ainst one Evans, charging him with
passing counterfeit money. In May, 1878, he was tried upon one of said
indictments and the jury failed to agree. Thereupon the prisoner entered
into two recognizances in the sum of $5,000 each, with W.R. Evans and
William Tinder as sureties, conditioned for the appearance of the
prisoner Evans at the next term of the court, in November, 1878, for
trial upon said indictment. Before that date, however, the prisoner fled
the country and failed to appear according to the condition of his bond.
In the meantime William Tinder died and H.B. Wilson was appointed his
administrator.
Suits were brought upon the two bail bonds, and, the liability of the
sureties not being admitted, the suits were tried in March, 1880,
resulting in two judgments in favor of the United States and against the
surety Evans and the estate of Tinder for $5,000 each and the costs.
Soon thereafter an application was made by the administrator of the
estate of William Tinder for relief, and an offer was made by him to pay
$5,000 and the costs in compromise and settlement of the liability of
said estate upon said two judgments.
These judgments were a preferred claim against the estate, which was
represented to be worth sixteen or eighteen thousand dollars. The other
surety, Evans, was alleged to be worthless, and it was claimed that
neither the administrator of the Tinder estate nor his attorneys had
known the whereabouts of the indicted party since his flight, and that
some time would elapse before certain litigation in which the estate was
involved could be settled and the claims against it paid.
It was considered best by the officers of the Government to accept the
proposition of the administrator, which was done in June, 1880. The sum
of $5,099.06, the amount of one of said judgments, with interest and
costs, was paid into the United States Treasury, and the estate of
Tinder was in consideration thereof released and discharged from all
liability upon both of said judgments.
Thus was the transaction closed, in exact accordance with the wishes and
the prayer of the representative of this estate and by the favor and
indulgence of the Government upon his application. There was, so far as
I can learn, no condition attached, and no understanding or agreement
that any future occurrence would affect the finality of the compromise
by which the Government had accepted one-half of its claim in full
settlement.
It appea
|