Augusta County: J. D. Imboden to John McCue,
November 13, 1859
Summary:
Imboden discusses ongoings at the circuit court and Staunton.
Nov 13th 1859
Staunton Sunday night
Dear John.
The National Hotel stables were burnt on Thursday last--Fully insured--lost the buildings & 600 bushels of corn & some hay. The [illeg.]
I would have written to you on yesterday in reply to yours of the 7th, but I was laid up with one of my very worst spells of nervous sick headache--and did not leave my bed during the day.
I have been, indeed we have all been, very greatly disappointed in not seeing you here before this time. I thought you certainly would have come over during this term of the circuit court, and the remark in your letter that you "may not come at all", disappoints us greatly. There is a very general, and earnest wish on the part of all your old friends of the Bar, and of the town generally to see you. I often hear the remark "I would rather see John Howard McCue just now than any body in the world". And since the Court commenced I have been asked by fifty persons I suppose whether you would be here, all prompted by the friendly motive of wishing to see you for the sake of "[unclear: auld lang syne]".
I do hope that you have got through your depositions in the Rice & Coleman cases, & that you can come this week. We have just commenced the Civil docket. Only two cases have been tried thus far. So you will still be in time for most of the Court business of interest, if you come this week.
Until you mentioned the fact in your letter I did not know that there were such
suits as you speak of between Dr. Rice & Coleman. What did they
originate in? and when? I have only casually made an inquiry or two in respect
to the cause of Dr. Rice leaving here, and have not been able to learn anything.
I have no doubt that all the facts could be got from Wm H. Peyton, but it would only be confidentially, and you could not use such information. If I can aid you
in any way, of course you may rely upon my doing so. I have not had time to look
into the law questions you submit whether in libel the
12 mos. statues of limitation applies, and from what
time. I will try and examine it this week, and get Baldwin & Doyle to do
so, and let you know the result. I have a decided "horse back" opinion, but that
you dont want. I think the 12 mos statue certainly ap-
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plicable, & the only
question is when does it begin to run? In the case you put, I think clearly at
the date when the authorship of the libel was
ascertained, & not from the date of the libel
itself. If not so the false or antedating of a libel would always screen the
author or publisher. The right of action can only
accrue when the author & publication become known, and from that date the Stat. of Lim. runs. I have no doubt that I can find ample
authority on the question in some of the large
libraries here.
Dr Quarles has gone to Missouri. He qualified as Curator before he left. He will
not accede to the terms you propose, I am satisfied, for it would all come out
of his own pocket, as Sarah Reed is a minor. If Dr.
Quarle's own sense of right had been properly appealed to I dont doubt his liberal disposition to have done more for little
Reed than the will provides for. But until there is an end of litigation there
is no use in making propositions. He intends now to shew, not only that Mr. Reed
was of perfectly sound mind, but that he was uninfluenced in any way by him (Dr
Q.) in what he did. And I am perfectly satisfied that the Dr. had no more,
than
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you or I, to do with the making of that will. The only points
upon which I have advised him are the legal questions involved in the pending
controversy, and voluntarily I advised him to decline the guardianship of little
Reed, which he told me he never dreamed of accepting. I deeply regret this
controversy for & on account of the effect it may have on the relations
of Drs. Quarles & Wills. If the latter understood the whole matter as I
do, he would not reflect on Dr. Quarles for what he doubtless regards as the
great injustice done to his child. Dr Quarles is not responsible for what was
done, nor is it in his power to undo it. It was his purpose, as I do
know, before this controversy arose to have been very liberal out of his own individual means towards little Reed.
How far that purpose has been changed by existing circumstances, I am not able
to say.
The issue was made up on yesterday in the case. It would have been, and is now very desirable to us, to have the case tried at this term, if that can be done by consent. If not, I wish to take, as soon as the Court rises, the deposition de bent epee of John A. Harman & Wm J. Nelson, the subscribing witnesses to the will, and promised Dr Quarles before he left that I would do so. Major Kinney has been appointed guardian ad litern of little Reed, in making up the issue. Can we try the case at this term or not? I would be glad if it could be done.
Your old friend Adam Bickle, Bob's father was buried to day. He died Friday morning very suddenly. He was buried with military honors, and an immense concourse of people today. Nick C. Kinney will not live more than a few days. He was thought to be dying on Friday evening, but rallied again. He has two immense tumours on his neck. They are [unclear: running] inside, and are doubtless cancerous, & will carry him off very rapidly. From all accounts, he will scarcely be able to live the week out. Poor old Nick! I feel sorry for him. He is by far the best man of the name. Jeff & old Billy will not be long in following him. John Ches. a son of old Billy died a short time ago of delirium tremers. They are all gone now except Charley Nick.
Staunton is pleasant now. The usual winter evening entertainments over a bowl of
oysters and a few friends have commenced. Week before last my father in law was
here, & was invited out to several dinings & suppers.
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By the way the old gentleman is disposed to do the liberal with me. He has
given us 5 negroes, and the offer of as many more as we may be disposed to have.
And one day whilst here we drove down the [unclear: McAdamized] road a
few miles. Mary called his attention to the Major Poage place, as one that I had
said I would like to retire upon. He looked at it as we drove down &
returned, & then said to me, if I wished it now, & would make
the purchase he would enable me to meet the payments. I thanked him &
told him, I did not wish to own a farm at present, nor until I was ready to quit
business. He has told Mary of his wish & purpose to portion her off as
soon as possible. His expenditures last year were very heavy-- over
$10,000--& have left him short of ready money, till he gets this years
crop to market, to do what he wishes. All this of course is between ourselves
strictly.
May writes in love to all of you, and had over & over a hundred times expressed the hope of seeing you and Coz. Liz in hour house this fall. Why cant you come this week.
Kiss Liz and the Youngsters, As ever Yr friend
J D Imboden
