during the time the invoice of books was taken.

Mr. Dwight Brown furnished him with the mark used in the store, the day previously. The invoice was taken by taking the books in regular succession from the shelves, and calling out the cost prices from the mark at the back of each, which were noted by Mr. Brown and called out by his 
   Evidence of B. Johnson.

5

son Dwight, except during a temporary absence when Mr. Brown was called to the country for one evening and part of the next day, at which time Col. Goodloe noted down the invoice prices. At night Mr. Brown was not present. At that time, the small articles in the drawers, show-boxes, etc., were invoiced by Mr. Dwight Brown, Mr. Johnson himself not being present.

Col. Goodloe was generally present during each day of the time the invoice was being taken, but not at night. He was also called off two or three times during the day, and was for some time absent each time, attending to his other store. This was in the lower room. At the same time Mr. Johnson, not being acquainted with the business, arranged and classified the small books according to their marked prices, and they were called out by Mr. Dwight Brown in parcels or lots thus arranged. All the valuable stock was in the store room on the lower floor, but there were some account books, stationery, wall-paper, and sundry old second-hand books up stairs, which were invoiced by Mr. Dwight Brown himself. Many of the school-books had been deposited up stairs, and there were also old novels with the covers mostly wanting, the remains, as he understood, of a circulating library, which were tied up in bundles of six or seven together, and were also invoiced in the way they were lied up, Mr. Johnson counting them, (the number in each bundle,) which were charged by Mr. Dwight Brown, at what prices Mr. Johnson does not know, and did not then inquire.

There were also a great many almanacs up stairs, about three-fourths of the number being for the years 1846-47-48-49. The remaining one-fourth, or perhaps less, which were for the year 1850, at the time the invoice was taken, may have numbered about two or three hundred. Those of the last date were the only almanacs Mr. Johnson considers as salable; the others worth nothing, as in six months, the time he staid in the store, not one he believes was sold. Mr. Johnson, at the request of Mr. Dwight Brown, counted the whole of the almanacs for the different years as above stated, all of which were charged by Mr. Brown. Those of 1850 were tied up, and counted, and charged separately; those of the preceding years were counted and charged together. He is not certain as to the exact number of those for 1850, but thinks there were not more than the number mentioned. Those for the preceding years were perhaps more than three times that number. Mr. Johnson states that he never had any connection with, or was engaged in, a bookstore previous to his engagement with Colonel Goodloe. He has no definite or precise recollection now, of the number of almanacs, either of the old ones or those of 1850, but states what he supposes to have been the number and proportion. But he does not insist upon the number contrary to the invoice, presuming that to be correct. Mr. Johnson states that they were engaged about four days, to the best of his recollection, in taking the invoice of books, etc., two and a half days including the nights down stairs, and about one day and a half up stairs. Mr. Brown and Col. Goodloe were below, the former assisting the latter in the store, while Mr Dwight Brown and Mr. Johnson were up stairs together, taking the inventory of books, etc., in the upper room. There was some valuable stock up stairs ; the old defaced stock was principally composed of the circulating library and some school-books, shelf-worn and out of date. There were also many small miscellaneous books a good deal shelf-worn, as well as the old maps, old novels, etc., up stairs.

Question 5 : Did Mr. Dwight Brown invoice by himself of nights ? An- 
   (5

Evidence cf B. Johnson.

swer : He said so; I was not at the store with him ; I don't know anything about the night proceedings at all.

Question 6 : What service did you render in taking the invoice 1 Answer : There was a large lot of small books in the case, and in two or three drawers, which I classified, viz., all of the same letters I put together. After that I went up stairs and counted and classified old books, such as novels, etc.

Question 7 : Was there, or not, quite a number of old novels, maps, juvenile and other books, many of them with their covers off, including part of an old circulating library ?   Answer : There was.

Question 8 : Was it, or not, a habit in the house when a box of books was sold, to fill up with old almanacs ?   Answer : It was.

Question 9: Was, or not, the small box of ten-pins and India ink in a drawer ? Answer : I did not see them until after the invoice was taken. When I saw them they were imperfect.

Question 10 : Did you lose any of the ten-pins ?   Answer : I did not.

Question 11 : Was, or not, the original invoice on the counter, and referred to during the taking of the invoices ?   Answer : I did not see them.

Question 12 : Have you any recollection of ever having seen the original invoices during the six months that you were engaged with Goodloe ?

Mr. Johnson inquired of Mr. Brown, what were the invoice books ; he did not know them. Mr. Brown said there were two invoice books, one containing the invoice of Marshall to Brown, the other a large scrap-book with invoices wafered in it.

Answer : I saw a large scrap-book, such as you describe ; I saw only one.; didn't notice it at that time.

Question 13 : Did you see that papers were wafered in that book ? Answer : I saw that papers were wafered in it.    

Question 14: Was the greater portion of the invoice taken in blank books, and sent to Rev. John H. Brown to copy ? Answer : I know nothing of it.

Question 15: Did you hear Col. Goodloe dispute the price of anything    whilst the invoice was taking ?   Answer : I did not.

Question 16 : Did you and Col. Goodloe take down the cost of books in small books and send to Rev. J. H. Brown to copy ?   Answer : I did not.

Question 17: Whom did you understand that the bookstore that Col. Goodloe purchased from Mr. Brown belonged to ? Answer : I never heard any remark on that subject; never had inquired.

Question 18 : Was the stock of books bought of Brown by Goodloe, good or bad   were there many old books shelf-worn, and many old editions ? Answer : I am not a competent judge as to the stock, but there were a great many old books, and of old editions, and many of them shelf-worn.

Question 19 : Were there, or not, many school-books that were out of use ?   Answer : There were.

Mr. Brown.   Question 20 : How long after the invoice was taken before your attention was called to the ten-pins ? Answer : I do not know ; I can not say certainly; probably not more than a week.

Question 21 : When you observed them to be defective, did you report to Mr. Goodloe, and did either you or he stale the fact to John H. Brown or Dwight Brown ? Answer: I said nothing to Col. Goodloe, but Dwight Brown stood by when the things were gotten from the drawer, and knew they were defective at the time. 
   Evidence of B. Johnson.

7

Question 22 : Who counted the pages of music ? Answer : Col. Goodloe.

Question 23 : Was I not called to Mr. Henry Duncan's by the illness of his daughter, on the day we commenced to take invoice, about noon 1 Answer : You started after dinner.

Question 24 : Do you remember the day of the month on which we commenced to take the invoice ? Answer : I am not certain ; I think the 2d of March, 1050.

Question 25 : When you say you did not see the other invoice-book, viz., of Marshall to Brown, do you not mean thereby that your attention was not specially called to that book ? Answer : It was not; I did not see it; I did not know that there was such a book in existence.

Question 26 : Were not the books and stock, as taken by you and Dwight Brown up stairs, taken down on slips of paper and copied by me into the invoice ? Answer : Dwight Brown took it down in a small book ; I knew nothing of the prices.

Question 27 : Was the invoice of Brown to Goodloe in Goodloe's possession the first six months after he purchased ? Answer : I am not able to say.

Question 28 : Can you mention any school-books that were out of date ? Answer: I can not say positively ; a good many school-books were up there which were out of date; could not be sold: I am not able to call their names.

Question 29 : Do you remember the names of any old editions of books, unsalable from that fact ? Answer: I do not; do not recollect the names of any in the entire stock, either above or below.

Question 30 : Was the entire stock removed from one store room to another while you remained with Goodloe 1   Answer : It was.

Question 31: Who was engaged in the removal, and in what manner was the removal effected? Answer: Col. Goodloe and Harvey Brown I suppose were at the upper store; Dwight Brown and myself were generally at the lower ; I was very nearly as much in the upper store as I was in the lower.

Question 32 : Do you not know that Mr. Goodloe was present at one or other of these stores, and that the books passed under his inspection generally on their removal ?   Answer: I do not.

Question 33 : Did you see Mr. Goodloe at either of those stores during the removal of the bocks'? Answer : Yes, I did; I did not take particular pains in looking at Col. Goodloe during any part of the day.

Question 34: Was the invoice going on while Mr. Brown was gone to Mr. Duncan's ?   Answer : It was.

Question 35: Do you know how long Mr. Brown was absent at Mr. Duncan's ? Answer : He was absent one evening and a part of the nsxt day.

Question 36 : Do you know how the invoicing was conducted and managed during Mr. Brown's absence ? Answer : Dwight Brown called them off from the marks in the back of the books, and Colonel Goodloe wrote them down.

Question 37 : Did jrou, or not, examine the marks in the back of the books or the invoices ; or did you see Colonel Goodloe do so, to see whether Dwight Brown called them off correctly?   Answer : I did not.

Question 38]: Who had the general supervision of the removal of the 
   8

Evidence of Clay Smith and Others.

bookstore ? Answer : I suppose Dwight Brown had   that is my opinion only   I will not say positively.

Question 39 : Where was Colonel Goodloe during this time ? Answer: In town.

Mr. Clay Smith deposed as follows :

Question 1 : Did, or not, anything ever occur between you and Dwight Brown as to the real ownership of the bookstore ? Answer: Yes   my impression was all the time that the store belonged to Dwight Brown. In fact, I heard him say so, that it was his, several times.

Question 2 : Are there any other circumstances which were calculated to confirm that impression ? Answer : Yes   this, that all the business, as far as my knowledge, was done in his name.

Question 3 : Did you, or not, ever hear any propositions made by Dwight Brown to Mr. Goodloe or others, to sell the bookstore ? Answer : I did. I recollect having gone into the bookstore in October, 1849. Colonel Goodloe and myself went into the store to purchase something. I asked Dwight Brown if it was a pretty good business? He answered, that it was ; but desired to sell. Whether he at that time proposed to sell to Goodloe I do not recollect; but in the course of the conversation the proposition was made, and Dwight said he would send his father to see Goodloe ; to which Goodloe replied, he would think about it, and if he (Dwight) would sell the store upon fair terms, he would purchase.

By J. H. Brown.   Question 4 : Did, or not, Dwight Brown, at the same time, assign as a reason for his willingness to sell the bookstore, that the health of his father was bad, and he (the father) desired to go on a farm ? Answer: He did.

Question 5: Are you, or not, the brother-in-law of Goodloe ? Ans. r I am.

Question 6 : Did, or not, Dwight Brown appear to you, at the time he was carrying on that business, to be an adult person ? Answer : He did appear to be an adult person.

Question 7: Had you not good reason to know that Dwight Brown was under twenty-one years of age ? Answer: I did not know whether he was twenty-one or not ?

Mr. Edwin Morrison deposed as follows :

Question 1: Did, or not, Dwight Brown ever tell you that the bookstore belonged to him ? Answer: He told me that it did belong to him. I am satisfied that he told me so once, perhaps oftener.

Question 2 : Did you, or not, always regard the bookstore as belonging to Dwight Brown ?   Answer : Yes, from his having told me so.

By Mr. Brown.   Question 3 : Do you recollect when or where, or in whose presence Dwight Brown told you the bookstore belonged to him ? Answer: I do not remember where or when, or in whose presence, or whether any cne was present.

By Dr. Breckenridge.   Question 4: Were you, or not, in Lexington most of the while that bookstore was carried on in the name of Dwight Brown? Answer: I was, I think, during the whole time.

Question 5: Had you, or not, at that time any knowledge of anything that led you to suppose that Dwight Brown was not the owner of the bookstore carried on in his name ?   Answer : I had not.

Dr. H. P. Hitchcock was then charged, and deposed as follows:

Question 1 : State the number of almanacs of an earlier date than 1848, which were transferred from Mr. Brown to Mr. Goodloe, in the sale of the 
   Evidence of D. S. Goodloe.

g

bookstore ? Answer : I do not know the number which were transferred ; btit in the month of June last I assisted Mr. Cox to count over the almanacs, and there were over seven hundred ; I should think seven hundred and forty of the years 1846 and 1847.

Question 2 : Is it, or is it not, stated in Mr. Brown's pamphlet, page 9, that all (almanacs) preceding 1848 would not number half a hundred? Answer: It is.

By Mr. Brown.   Question 3: How long have you acted as clerk for Mr. Gocdloe ?   Answer: Since the 1st of June, 1852.

Question 4: By whom were the almanacs for 1846 and 1847 published? Answer: It is my impression they were published by Dwight Brown.

Question 5 : Did you count the almanacs in the bundle and by the bundle, or did you separate the bundles and then count them ? Answer: They were all separated, and those that were counted were uniform in appearance. We did not look who was the publisher of each one of them ; but they were so uniform in appearance that we could hardly mistake that they were the same.

Question 6 : Do you not know that the relations between Colonel Goodloe and myself have*"been such fcr some time prior to the publication of my pamphlet, and such since, that I did n