OHIO STATEWIDE FILES - Lindsay/Stipp Debate #3 *************************************************************************** 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 *************************************************************************** Clippings re the Lindsay/Stipp debate were culled from the Ind. newpapers by Katherine Mandusic McDonell, Editor of "The Journals of William A. Lindsay" published 1989 by Indianapolis, Indiana Historical Society. They were forwarded to the submitter, Helen Graham Silvey, who is a great granddaughter of William Lindsay, M.D. August, 1998 _________________________________________________________________ ___ The Indiana Journal 21 April 1838 COUNTERFEITERS DETECTED Wm. Lindsay & Co., apothecaries of Indianapolis, have been detected imposing upon the public a base counterfeit of the "GARDENER'S LINAMENT." The external appearance of their preparation is even cxalculated to deceive, being a fac simile to the genuine. The only mode of detecting the counterfeit is the want of the signature of James C. Glascoe, of the firm of Glascoe and Harrison, written on the wrapper, and a stamp of the Lion and Mortar on the seal of the bottle. The Genueine Gardner's Linament is prepared only by the subscribers, as the following certificate will show. Note-I hereby certify that I have sold to Glascoe & Harrison the only Genuine Recipe for manufacturing "GARDNER'S CELEBRATED VEGETABLE LINATMENT," (as prepared by my husband Jas. Gardner, who is now deceased,) and I also certify that none else have any knowledge of the recipe but them. They, therefore, are the only constituted and authorized proprietors. MARY GARDNER ............................ _________________________________________________________________ ___ The Indiana Journal, (weekly), 12 May, 1838 INDIANAPOLIS, 7th May, 1838 TO THE PUBLIC, AND MORE ESPECIALLY TO THE CREDITORS OF THE LATE FIRM OF W. LINDSAY & CO. It would be uesless longer to conceal the truth of the matter that I am unable at the present time to pay the debts against the late firm of W. Lindsay & Co. which I frankly acknowled I agreed to do on purchasing out the interest of Dr. G. W. Stipp, my late partner, a few days ago. From the time my writ of injunction was laid on my late partner on the 12th April, until sustained by the court on the 2d day of the present term, he has shown by his acts, as well as public declarations, that he intended to do everything in his power against the concern and to hasten my entire ruin. On purchasing him out I had a hope that if creditors would be indulgent I should be able to continue the business; and so soon as an invoice should be taken, then in a state of progress, it was my intention to have addressed a circular to the creditors of the late concern, giving an exposition of the amount of the debts as nearly as could be ascertained from the irregular and deranged state of the Books, including the invoice of stock on hands, together with the probable amount of available debts owing the establishment; proposing that should they wish it, they or I would appoint a receiver, either to go on, or to wind up, as should be deemed most advisable. Unfortunately for my interests, confidence, which had been on the wane some time, now seemed entirely gone. And Dr. Stipp under the mask of pretended friendship to creditors, but really to be avenged on me for preferring the writ of injunction, had taken great pains to increase the general panic, and urged them at every corner of the street to rush on the concern and secure themselves which they might, or should have it in their power, and almost with the same breath, made his boast that when my drugs were under the hammer, he would have friends who would purchase my whole stock for him with a few hundred dollars.--To have assigned at this stage of my difficulties seemed to me to promise speedy destruction, as now there were already judgments, executions and claims in a train for collection, sufficient to have sacrificed my whole concern:--so to prevent a complete crash I had sold out--believing that in time as the notes become due (having sold on time,) I shall be enabled to do much more towards meeting liabilities than in any other way. To me this is a sad reverse of fortune. Only twelve months ago I was at Richmond in this state, and owned a fine property there, where I had for several years sustained myself in a general practice, and had acquired a reputation as a surgeon, particularly. My road to ease & Independence seemed clear. When I left, to say my prospects there would warrant the net sum of $1000 a year over & above meeting the current expenses of a large family, I feel confident my friends at Richmond would readily admit was rather under than over the pounds of probability. It was held out to me by way of inducement to come here that the liberal business of something like $20,000 a year might be confidently anticipated, in the sale of drugs at liberal profit.--And that a much more profitable practice in the profession might as confidently be anticipated with Dr. Stipp, than I had been doing in Richmond. As it regards my individual or private debts they fortunately do not amount to much. And I feel confident that I shall be able to meet them, but for these I shall have to ask for some further indulgence. And if this meet the concurrence of this class of creditors the favor shall be duly appreciate. As fast as collections can be made by my agent. Mr. G. B. Holland, all debts shall be met as far as can be done. I feel conscious of having done the very best I could. And with the purest intentions of making the very best disposition in my power of my Drug Store, for the ultimate benefit of creditors, I have disposed of it. I have sold out my stock of drugs to Dr. SMITH, who is now associated with me in the practice of the profession. Dr. Smith from his industry and perseverance, and having retained the services of Mr. D. Craighead, a young man of moral worth, and eminent qualifications as a practical druggist, and as an accountant, will, I feel confident conduct the establishment well. And I have every confidence that Dr. Smith will be enabled to meet his paper as it falls due. As it regards my failure, I should hope for some extenuation and indulgence, as least among my acquaintances here at home, from the fact that this state of things has been induced by the reckless manner of my late partner in managing the last firm concern; who in conducting the business seems to have acted out his doctrines or principles which I have heard him avow, viz: that it was more honorable to fail in an attempt to make a fortune on a large scale than to succeed, or do a safe business, in a small way. On purchasing out the interest of my late partner as he had kept the books, I was quite at a loss and uninformed what the amount of the liabilities were. And as before hinted the books do no show, neither does Dr. Stipp pretend to know what the debts are. At one time he has put tham at $4000, and again at $5000, or between that and $6000. So much for his abilities as an accountant and book keeper. I now appeal to my agent, Mr. G. B. Holland, for the truth of my assertion, that the books in many instances show great irregularity and are grossly incorrect. And it happens to be the fact that all the errors are in his own favor. Ana and idea strikes me very forcibly which at least appears to me to be inferential, that if he had made as many blunders over the money drawer, as have come to light in the matter of keeping the books and converting firm debts to his private and individual interest without having charged himself on the books, it is not a matter of much surprise that the establishment should fail. On commencing business with him, I proposed that a cash and sale book should be kept, but in this matter, as in many others, he overruled me. His reply was "that it would be too much trouble." He might have said that it would not suit his convenience. From the commencement of our partnership he was all the time pressed for cash to meet his private debts. And his individual matters are in some instances blended with those of the late firm in such a manner that to say the least of them, they appear grossly suspicious. I might say "above suspicion." The large way in which he went into the preparation of medicines, and certain preparations last winter, during my absence from home, is one great cause of the failure.And so far as merit or demerit may be chargeable for the preparation of an article, for which I am held up to the public in a somewhat responsible and degrading light, he not being known in the firm of W. Lindsay & Co., Dr. Stipp is entitled to all the credit or odium consequent. I have ever given my voice against infringing on the rights of others in preparations of this character. AND I DO MOST POSITIVELY AND UNEQUIVOCALLY DECLARE THAT I HAVE NO PERSONAL KNOWLEDGE OF THE COMPOSITION OF ANY PREPARED IN THE ESTABLISHMENT, OTHER THAN THAT OF MY TONIC PREPARATION FOR GENERAL DEBILITY AND CURE OF AGUE, CHILL, AND FEVER &c., BEYOND THOSE OF OFFICINAL, OR FOUND IN THE USUAL FORMULARY OF THE DRUGGIST AND IN THE DISPENSATORY OF THE SHOPS. The bragadocio letter written by G. W. Stipp to Glascoe and Harrison of Cincinnati, which was first published in the Cincinnati Gazette, over the signature of W. Lindsay & Co., and under the heading of "Frankly Admitted," or "Acknowledged," and going the round of the state, was written without my knowledge or agency. As was the controversy growing out of it, including the scurrilous communication which over the late firm's name made its appearance in the Journal week before last. The liberty taken by G. W. S. to write these communications under the late firm name of "W. Lindsay and Co., was entirely unwarrantable. It is a duty I owe many of those in arrearages with the late firm of W. Lindsay & Co., to state that no settlements made by G. W. Stipp, are of any validity or of legal force since the period of my serving a writ of injunction on him, vis: the 12th of April last, although he may, as has been detected, have dated his receipts back. On purchasing out his interest in the late firm the books were transferred to me; and all the debts which claim due the late firm must be collected without respect to persons. Claims that individuals may have against G. W. Stipp alone, will not be admitted as on offset against firm debts. W. LINDSAY ma 12-30 N.B. Since purchasing out Dr. Stipp's interest in Drugs, and the Books, I find the establishment not worth any thing near what he represented it to be worth. And if certain offsets claimed, he allowed, the books will fall far short of being worth their face, as he has converted a great many of the best accounts to his private benefit, and the payment of his individual debts. _________________________________________________________________ _ Indiana Journal May 19, 1838, p. 3, col. 4 NOTICE All persons indebted to the late firm of Wm. Lindsay & Co., either by note, book or otherwise and also those having medicines on commission, deposite (sic), or otherwise, are all hereby cautioned against settling their accounts with Dr. George W. / Stipp The said G. W. Stipp has been detected in settling accounts of the firm of W. Lindsay & Co., and placing the same to his individual benefit, notwithstanding he has sold his entire interest in the drugs, tools, notes and all his interest in and belonging to the late firm of W. Lindsay & Co. There has been no notes belonging to the firm, given up by Dr. Stipp; nor has there been any satisfactory account given of them./ All those interest will be on their guard. I have sold the whole stock of drugs and medicines to Dr. P. Smith including all the medicines that are distributed on commission or deposit, that were not sold on the 5th instant. Those who may have medicines on commission, will please make out lists of the articles now on hand, and forward them to Doctor P. Smith, as all sold by them previous to the 5th instant, will be placed to my credit, and all sold after that, none to the credit of Dr. Smith. Indy May 19, 1838 May 19, 1838, p. 3, col. 4 (immed. under Dr. Lindsay's "NOTICE') CAUTION The public are cautioned against purchasing a promissary note given by me to George W. Stipp for #650, dated 30th April 1838, payable to the Indianapolis Branch of the State Bank of Indiana, one year after date, as the note was obtained by said Stipp by fraud and misrepresentation. The note on the face purports to be made by me to James Morrison, and was by him endorsed in bank to Stipp. Mr. Morrison in the transcation was and is really only my security, and had, nor has any interest except as such security. The note was made in consideration of the sale by Stipp to me of his interest in the drug establishment of Wm. Lindsay & Co. to which he was a partner, and his transfer of the books, accounts, notes &c. of the firm. Stipp, at the time of the giving of the notes, represented the accounts on the basis to be correct; whereas it now appears that he had in numerous instances changed the firm with what it never had, and in as many other instances received from debtors to the firm the amount of their accounts, without giving any credit. The avails he has applied to his own private purposes; and as our settlement, and the giving of the note in question was based upon the faith of his representations, that the accounts on the books both against the firm and its customers were correct, and he having been the bookkeeper, and as errors (and palpably fraudulent ones) have been already discovered to more than the amount of the note of $650, I am determined not to pay a cent of it unless coerced by law. W. LINDSAY May 19-31 _________________________________________________________________ ___ The Indiana Journal, 26 May, 1838 TO THE PUBLIC, AND THE CREDITORS OF W. LINDSAY "Facts speak louder than words" The false, Libelous and slanderous publication, over the signature of "W. Lindsay," (a "surgeon of some celebrity,") in the Indiana Journal of the 12th inst., demand a few facts and passing remarks in self defense. With W. Lindsay's private character, his prospects at Richmond, or any other place, I feel no disposition to meddle, as they did not appear upon the invoice he exhibited, of his effects, that were put in the firm of W. Lindsay &Co., and therefore never meddled with, or thought them worth invoicing. And I would not notice him even now, were it not for the purpose of exposing his faudulent transactions and further, to convict him of willful falsehood, and vile slander. His pathetic appeal to his creditors for indulgence, effects me not, and if they think proper, after all the evidence of fraud, that is manifest in the disposition he has made of the firm debts, I am sure I am contented. The communication separate from vanity, egotism, and falsehood is mere flemmery, in which the public nor creditors can have any interest whatever. This man (W.L.) is surely his own worst enemy, and appears determined to make himself supremely ridiculous and highly notorious. the history of this (to me) unfortunate partnership, I feel well assured, will afford but a dry morsel to many, but to put things in their proper light, a short and succinct statement may not be uninteresting to some. About one year ago at the repeated, urgent and pressing solicitations of W. Lindsay and his friends I was at an ungarded moment induced to give him an interest in my practice and Drug Stone, upon the promise and belief that he wuld be able to put in a capital equal to my own, so soon as he could dispose of property sufficient. How well that promise was fulfilled the sequel will prove. W. Lindsay on the 3d of last June put in as capital an assortment of old drugs, Patent Medicnes, furniture and "Davy Crocket Toothache Drops" to the amount as by himself invoiced of $1,600 and drew from the concern since that time about $500 in cash, which was charged when known, blunders over the money-drawer, excepted. At the same time I had on hand in a new and well selected assortment of drugs, paints, &c. a stock of eastern cost and carriage of the value of $2,150. Cash put in by me since that time upwards of $1200, and house rent, boarding and other means, to the value of about $1000, making the amount of my investment about $4,350, and I have drew from the firm about $900, leaving balance in my favor of, over that of W. Lindsay of upwards of $2,350. You will perceive by this statement that all the interest W. L. had in the firm was only $1100. To have made his capital equal to mine, he, would have had to advance the sum of $2,350, which it appears from his own honest confession he was neither able or willing to do, for he frankly admits that he is not able even now to pay his private debts, which I have no doubt is true. That I have blended my private transactions with the firm is true, so far as advancing money to pay firm debts and no further. Sometime last Nov., "an idea struck him very forcibly," (and its well for his brains there was only one) that he could make money by retailing apples and apple trees in the south part of Arkansas Territory and off he put on a wild goose chase with a cargo of appletrees and apples, to make his fortune. In this hazardous business he employed what little individual capital and credit he had, much to the injury and prejudice of our joint business. I used my endeavors to dissuade him from it, but all to no effect. You will perceive by the attention and watchfulness of W. Lindsay, to the business of the firm, that Helen, Sacramento