Rensselaer Gazette, Volume 3, Number 38, Rensselaer, Jasper County, 11 January 1860 — SWAMP LAND REPORT. [ARTICLE]

SWAMP LAND REPORT.

TESTIMONY OF 11. H. MILROY. Thursday, February 17, 1859. Members Present.— Hon. Mr. Green and Hamilton. Ques. Do you know anything of a suit or suits that were instituted in Jasper county, as a defaulter to the State. Ans. I think in the spring of 1855 I received an order from the Auditor and Treasurerer of State to demand a settlement of the accounts of Jacob Markle, as Swamp Land Treasurer of Jasper county, and if he refused, to bring suit against him. The amount of his indebtednes to the State at this time was between $25,000 and $30,000. Mr. Markle refu ed to settle, and I commenced suit on his official bond. I was reliably informed that he had sold on credit about 10,000 acres of land, which lands were ! pattented to Lawson Bruce, and by him t > G. W. Spitler, and upon which I obtained an injunction to prevent him from transferring these lands. After we obtained this injunction, Messrs. Spitler and Markle camo to Indianapolis and effected to compromise wit’h the Governor and Treasurer of State (Wright and Noffsinger) in July, 1855 and executed their notes for $23,460 30. The terms of these notes were as followss One for 10,000, payable one day after date, with Allen May as security; three for $4,386 73 each, payable in one, two and three years after date, with interest. On the first note Wm. Sheets was security, on the second John P. Dunn, and on the third Allen May. These notes, were all made payable into the Treasury of State on account of Swamp Land Fund in Jasper county. At the time this compromise was made the accounts between the Treasurer of Jasper count}, and the Auditor of State in relation to the funds of the Swamp Lands were in such a state of confusion that the actual indebtedness of Markle could not be ascertained. In order to meet this condition of the books, the parties entered into u written agreement that when the books became to be fully settled, if it was found that Mr. Markle had given his notes for more than was due the State, he was to have credit on the notes for the amount of money so paid, and if the notes given at this settlement did not cover the whole of his indebtedness, then he was to give an additional note, covering the amount thus found, and payable at the time of maturity of the last note above referred to. Fer the faithful performance of this contract J. P. Dunn and G. W. Spitler were sureties. After waiting a reasonable time on the Treasurer of Jasper county, and he showing no willingness to settle, the Auditor of State came to Jasper county, bringing a competant accountant, who, with the assistance of J. Ballard and A. M. Puett, ascertained from the books of Markle that he was indebted to the State for $14,000 (or thereabouts) more than his notes called for that had been given at the time of the agreement referred to. As attorney for the State, I demanded additional notes for this amount. This was the 2d of June, 1856; and also on the 7th of July, 1856, I again made the demand, which he refused to do. April 28, 1856, I received an order to bring suite against Markle for this balance of $14,000 due on settlement. Gov. Wright and Mr. Talbott employed me on the part of the State, and also directed me to employ additional counsel. Accordingly, the services of Daniel D. Pratt, of Logansport, were engaged. Upon examination of the agreement made with Markle, and Spitler and Dunn as sureties, we discovered that it was loosely

j.and inefficiently drawn, and contained an i error, in not requiring Markle to give securi- ; ty in accordance with the understanding of the parties. We therefore filed a complaint . against Markle, Spitler and Dunn on the 17th of July, 1856, with good and sufficient | security thereon, waving valuation and apI praisement laws; and in default of Markle so doing, then the plantiff to have judgment vs. said Markle, Spitler and Dunn for said sum. Some time after filing this complaint I took the depositions of Gov. Wright, Auditor Talbott, and Treasurer Noffsinger, to prove the agreement, &c. I also procured from the Auditor of State a certified copy of the settlement by the Auditor before spoken of, showing the balance of $14,000 due the State from on account of Swamp Lands sold by him, and I also procured for the purposes of the trial, three of the four promissory notes before mentioned, that were given by Markle and aforesaid, which three original notes and copy of agreement I still have in my possession. The second of the four original notes I aforesaid, upon which Wm. Sheets was sure- | ty, had been (as I was informed by the Treas- j user of State) paid off and taken up by IVIr. j Mjirkle. The suit that we commenced in July, 1856, was continued for different rea- ! sons over two terms of the Jasper Circuit ; Court. The second term after it. had been ' commenced Mr. Pratt wrote me that he j could not attend, and requested, if I thought ' best, to get some other assistance. I accordingly engaged Mr. Chase, of the firm of Chase & ilstach,of Lafayette, Indiana, to ' assist in the trial of the case at that term—

March, 1857—and he attended our Court for that purpose; but the case was again continued by the defendant, I believe. Some time during the summer of 1857 Governor ' Willard, Aquilla Jones, Treasurer of State, , and T. Palmer, Deputy Auditor of State, came up to Rensselaer for the purpose, as I understood., of making some arrangements, or settling with Markle; and being with him one day, came to my office on the next morning and stated that they had made arrangements with Mr. Markle that were to be perfected by him at Indianapolis some time afterwards, and the Governor and Treasurer of State desired of me the notes in my possession, which I offered to surrender provided they would settle with me, and give an order on the Treasurer for my fees in the case, which they refused to do, and I refused then to give up the notes. Mr. Markle told me some time afterwards that he had not and would nM settle with them as they required him to do, and J have understood that he has not yet settled with the State. While at Rensselaer, Gov. Willard ordered tiie Clerk of Jasper Circuit Court—as he informed me —to dismiss th? case t’s. Markle, Spitler and Dunn, but did not file a written dismissal until 2 Ist September, 1857. The account of myself and partner against the State, for services and expenses in taking depositions in this city twice, and at Rockville once, and in going to Logansport and to Lafayette to employ and consult assistant counsel, amounts to $276, of which sum 1 have received $146, $l3O being the .balance now due me; and I understand that neither Mr. Pratt nor Mr. Chase have received anything for their services. I would, further state that in the fall of 1856 I was employed to bring suit against Markle by the officers of State for a defalcation as Treasurer of the county for State revenue. This suit was brought in the Jasper Circuit Court, and received a judgment against, him for SI,OOO, which Markle has since paid. In the fall of 1857 I broughtsuit against Markle, by order of the County Commissioners, as a defalter in the county revenue for $1,500, which suit is still pending. His term of office as Treasurer expired on the 12th August, 1857, but he held on to the books of his office and key until the Ist November. Some time during the winter he was appointed Swamp Land Commissioner.