Western Sun & General Advertiser, Volume 24, Number 29, Vincennes, Knox County, 17 August 1833 — Page 2

TO THE PUBLIC. There arc some s.ibjccts so unpleasant, that onlv urgent necessity can induce men to meddle with thorn. The difficulties hot ween John I). Woolvcrton and myself pre of this sort at least, to me. Those who (hiring the pa?t year have had any int rcourse with me, know how seldom ar.d with what distaste I have alluded to these difficulties. My friends and associates know, that trusting in the assurance afforded hy a pood conscience, that time would dcvelopc every thing con

nected with his charges agninst inc. ex hibit him and his associates in baseness inthirown naked deformity, and enahlc my fellow citizens to do me full and ample justice I have bared my bosom to the storm cf prejudice w hich this person has so artfully labored to excite, and have pursued my ordinary course w ithout en deavouring to enlist or conciliate the good feelings of any. And bitter have been the consequcnccs. But this nerson. not vet elutted still f haunted by the creature of his own conscience that gnawing devil which even glares from his countenance, not satisfied with all the reproach he hns brought upon me, with my removal from office upon suspicion, and loss of once dearly esteemed friends, and defeat m the late election, in yet following the pursuit, and ha3 canted a publication to be made in the Sun of last week and from the Gazette ollice in handbills, at his oun expense, but in the name of I). C. Johnson. Under these circumstances I hen to trespass on the patience of my fellow citizens, and solicit their indulgence while I attempt to defend myself against the malignity of this individual to do justice to my own character due to my family, my friends and myself and to exhibit him and his associate and tool, Johnson, in their own true colours. I ;hnl1 nttomnt to do mvself iustice in as few w ords as possible, but many may be j nrron.,- " I may wound the feelings of some of his connexion", but to him and not to me they must look for the cause. 1 may introduce persons or subjects not directly connected -with the matter and h'jndlc them roughly but let it be remeinbcied that such is the manner in which I have been treated; and I have borne and forborne until further forbearance would be alike unnatural and disgraceful. After daik on Saturday the 17th day of November last, I was informed that J. I). Wuoivenon had the original Cottrell papers, that the writing resembled mine, and that several respectable persons had certified that they believed it mine. This was the first information that I had that my name was even in suspicion connected With the matter. On the ISth August proceeding I had received from the Treasury Department, a copy of the charges, w ith instructions tocxani'iie into them; and on the same day examined the accounts and cash at Wool verton's office. On the Mild Sept. 1 v.-rote to the Secretary making a report of the situation of the cash; and if at all leaning to either side, rather partial to Wi.olvcrton in mv statement of an unauthorised loan made by him to Capt. Bcekes; and concluding by submitting to the fc?e retary my conviction that there was no such man as "Cottrell' in the country, that indeed the charges were in a fictitious name. My enemies can get a copy cf this letter from the Department my friends, and all impartial men will be satisfied to see it in my letter book. In truth, 1 not only believed that the name was Ik titious, but also that lVoorcrfoi nimsaj, xvasoifncr inc ourior or .rot-wr. r, .1)1 Hir Mil 'WU Ml TMUl UP II iui character of cleansing some of the ma ny dark spots and dirty places rumour pointed at of strengthening his claims for a re-appointment, I believed this, because such was the Common impression of our citizens; because it w as consistent w ith my knowledge of him and his habitual trickery: and because it alone could account lor the nature of the charges, and especially for the strange iireumstanee that the persons selected for witnesses against him, with two exceptions, were all either family connection, secuiiticsin his bond pledged for his iutejiritv , personal fnen 's, or persons in

vhse famines he practised as physician. sight it, and he did so. D. C. Johnson, The Secretary suspended the investia- j was not at this time drunk, though it was lion. Woolvcrton in the beginning of No- j evident he had been intemperate. He vend cr, by the aid doubtless of his friend. promised to drink no more; to come to mv associate and colleague in this affair. Rat- j house early the next morning; to make litf Boon, obtained the original papers. 'copies of the certificate he then gave, and But here again it is necessary to revert to 1 if 1 'bought proper to make oath to them August. Prior lo the 1st day of Scptcni- 'On Monday morning tho 10th November ber, two months before Woolvcrton could ; last, before my breakfast, D. C. Johnson have seen the original papers, or could did come to my house, as sober as anv have known the appearance of the writing, ; man, and solemnly swore to these allidaunless indeed he was from the beginning vits all written by himself in a plain regacquainted with the whole matter, and Uilar hand and good grammatical Fnglish knew that mv hand waiting had becnimt-! three times solemnly sworo before Gen. tated or counterfeited; he, Woolvcrton, , W. Johnston that he, and not 1, "wrote and toi k a gentleman vit ibis town, one that he j preferred the Cottrcll charges. I have erroneovMv supposed was not well inelin- 'said he wa perfectly sober and will prove cvl towards me, to his houe, shewed him a it before I conclude. copy of the charges and also some publi- Conscious of my own innocence, and cation know n t(, have been written by me, j furnished w ith this document, I felt myself and endeavoured to p-unt out some reseni- safe and acted accordingly. 1 was mistablauees of style between the two, an 1 in- j ken. I had not then realised in my own limaied to the same person, that I, wrote j person, the bitterness, growing out of par-

i i them both; and persons who left Yinccniies early in September to attend the Indian treaties publicly charged me with me auuiorsmp oi mo ouieu papers, ana

referred to Woedvcr ton as their author. deuce of a mere resemblance of w riting. Dr. Hiram Decker weJl know the truth My ease had been prejudged. Th maof the first of these ftatemcots, and he and nv men had prematurely formed their o--Cthcrs know the others. I pinions. Too many political opponent

I ask then, vhv did Woolvcrton charge

me as the author in August The pre tencc of a resemblance of style is too far fetched; unless that supposed resemblance had been intended; unless mvstvle had been imitated ns well as my w riting countorleited; and then indeed, it w as na tural that a resemblance, supposed in consecpicncc of an eflort at imitation, should be used by a partu to the fraud in argu ment against mc. Woolvcrton knew that my hand writing had been counterfeited that an elfort had been made to imitate mv -style. His guilty conscience caused him to feel that all might not be sufficient, lie incessantly laboured from the beginning to fix the suspicion upon me. The original pnpers were received by him sometime in November. It w as w ell known hat I intended to leave town about the 120th, for Indianapolis. It was said the hand writing closely resembled mine. Nevertheless for some ten days at least, I believe fioni the Wd to the 17th, the papers were kept in secret: they wore exhibited tn secret; certificates from mv enemies and his friends were procured in secret; a meeting was held at his house, and certilicates were obtained, under a request and promise for secrecy; and I only learned all this, when the manly spirit of one high minded individual taught him it would be praiseworthy to violate a disgraceful pledge, cunningly asked for and incautiously given. Now again, w hy all this? If the evidence of the style, or of the hand writing, or of both, were so conclusive against me, why not charge mc openly, at the street corners and in the face of day ? I am but a single individual, not strong in person, not powerful in wealth, destituc of connexions in the country, and dependant entirely upon my own merit and my own exertions. Why did he not at once and opcnly charge me with the offence, and shew lo me and to the public, the evidence? As well might it be asked, w hy the assas pin shts at night why the thief steals in the dark why the counterfeiter works in secret ? It was fear; the natural fear, incident to a conscience incessantly haunted by images of guilt, prompting its miserable subject to seek shields and safe guards, in the multiplicity of contrivances, and in the superabundance of caution. If J . D. Woolvcrton had seriously believed that I was the author of those "papers, he would at once ec openly have charged me with it at the latest, so soon as he had received tho original papers. Such only could have been the course of a manly spirit of any one indeed tiered by the indignation so natural to injured innocence. Such was not his conduct. Three months were spent in dealing out dark insinuations; two weeks more in secretly procuring certificates; when accident made the disclosure. When "informed of the charge against me, I set myself at work to discover the writer. 1 ascertained by accident that D. C. Johnson had said he could write mv hand, that he had been seen to imitate my writing, and I knewhini to be the associate, tool and pigeon of Woolvcrton. I asked of Gcnl. John Myers his assistance. not because he w as my friend, but because he was conversant with Johnson's habits, (Jenl. Myers did elicit from Johnson c nough tosatisfy us, that if he did not actually write the papers, he knew much aboutthem. 1 then went to" Johnson he was somewhat under the influence of liquor, but had his senses fully and clearly, and after much talk he said, that I might look upon him as the writer, that he had no intention to injure me, and that he wou'd not expose those who were concerned with him. I asked him to make a pub1 nrknowlndrrmmit. but bo unci f i v ol v- ro ; fuseJi This all pa?sca atc OI1 Saturday :.,!, night, perhaps on Sunday morning. At my request, (Jenl. Myers was with him much on Sunday, for the purpose of keeping him from tho bottle. On Sunday night he admitted in the presence of Gcnl. Myers that he was the writer, and proposed to give a written acknowledgment, provided I would sign a paper which he had prepared. 1 recollect examining the paper ; there was some stutfat the top of it which did not seem to belong to it and w as intended to have been torn off; some of it w as of a nature that I could not sign and this I erased w ith my pen, the balance appeared harmless, and I signed it. John son then insisted that Mvers too should tv contests. I was not aware of the extent to which public opinion had been 1 prejudiced. I did not appreciate the . wciiMU wnicu would oe aUaeticU to evi-

were willing to believe any thing ill ofl

mc. loo many were interested in getting me out of the way of themselves or friends, ior me then to have justice. But especially there was one circumstance that I could not explain and which seemed to clinch the nail upon me. I was in Terre-Hautc on the 28th or 29th July. The Cottrcll papers Mere mailed there on the .'10th. This has been since accident ally met. rrancis Cunningham, Tavern keeper and Postmaster at Terre Haute, has sworn before Judge Parke that 1). C. Johnson was in Terre Haute in the last days of July, about the same time I was there. And thus the nost mark at Terre Haute on the 'MJtli is made perfectly consistent w ith his affidavit and with 'my Innocence. Some two w eeks previous to the latc clcction, I was informed by several good men, that this person, (Woolvcrton,) was exhibiting to voters of our county in pri vate, some papers signed by Danl. Joiinson relative to this same Cottrell affair. It was asked, why they were not published in the newspapers and an opportunity afforded mc to reply to them? And the answer of John IK Woolvcrton, repeatedly made, was, that it might be thought unfair, just before an election, the publication would be made afterwards. In this, this person has exhibited another specimen of his assassin like malignity; of his low, dark, cowardly spirit. But 1 nm wrong, these epithets do not suit him. He acted as might well become the associate of Daniel C. Johnson, who stands indicted by the Grand Jury of Knox county for forgery; who was charged by his own father-in-law with forgery; who acknowledged under oath that he had im itated iny writing. He acted, as well be came one, charged himself by the nflidavit of John M. Leltoy w ith defilement by base money. In the name of justice, it the publication would he ten fair, could the private exhibition bo more fair? Could any hut u. mind stimulated by a guilty conscience conceive, could any but a heart long corrupted by vice and its associations feel, that it would be less fair, less just, less manly, to publish than to shew in private false charges against a candidate a few days before an election? Only J. D. Woolvertcn's mind could conceive this only his heart could feel this only he is mean and base, and at the same time weak and foolish enough to imagine such pretence would answer. But so it is. And in the Western Sun of the 10th int. these same paper? thus secretly shewn before the election are published, and at the same time hand bills have been printed at the Gazette olliee. upon the personal call and at the expense of this Woolvcrton, But before I proceed to the consideration of this publication, I ask all reflecting men, why is it that each additional effort publicly made by this person, (Woolvcrton.) against me, has been preeeeded by days and weeks of incessant labour on his part, to anticipate public opinion, to enlist privately the opinions of those not well inclined to me, to secure the prejudices of numbers, as it were, on his tide, before he dare step into the face of day? It is guilt, still distrusting all the bulwarks it has provided it is conscious guilt, still alarmed at the phantoms of its own creation and still dreading .merited detection. But to consider this Woolvcrton's publication under the name of Johnson. 1 trust that I shall be able to shew, that this same Daniel C. Johnson, in the same pub lication, in which he makes a hypocritical profession of reformation well becoming the son of "Homer Johnson, of Bellville, heaps deception upon deception, and strings falsehood after falsehood. Yet, as it would occupy too much space to examine all, I must content myself with serving up to the admiration of the public, a fewspecimens of Johnson's reformation and Woolvcrton's trickery. Woolvcrton's man Johnson says "that Francis Cunningham of Torre Haute, Wm. Burtch, Win. J. Hebcrd, Sand. Tomlinson, and Eliliu Stout of this place, and Homer Johnson of Bellville, formerly Clerk of this county, have all when on their examination before the Hon. B. Parke in March last, most solemnly sworn to the w riting of the said Cottrcll papers, and unanimously pronounced it to! be Saml. Judah's, all these men being well acquainted with his hand writin a... m c. Tor proof that this statement is false, let the follow ing extracts from the tcstimony of these witnesses be read I give it verbatim, and if any one doubts its correctness, let him not go to Woolvcrton for satisfaction from his mangled and altered elocuments, but apply to Judge Parke. who will probably give a certified copy of the evidence. "F.lihti Stout examined. Questions by Major Dowcy for Woolvcrton. "Q. 1. Have you ween Mr. Judah frequently Write, and arc you acquainted with his hand writing i "Ans. Yes. "The Cottrell papers shew n. Xo. 1 , , "1, and Mr. Stout said "Xo. 1. resembles Mr. Judah's hand writing I believe from the resemblance that it is his. "Xo. The same atiMvcr precisely. "No. :j. I do not believe Saml. Judah w rote the first line. Hon. Louis Mcl. ine it docs not look like his I should doubt his w riting any of it, though the second line looks somewhat like his." Q. '-i. Do you discover any appearance of Mr. Judah's hand writing in disjuic iu the iuvelopc Xo. M.

A. I canr.ot say as t never saw his i

Avriting in disguise. By Mr. Judah. Q. l."How many years have wc bcon acouaintcd. A. At least fifteen. Q. 2. How many years have I been in the habit of w riting articles forvour new s paper. A. Not less than ten. (I. 3. Have you been in the habit of copying my hand writing good bad and ind i tie rent. A. Yes. Q. 1. Docs my hand writing vary very much. A. There is a general resemblance. "Q. f. Docs the superscription No. 3, shew that general resemblance? "A. Not so much as to make mc suspect it to be yours.' Now let it bo kept in mind, that Mr. Mont had been intimately conversant with my writing for at least ten years that he only swears to his opinion as to part of the papers, and that from theresemblance and that he swears positively hednes n ot belierc I wrote the paper marked No. Jl, and is it not most clear, that Woolvcrton's man Johnson, has allc2cd a falsehood in stating tliat Mr. Stout swore to the writing of the H,ottrcll 1 1 perr' and pronounccu it mine f Samuel Tomlinson was sworn and examined by Major Dewey. Ans. to 1st Q. "I have seen Mr. Judah write and am well acquainted w ith his 1 hand writing. Ans. to 2d Q. The Cottrcll papers, No. 1, 2 shewn. "Tho charges No. 2, do not look like Mr. Judah's writing, No. 1, looks more like his writing, on the whole I think it all looks like his. I cannot say I believe he wrote the charges No. 2, as to No. 4", I believe he wrote the 2d lino of the superscription. Of this cntlcmans testimony it is only necessary to state, that he had seen my writing daily, for months, and known it for years. The public will perceive that as to the lino of No.U, of which Mr. Stout said, he did not think it my writing, Mr Tomlinson says nothing; as to No. 2, the charges, he doubted; and as to any pa it, he only spoke from the resemblance though Woolvcrton makes his man Johnson say, that Mr. Tomlinson swore, to the w riting of the Cottrcll papers, and pronounced it mine. It is true that the other witnesses, Cunningham, Bui teh, Hebcrd, and I lower Johnson, of Belville, did swear even to the tail of the hog; but I shall take tlr; liberty of giving my own views of the circumstances under which their opinions were formed, or their testimony given; and trust I shall satisfy the public that their testimony adds not any weight to that of Messrs. Stout and Tomlinso. However, it should bo observed, and all reflecting men will feel the importance of the observation, and in justice to the three first of these individual, it should be made; evidence to tho identity of hand writing, is simply ami solely a matter of opinion; whenever there is any resemblance between the writing under examination and the w riting, of the person charged, a little prejudice, whether arising from feeling or fro.n interest, may incline the mind and control the opinion of the witness, however honest in the general he may be. Francis Cunningham was sworn; the Cottrell papers were shewn him, and he replied to major Dewey: Ans. to (J. 2 '1 have said heretofore that I believed Mr. Judah wrote those papers, and 1 believe so now. In reply to some questions from me, he answered as follows (1. "Did Woolvcrton and ItatlilT Boon aid you to obtain the appointment of Postmaster, at Te i re-Haute?' Ans. "Woolvcrton did.' Q. "Did I refuse to join in recommending vou V Ans. "Yes, you did. Q. "Where and when did you see mc write, w hen did you last see me write .'" Aus. "In Terre-IIaute, four, five, or six years a-ro. O. "How often and when was D C. Johnson in Terre-IIaute? Aus. "I recollect once, about the same tlmc ou fcre, in the last days of J ti ! '" 1 10 M know wcthcr it was a day or two before you was there, or about the t" r Mr. Cunningham omitted to answer whether Boon had recommended him; and his memory was rather dull relative to Johnson's presence at Tcrrc-Hauto, tho Johnson put up at his house; he could only recollect that he was there "about the time." I would place full confidence in I 'rank Cunningham's testimony as to mot matters vi tact ; none in his opinion, or Ins otlicf in this allair between a man who had refused to serve him and one who had erv ed him eilectually between mc, a stranger and no favorite, and Woolverton, w ho from his former connection with Dr. Shuler, might bo called almost one of' Cunningham's family, and had obliged him. Wm. Burtch was sworn, and so too was N in. J. Hebcrd. Hebcrd is the brother-in-Uw and partner of Burtch ; and Burtch is by marriage closely connected with Woolvcrton and is his principal security They wore that they believed --the Cottrell papers were in the hand w riting of Saml. Judah.' There are numbers of mr iu Yineennes, better acnuainfed with mv h-m.t i ,t.i,i more swiiicd in penmanship, and therefore more capable of giving a eo.rrect opinion of the authorship of any .....III.. . n,. I . . . I "It 1 " . .

writ hit. a well as of mine, than cither ct

these thrre w itnesse; men, as honest and ai ICi'i noi ICSS llisuncr"-"-" mtu, nuv . i i i : " . .under obligation? to Woolvcrton, not conncctcd with his family, not responsible for his integrity. Why, were not such men produced as w itnc5scs against mc ? Why were these three selected ? If you doubt for a reply, think, why is it, that the sleep of the criminal is constantly broken by thc idle creations of his own brain ? It was fear, constantly springing from his own conscience, and constantly inducing the utmost circumspection and caution. It was the same fear, which induced thh man to refuse to me an inspection of the original papers, w hen asked for by iny fiiend James G. Head, at Indianapolis. But "Homer Johnson, of Belville, was "most solemnly sworn to the writing. He was; and most naturally did he conduct himself. He folded his hands; he rolled his eyes; his spirit seemed about to wing its way; and he said, "I have no doubt but that Mr Judah wrote those papers.' To show the regard this man ha3 lor the obligation of an oath, and how he can trifle w ith plain facts much less with opiw ions, when so-cmnlv sworn, I appeal to the people of Vincennes, even to Wooh cr-

pa-jtons own chosen witnesses, whether tho

(truth of the following statement is not nojtorious and undoubted as well as undeniI able. That last fall, James Gibson, Esq. ! held a note for about 150. executed bv i W7 . D. C. Johnson and apparently by Bcnj. V. Beckes, as security. That B. V. Beckca refused to pay it, asserting that he had net put his name there nor authorised it to b done; that 1). C. Johnson had counterfeited it. That in December last, Homer Johnson took up this note, to save his sou from a prosecution for forgery on iha 'charge of his father-in-law, and as is said ' burnt it. Well knowing all this I put tho I following question to him : U. 11. 44 W us not Danl. C. Johnson accused by his father in law, Bcnj. V. Beckes, of forging his name to a note for money payable to James Gibson A. irc heard such a report, but do not know it. An honest man would have answered '-yes. 1 Iomer Johnson not daring to deny it, tried to pass a matter of fact by as a rumor. Ad this is tho man, upon whose opinion and belief I am to be condemned. Woolvcrton also makes his man Johnson state further, that Messrs. James Smith, Scott, Decker, and Gardner, jiave affidavits, and that Messrs. Robinson and Bad diet gave certificates, upon examining the papers in November last, as to their belief; and observes that "only a strong sense of conscious duty, ami a most solemn conviction of the truth could have induced them,1 &c. James Smith is and always has been my enemy, personal and political; he never did me a kindness, nor omitted an opportunity of doing mean injury. The resemblance of tho writing to mine, was fully sufficient to authorize any one, with the tenth part of his prejudice and feeling, to pass an opin ion against me. On Sunday, I believe the 'Id day of November last, John D. Wool vcrton, Ratlitl Boon, and John McClurc, jSat in council on the Cottrell papers at the house of Samuel Emerson, in this county James Smith, my enemy in all thing?,and my opponent in all sorts of politics, was the first person called on for a certificate. Armed with this, Woolvcrton called together at his house in the nMit time. Messrs. Scott, Decker, Gardner, Robiuson, Henry Wise, Badollct, and others. There, by candle light, he submitted to them "ihe Cottrcll papers,'1 Smiths certificate, and certain deeds and writings of mine, most probably the identical instruments used in imitating my hand, and thev compared letters ami words. One gentleman, Henry Wise, kept cool enough to perceive the triclcry the others were brought to form an opinion and to pass sentence on jne. A promise of secrecy was asked and given, and the meeting was adjourned. One ofihe gentlemen was so struck upon reflection, w ith the cmrmous impropriety of the transaction, that notwithstanding the promise of secrecy, he felt compelled to inform mc of the a flair, and thus only did it come to my knowledge. This is the manner, in w hich numbers were enlisted against ine in a J matter of opinion in which, public opin !i, was prcj idiced by which a storm of calumny was raised, by this cunning rasj oal, sufficient during many mouths to j drown the voice of reason, and this too ! t1. transaction, tn whi.-h bo lm n-, I - 7 - ------ w j iiimuu his tool Joiinson affix the the epithets "strong sense ot conscientious duty and "i mo-,t solemn conviction of the truth.1 D. C. Johnson is nnde lo pay that ho was drunk, ''in n crAr i.f KonitU- intv tiou when he swore, three times solemnlv swore on the lihh Nov. last, before ("en. V .Johnston, Lsq. that he "uroe and prei.i t fcrrcJ ttic charges against John D. A verton in the name ot John (".Cottrell aud that Saml. Judah did not. That I m w as then and there, sober is provcu by the e idence he has afforded himelt th.lt ht: h:id w mmm'tK ti civiirn o .- ti. from mo to stand bv him in bU serious difficulties, as his lawyer ar.d counsel. That ho was then und there scber, is proven Uy one of tha ailidavits, preserved notwithstanding the advice of a, weak or treacherous friend, anJ shewn in the streets to Messrs. No ah Purcellr Collins, Ross, Wm. Scott, John Scott, "Saml. McCluro and many others; tho vv halo, of w hich is written iu his own l in.l ;t.,,.. t . . .... t ; bint or error. That he was then und there sober, may bo proven by Messr. Jolm Mvcrs, Win. I.. Wither?, aud J. Arms truu