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Henry L. Clinton--Lawyer.
John Collins, Jr.-Witness for Carlin.
MOURNERS, ETC. All of the above, and the proprietor of the stable, who lost the custom of
. the “Old Hoss,” when he died.
An old Gray Horse, with a bob tail, (who will die on the stage during
DURING the litigation that has induced me to publish the following pages, I have often been told by my friends, as well as by those learned in the law, that the public will not care a snap for its details, or for the principle which they illustrate. This argues a selfishness to which I am not willing to subscribe. There is a certain duty which we owe to society, that in my opinion, is among the most important required to be performed by us for the wellbeing of all, namely, consideration for others. I admit that it is a virtue too rarely to be found, but it is nevertheless a duty that we all owe to each other as common members of the same human family.
If this be not so, of what utility are the laws, if not for the purpose of restraining those who are wanting in that consideration ? Without laws to restrain the thoughtless, (to call them by no worse name,) where would be the protection to right, property, and to life itself ? Have we not constant examples of consideration presented to us every moment, in the boundless blessings that are showered down upon us by a kind Providence, as well for the enjoyment of the evil, as the good ?
There are, undoubtedly, many who will coincide with my learned friends, but I think there will be others who will take the trouble to look over these really interesting proceedings, and who will gain a great deal of instruction and information of men, laws, and the manner in which those laws are administered in the city and State of New-York, and that they will find some of the correspondence rather peculiar.
Those who take the trouble, will not suffer any pecuniary loss, and those who do not, can receive no injury. For it will be like advice that is not taken, it can do no harm. It will, however, teach one thing—the effect of industry, perseverance, and determi
nation, all of which will be found necessary to obtain justice in this city, and that
“Truth is mighty, and will prevail.” The pecuniary amount originally involved, was very small; but the principle contended for has been termed by the Governor of the State of New-York, “ one of much importance,” and by the Recorder of this city,“ one of grave import.” It is this—whether the People can rely upon the protection of their laws, and their due administration? or whether they must take their stand, revolver in hand, to protect themselves from the aggressions of public officers, when they, in their official capacity, attempt to abuse the powers confided to them, by robbing the people of their rights and property contrary to law ?
I have expended much time and money to test this principle, and to ascertain whether the protection of the laws can be relied on or not. The result of my efforts will be found in these pages.
The “Old Hoss” will tell his own story up to the time when it becomes complicated ; and, as I have had more experience in legal matters than himself, I shall take it up where he leaves off.
If the public derive any benefit or instruction from the perusal, I shall be pleased. If not, I shall feel the satisfaction of having done what I have considered to be my duty.
The reader can easily pass over any remarks of my own, if he has no desire to read them, and turn to the legal proceedings, arguments, and speeches of counsel, and the trial of Carlin; all of which I think he will find very interesting. On the one hand, this publication will be valuable as a precedent to those who have the will to uphold the laws, and the time and money to expend for the promotion of public justice; and on the other hand, an example of what they will have to contend with, if they have the temerity to tempt, and the fortitude to
“Bear the oppressor's wrong, the law's delay,
The insolence of office," &c. I shall not venture to advise my friends “which of the two to choose,” but leave it entirely for their own consideration.
THE HORSE STORY.
“I could a tail unfold,
But I shall do nothing of the kind. I will start off at my best gait, by stating, that I am not one of the Horses that have been so frequently mentioned by G. P. R. James, Esq., at the commencement of his novels, although I am getting to be as celebrated, or rather notorious.
I am a Gray Horse with a short tail, twenty-two years of age, (perhaps a little more), have some good points, a good disposition, will stand without tying, and if I am well taken care of, can get “over the road” as fast (to say the least) as many young Horses who make more pretensions than I do. In short, I am what would be styled by the “knowing ones” a good “family Horse," and like my present master, when occasion requires, am “rather hard to beat.” It is not necessary for me to detail the early part of my life, previous to my becoming the property of John Collins, Jr.
On the 1st day of July, 1855, I was the property of Capt. Curtis Peck, one of the proprietors of the Neptune House, at New Rochelle, West Chester Co. On that day he made a trade with John Collins, Jr., (son of E. K. Collins, Esq.,) as follows:-Four hundred Dollars and myself thrown into the bargain, for a pair of Bay Mares, Wagon, Double Harness, Blankets, Harness Closet, &c. The four hundred dollars was to be placed to the credit of John Collins, Jr., on the books of the Neptune House, on account of board, which, as I am informed, was accordingly done. Collins gave Capt. Peck an order, signed by himself, on a stable-keeper in New-York for the
Harness Closet; on which order it was obtained by Capt. Peck. I was delivered to Collins in the stable of the Neptune House, where I was left standing for at least a fortnight, without even a sheet to keep the flies from biting me; and without any exercise, except when I was led a few steps from the stable to drink. I became quite ill from this inattention, and it was necessary that I should have medical attention, and nursing. Mr. Arthur T. Jones (who it seems had known me for several years) was a guest at the Neptune House at that time, and kept two Horses in the same stable with myself. His ostler told him one day, what a situation I was in, and how shamefully I was neglected. He took pity on me, and spoke to Collins about it. In the course of the conversation he came to the conclusion that Collins did not care much for me. Mr. Jones then told Collins, that although he had no use for me, and did not want me “more than the sea wanted water,” yet rather than I should be left in suffering, and without care, he would give him one hundred and fifty dollars cash for me. Collins declined the offer. Mr. Jones then told him that, rather than I should be neglected, he would agree to pay for my keeping, and have me cared for, and that when Collins said the word, he would deliver me up to him, and whenever he wished to give me up himself, he would do so. But while I was under his charge, Collins was to have nothing to do with me. To this arrangement Collins agreed. Mr. Jones then came into the stable and gave his ostler directions. I was immediately provided with a new halter and sheet, my feet were stuffed, and I took medicine from day to day till I was able to go out, when I was taken to the blacksmith in the village, and provided with a pair of properly fitted shoes. The ostler took the greatest care of me, and Mr. Jones used to treat me as kindly as he did his other Horses, and gave us all a few lumps of sugar every day. We became so accustomed to this kind treatment, that when we heard his step we pricked up our ears and stepped on one side in the stall, that he might have room to come and give us our sugar. This, to unkind and suspicious people, I allow, would look