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1867
Fee, Mullen, Mullin, Murdock, Nolan
Court Affairs. Twelve Can Guess Better than One. Common Pleas. Before Judge Murdock. David A. Cambell vs. The Adams Express Company. -- This was an action to recover $100 left with Mr. Nolan, At Chilo, Clermont county, Ohio, in November 1866, to be forwarded to the plaintiff at Hudson, Ill., but which failed to reach its designation.
It appeared from the testimony that the package was sent from O. P. S. Fee, of Felicity, by one Jas. Mullen, a hack driver, in an ordinary sealed letter envelope, to the agent of the Express Company at Chilo. The agent there at first objected to receiving the package sealed. He wanted to see the money not on account of any instructions from the Company, but to satisfy himself. Mullin assured him that the money was in the envelope as he saw it inclosed. Nolan then took it and put it in a safe place until the next day, when he delivered it to the messenger of the Adams Express Company aboard the steamer Magnolia. This man, a few hours afterward, sealed the package, and in this condition it was delivered ot the plaintiff in Hudson, Illinois, but no money was in the envelope.
When this state of fact was developed, the Court arrested the proceedings, saying that, as it was in evidence that the money was placed in teh envelope, the envelope sealed and given to Mullin, who swears he took it intact to Nolan. Nolan swears it was given by him to the messenger, without being disturbed. The messenger says he sealed it, and in this condition it was received, but the money had been abstracted. The Court was utterly unable and unwilling to guess where the fault lay, and would place the responsibility on the broad shoulders of twelve good and lawful men. The case was sent to a jury.
[1867 Nov 13 - Cincinnati Daily Gazette, Ohio]
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