OHIO STATEWIDE FILES - Lindsay/Stipp Debate #2 *************************************************************************** OHGENWEB NOTICE: All distribution rights to this electronic data are reserved by the submitter. Reproduction or re-presentation of copyrighted material will require the permission of the copyright owner. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. *************************************************************************** File contributed for use in USGenWeb Archives by Helen Silvey Helen_Silvey@macnexus.org http://jpaul.gwdi.com/silvey/ July 21, 1999 *************************************************************************** "his confidence was on the wane, and nearly all gone" when I inform you, that he was not absent from here more than six months out of the ten, that we were doing business together, and at no time more than five months. You will also perceive by his close attention to business, that the interest of the creditors has been this only wish that is not grateful & now disturbs his rest. From the time he came to this place first, until his return from his apple tree trade, he was of no earthly benefit to the firm in any particular, never being willing to wither attend to practice or adssist in the store, but took it upon himself to be a gentleman large. This is the same W. Lindsay that has manifested so much interest to secure creditors in their demands, and whose "condifdence" in me "had been on the wane for some time," while he was wasting his time and the money he borrowed, much to the prefjudice of our business. About the first of April last W. Linsay made his second appearance upon this part of the theatre cane in hand, much worsted in his means. On his return home, I requested him to comply with his contract and make his capital equal to mine, and then for the first time I learned that he was unable to meet his individual debts, and no prospect of his being able or willing to comply with his engagements to me. Under this state of the case a partner who would not labor for the interest of the firm, or who had not or was not willing to comply with his engagaments, I thought was worth but little to me, or any body else, and therefore propose to buy or sell out, divide the stock and debts, or if that could not be done, to wind up the concern and close the firm. To all these fair and reasonable propositions he thought proper to decline, and on the 12th day of April last under the solumnity of an oath, prayed for the court to grant him an injunction to say my "further meddling with the firm effects, that his only object was to secure the payment of our debts, and that there was sufficient firm effects to do the same and leave a large surplus for partners." The court granted his iniquitous prayer, by which you will perceive that our creditors prospects our good. A few days after the court appointed a receiver to take possession of the firm effects. In a few days, I was so well convinced that by this course not more than one debt of the firm would ever by paid, the effects consumed by the expenses of the course then pursuing and at the earnest solicitation and request of the council of Lindsay, I sold my interest to him for less than one-fourth upon the pledge and promise that the property of the firm would be held sacred for firm debts, and that in no event was W. Lindsay to sell or fraudulently pretend to sell the firm property, unless by consent of creditors. In my sale to W. Lindsay, he obligated himself to save me harmless from the debts of the firm. He (W. L.) complains of my informing creditors of his course and advising them to secure themselves. In reply to this charge of trying to injure him, the facts of the case will be my only defence. In less than 48 hours after I had disposed of my interest, which was upon the pledge of his attorney, for the faithful performance of his client, that the goods were to remain subject to the will of the creditors, Lindsay sells out to one Peter Smith, an irresponsible individual, a jack of all trades, such as a root doctor, preacher, cobler, shoemaker, farmer, and gun smith--an individual that is not nor never will be worth the powder that would blow the hair off his head--who has been for years unable to pay his debts, and is now some seven or eight hundred dollars behind; a stock of drugs and Glassware that would invoice Ten Thousand dollars, for the sum of Three Thousand, payable in four years without interest and security. What do you think is the character of the sale to Smith?-- Why I will tell you. The sale to Smith is a foul fraud upon creditors, and one that I have not the least doubt is not worth sixpence in law. Peter Smith no more owns the stock now in his possession, than his namesake Judge Peter the barber. An other low falsehood is stated by Lindsay, respecting the correctness of the books. This comes with a bad grace from him, after he "hooked" the books and kept them long enough in his ossession to make any altertions he liked or wished. I had been sick about six weeks before I sold out, and during that time, and until W. L. hooked the books, I had no control over them. If the books are not as correct as books generally are, they have been so made since they left my possission (sic). I am charged with recklessness in the management of the concern, to which I neither plead guilty or not guilty, but aver one thing, that I could have paid all the partnership debts with ease out of the debts due and stock on hand, but this did not suit the gentleman, as he was entirely unable to pay his private debts, and thought this the best opportunity to secure means to pay them. The charge that I was pressed for my individual debts is untrue, one he will knew to be false, and in no instance blended my private business with that of the firm, only when I made advances to pay firm debts. The "fairly inferential" about the "money drawer" comes with a poor grace from an individual wh had to open it as often as "my late partner" and some of his family, when either myself or any of the young men were about the store. If money was taken from the drawer in an improper manner, he would do well to make the first inquiry at his own house, and of his own self and others. These are matters that the public are not interested in, and I only name the circumstances to repel the base, cowardly, and dastardly manner in which the attack was made. None but a blackguard and midnight assassin, a slanderer and libeller, would condescend so low. I close by informing the creditors of the late firm of W. Lindsay & Co. that when I sold out my interest in the concern, there was stock on hand and debts due the firm to double the amount of debts owing. I offered to guarantee the payment of creditors, but no, that did not suit his design. P. Smith was to be his tool, to effect his purpose, and that purpose it is "fairly inferential," is to swindle creditors. Until the effects are assigned to secure the payment of the firm debts, I would urge creditors to push their claims. I urge it in justice to myself as well as them, believing that it is the firm determination of W. Lindsay and his tools, to swindle creditors out of their dues. More if required. GEO. W. STIPP May 14, 1838 P.S.--As it regards the virtues of the patent prepartions prepared by the late firm of W. Lindsay & Co., I have nothing to say at this time, only that Dr. Lindsay's Ague Medicine and Tonic for general debility, has "arsenic" in its composition. This appears to be the only article that he is willing to indorse and therefore I will let the community know a part of its composition. _________________________________________________________________ ____ The Indiana Journal, (weekly) 2 June 1838, p. 3 TO THOSE WHOM IT MAY CONCERN. "Facts speak louder than words" - Elijah "Facts are stubborn things" The false, libelous and slanderous publication over the signature of "George W. Stipp," in the Journal of last week, demands a few facts from a person who is totally disinterested. In presenting these facts to the public, it must be particularly understood that I have no motive whatever in taking either the part of Dr. Lindsay or of Dr. Stipp, excepting to let the truth on both sides be known. I further affirm that I have not been solicited or requested by Dr. Lindsay to give these statements, but on my own responsibility, fearless of any consequences. I do say and know, that his publication of last week is false, basely false, and well he knows it. But "facts speak louder than words." I will meddle with nothing but facts. I will take his communication from beginning to end as folows: 1st. He says, "About one year ago, at the repeated, urgent, and pressing solicitations of W. Lindsay and his friends, I was at an unguarded moment induced to give him an interest in my practice and drug store, upon the promise and belief that he would be able to put in a capital equal to my own, so soon as he could dispose ofproperty sufficient. "This is false. On the contrary it was at the repeated, urgent, and pressing solicitations of G. W. Stipp portrayed to Dr. Lindsay, that induced Dr. Lindsay to join him partnership. These facts can be proved by referring to letters from Dr. S. to Dr. L. 2d. He says, "W. Lindsay on the 3d day of last June, put in as capital, an assortment of old drugs, patent medicines, &c. to the amount by himself invoiced of $600. (Dr. Stipp in his calculation entirely forgot to mention Dr. L's credits, and some 3 or $400 cash loaned him (S.) for his individual use.) This is false. Dr. L. invoiced his goods at Richmond at the time he packed them up to remove to this place. He invoiced them so far only as to take a memorandum of the goods, without setting any prices to them. They were opened here and compared with the memorandum by me, and I know this memorandum to be correct; it was rather dimished than increased. They were then entered in the invoice book by Dr. Stipp--Valued and priced by him, (excepting a very few articles that Dr. Stipp was not acquainted with the value of.) Without saying how correctly it was done by Stipp it amounts to $1353. [1833?] 3d. He says, "Lindsay has drawn from the concern since that time about $500 in case." This is false. All the cash received from the concern by Dr. L. and his family, does not amount to $265. 4th. He says, "I had on hand a new and well selected assortment of drugs, paints, &c. a stock at eastern costs and carriage of the value of $2,150." This is false. As to the quality of his stock. It was no better, and I believe much inferior to Dr. Lindsay's. His (Dr. S.'s) invoice according to his own prices and arrangements, does not amount to the sum he represents it to be; and let me assure you, his invoice is false, basely false. In many cases he entered the same item twice, and in some cases he invoiced articles that was not in his stock. Had these been made his stock would have been in value much under Dr. L.'s. 5th. He says, "cash put in by me since that time about $1200." This is false. It is true the books would show credits in his favor to a considerable amount, but much under the amount he presents it to be. But how were those credits obtained? Has he not in several instances borrowed money, and gave W. Lindsay & Co.'s notes for the same, and then gave himself credit for the same money put into the firm by himself! He has given himself credits by transferring accounts from the books of Stipp and McCarty to the books of W. Lindsay & Co., and since selling out his interest to Dr. Lindsay, he has had those same accounts from the books of Stipp & McCarty. 6th. He says, "I have blended my private transactions with the firm is true, so far as advancing money to pay firm debts, and no further." This is false, positively false. He has settled his own debts, and he has settled debts of Stipp and McCarty by giving notes of W. Lindsay & Co., and never charged himself with the same. Since he sold his interest to Dr. L. he has settled firm accounts and given receipts in the name of w. Lindsay & Co. 7th. He says, "I had no control over the books for six weeks previous to the time the injuncction (sic) was laid," (which was on the 12th day of April.) This is false. The books will show his own hand writing up to the evening of the 11th day of April. 8th. He says. "If the books are not as correct as books generally are, they have been made so since they left my possession." It is true that the books are basely false, and it is equally true that G. W. Stipp has made them so. As to any insinuations that Dr. Stipp made in regard to Dr. L. and his family fraudulently meddling with the money drawer, they are without the slightest foundation. As regards the charge of fraud against D. L. in disposing of the establishment to Dr. Smith, I can say that I believe it to be a bona fide sale, and also believe it to be sold under existing circumstances at its value. From the recommendation which I received of Dr. Lindsay at Dayton, before ever seeing him, and from an acquaintance since the connexion (sic) of Dr. L. and Dr. S., (I having been in the establishment during the whole time of this connexion,) I consider it due to the character of Dr. Lindsay to say that I believe that he acted with the most honorable and pure motives from the present and ultimate benefit of creditors. At a Forced sale, the establishment probably would not have realized one thousand dollars, and it was Dr. Stipp's determination that sales should be forced. He has expressed himself to me in these words, "I will get some persons to push their claims and have the hole stock sold under executions for cash. I will them have a person to buy it for me (Stipp) then we will see who will pay the debts." On the subject of Dr. W. Lindsay's Tonic Prepartion, a more injurious and unprincipled act, Dr. Stipp could not have been guilty of, than the charge he has made with regard to it. It is well known by the profession, that there is a preparation known by the name of Fowler's Solution, "which has been an efficient prepartion and has had and still has the confidence of the Profession as a valuable medicine as a tonic, and particularly in the treatment of ague, chills and fevers &c. Dr. W. Lindsay's formula or recipe, as given and left by himself on starting to the South last fall, did not call for this or any other preparation of the mineral, but Dr. Stipp took the liberty to add a small portion of Fowler's Solution, on his own responsibility, and without Dr. Lindsay's consent or knowledge. But out of respect to Dr. Stipp's character (bad as it is,) I should hope he made this addition in full faith and belief that it would be an improvement. Should this statement of the case be doubted, I have a copy of the recipe presented by Dr. Lindsay, above referred to, which "as facts speak louder than words," will show for itself. And this is the very same Blixam Doctor that never done anything but what was honest, just, and right, both in the eyes of man and in the eyes of the law.--More if required. D. CRAIGHEAD June 2, 1838 N.C. If any further proof shoud be wanting, as to the truth of the above statements, books and papers can be produced, together with the evidence of those with whom he has settled firm accounts, and applied the same to his own use. I do hereby certify that there was no appearance of any alterations having been made in the books of Wm. Lindsay & Co. whilst in the hands of Dr. Wm.Lindsay. Indeed I am perfectly satisfied in my own mind, that any suspicion of the kind is entirely without foundation, and was prompted by malice alone. G. HOLLAND June 1, 1838 _________________________________________________________________ ___ Richmond Palladium 10 Oct., 1840, p. 3, col. 2 DIED-On Thursday evenng last, in this city Mrs. Lindsey, wife of Dr. Wm. Lindsey. _________________________________________________________________ ___ After the death of his dear wife Dr. Wm. Lindsay and his family moved back to Ohio where he could be near his very supportive family. Mrs. Lindsay was Rhoda Allison Smith daughter to Dr. Peter Smith, b. 1753 N. J. and Katherine Stout, b. 1760 N, J. Helen Graham Silvey Helen, Sacramento