p.3 Assizes - J.G. Parker vs T. Smith - This was also an action for the value of a promissory note for the sum of £55, with interest, on which the defendant was endorser. Mr. Bidwell was for the plaintiff, and Mr. Kirkpatrick for the defendant. The particulars of the case, as well as we can condense them, were as follows. In the year 1831, a Mr. White was on the limits in Kingston. Wishing to obtain his liberty, he made the note in question and getting the endorsements of the defendant and another, put it in for discount at the Upper Canada Bank, where it was refused. Failing in this application, White had resource to Messrs. Truax & Parker, the then owners of the Steam Boat Toronto, and made a contract with them to supply wood at Bath for that boat, at 4 s. per cord, and placing this note and a gold watch, worth about 15 or £20, in their hands for security in the due performance of the contract, received an advance of £55, and obtained his liberty. About 100 cords of wood only were delivered by White, who shortly afterwards absconded. The action was therefore brought against the defendant, one of the endorsers, for the value of the note, as compensation in part for the damage sustained by the plaintiff for the non-fulfilment of the contract on the part of White. A good many legal points being mutually admitted, the matter in dispute for the Jury to decide was, whether the contract for wood was broken by White, and whether any damage was sustained by the plaintiff in consequence thereof.
Messrs. Truax, J. Reeves, B.F. Davy, and Polly, were examined for the plaintiff, and Messrs. P. Davy and Chestnut for the defence. The evidence was tedious and somewhat perplexing, and many exceptions were made to it by the adverse counsel. Mr. Polly's testimony
(the master of the Toronto,) was the most material. He deposed to being frequently in want of wood while at Bath, and to being compelled to buy of several persons at an advance of 2s. 3d. per cord, in consequence of the non-fulfillment of White's contract. The particular quantity of wood received by him from White, and also the quantity he might have taken had it been ready, he could not enumerate with any exactness, but thought the quantity received did not exceed 100 cords...... Jury found for defendant.
....Our readers will see that we allude to the particular case of Capt. Paynter of the Cobourg, a man who stands accused and convicted of gross dishonesty towards the government of this country, and towards the proprietor of the William IV the command of which he enjoyed for two seasons past. We have not time nor space to publish the correspondence between Mr. Jones, Agent for the William IV and Mr. Hawke, the Emigrant Agent, but we shall quote some part thereof in order to sustain the charge made against Capt. Paynter. In one of these letters, Mr. Jones says, "I am sorry to say my suspicions in regard to the dishonest conduct of Capt. Paynter are confirmed." In another, "I am convinced that the proprietors of the William have suffered severely from Capt. Paynter's dishonest practices during the two years he has commanded the boat." That Captain Paynter acknowledged the justice of the accusations, must be inferred from this passage in one of Mr. Hawke's letters: "Captain Paynter tendered me the sum of 23 pds 8s. 9d.being the difference between the amount he received from the government and the sum he passed to the credit of the proprietors of the William IV." His guilt must also be inferred from his total silence while these accusations are bandied about from mouth to mouth, and from newspaper to newspaper.....(much more showing animousity of editor Dr. Barker on this subject.)
The discrepancies and contradictions that appear in the lists of consignees per Rideau Canal, as published by the Chronicle and ourselves, serve but to puzzle and annoy the only class of persons for whom this information is published. We beg leave therefore to assure our readers, that they may confidently rely upon our correctness, as we personally take our intelligence from the books of the Ottawa & Rideau Company. If the good folks of the Chronicle are too proud to copy from the Whig, they might at least give themselves the trouble to procure correct information.
July 27 - The steamer Thomas McKay, Chambers, with barge Trader in tow. 40 passengers (consignees listed.)
July 28 - The steamer Rideau with barge Mary in tow. 75 passengers.
July 28 - The steamer Thomas McKay, Chambers.