WRITINGS OF SAM HOUSTON, 1859
242
The defense was, that the note was given for a fraudulent, and therefore worthless, land certificate. The petition in the suit was filed on the 21st of January, 1847. The answer was filed on the 22d of the same month. The transfer to New Orleans, on application of the plaintiff, was made on the next day after, the 23d. Thus, in less than seventy-two hours from the_institution of the suit, it was trans- ferred to New Orleans, on application of the plaintiff. All this was done out of term time. The transcript was filed there (New Orleans) on the 11th of February. The trial was commenced on the 16th of that month; and the case was finally submitted for decision, on the 23d of March. Thus we see, that in sixty-odd days from the filing of the petition, the case was put at issue, transferred, tried, and sub- mitted. It appears that in the pleadings at New Orleans, it was admitted by the plaintiff that the certificate which he (Phalen) had sold to Herman for $3,000, was a f1·a1,ululent one, issued to a fictitious person. It appears, moreover, that Judge Watrous had informed one of his confederates in the land association (Reynolds) of the transfer of this suit referred to, actually before it had been commenced in· his court! In a letter from Reynolds to John- son, dated the 10th of February, 1847, he says: "Judge Watrous informs me, by letter of the 19th ultimo, that you were to leave the next day, from Galveston, for New Orleans, in charge of our land case, with the view of bring- ing it before the circuit court of that district." This information was given on the 19th of January; the suit was not even instituted until the 21st of that month. I will now read some of the correspondence in my possession, that passed between members of the land company touching the conduct of this suit: "New York, February 10, 1847. Dear Sir: Judge Watrous informs me, by letter of the 19th ultimo, that you were to leave the next day, from Galveston for New Orleans, in charge of our land case, with the view of bringing it before the circuit court of that district. And I hear, from Major Holman, that you were daily expected in Philadelphia: I write, therefore, at present, merely to say, that if you are in New Orleans, that I have caused Mr. Grimes to be writ- ten to by one of our associates, and that he will join
•
Powered by FlippingBook