The checks drawn before the power of attorney was presented by Roberts to the bank were new to Mr. Brown. He was surprised by his exact signature to these, and the filling out of some of them as well, in his own handwriting apparently. But sure he could not remember ever giving one of them.
"Do you think," said the bank president, who understood the situation of things if these should all prove forgeries, and wishing to save the bank from loss,—"do you think sometimes, Mr. Brown, that your memory fails you at all as you grow older?"
"O, yes," said the honest old man, "I do. I find I forget a good many things. Well, well; have I come to this?"
What occurred thereafter, would be wearisome to recite in detail. Suffice it that search was made for Wentworth, the witness, by both Mr. Brown and the bank; but he was not to be found immediately. His signature was shown to several persons who knew his handwriting, and all declared it his. Roberts, in some way, got wind of the old man's having visited the bank, and he, too, was not to be found, and so matters stood for a while.
At last it was found out that Wentworth, who had a pretty good farm, which he worked only a part of the year, and occupied himself as a pedler, with a wagon, through quite a large circuit of country the rest of the time, had been taken to the Insane Retreat, at Hartford, Conn. His "team" having been run into and capsized one night on the road by another "team" furiously driven by some drunken men, Wentworth being violently thrown against a large rock, head foremost, and receiving such injuries as quite severely damaged his mind. He, therefore, could not be "improved" to determine whether his signature was veritable or not.
Mr. Brown had, meanwhile, persuaded himself that the "power of attorney" was a forgery; that he had not suffered any such mental weakness at any time as would have allowed him to give such an instrument to Roberts. In fact, he knew that it was a forgery. Great though his grief was over the heartless conduct of Roberts, Mr. Brown could not make up his mind to tell his wife the facts. She noticed his sorrow, which he, upon her frequent inquiry, attributed to bodily ills, and time went on. Eventually Mr. Brown made up his mind that perhaps he ought to be willing to bear a part of the loss; and after consulting his lawyer about it, went to the bank, and generously offered to compromise; to lose half his deposit, if the bank would pay him the other half, or sixteen thousand five hundred dollars. But the directors seeing the advantage they had of him, refused to entertain his offer for a moment, affecting to believe the drafts and power of attorney genuine.
At last Mr. Brown broke the matter to his wife. She was struck with horror; but in the end counselled him to let it all go, inasmuch as they had enough left to "scrub along on the rest of their lives," as she expressed it, with economy. But the manner of his old friend, the president, when announcing to him the course taken by the directors, had greatly piqued Mr. Brown, and he was determined to have all his money at last. The great legal difficulties in the way were, however, insurmountable in the opinion of his attorney, who had exhausted his own resources in trying to get the proper testimony to set aside the power of attorney, and finally Mr. Brown had applied to me.
I had heard his long story with greatest patience, seeing nothing tangible up to this point to take hold of. Wentworth might not recover in years, if ever; Roberts was out of the way, and would, perhaps, never be found. All his neighbors would identify Mr. Brown's signatures as veritable, and he himself had admitted to the bank president, on the day of the disclosure of his claimed indebtedness, that he found himself frequently forgetful; and had half admitted that he might have been led to sign the power of attorney in some hour of weakness. The case was desperate. I pondered it over a while, and finally asked Mr. Brown if he could give me the date of the power of attorney. He could not. I asked him then to go to the bank with some friend, and ask to see it, and note the date; telling him that this was the first essential thing for me to know. Before Mr. B. left my office, I had planned a course of operations, all of which I did not develop to him, however. In the course of a few days Mr. Brown sent me a letter, saying that the date of the instrument was the 26th of June, 185-. I turned to my diary for that year, and found where I was on that day,—at Coney Island, with quite a large party, who went down on the excursion steamer Belle, early in the day, and were gone all day; and, as I knew Roberts very well by sight, I was sure that I remembered his being there that day. Light began to gather in my mind. Perhaps Mr. Brown, too, could remember where he was that day; and I sent for him, told him what I wanted to know; and he was sure, on reflection (as was afterwards found certain), that he was visiting, during a week which covered the 26th of June, with his wife, some old friends at Danbury, Connecticut. So much being learned, I lost no time in hunting up parties who were at Coney Island that day, and established the fact, beyond doubt, that Roberts was there.
Next I turned my attention to Wentworth's case, and found that he was at Philadelphia that day, and the day before, making some purchases; and also found a letter from him to a brother, dated at Pittsburgh, Pa., on the 29th of June, in which we found a statement to the effect that he had left home on the 24th of June; had been in Philadelphia for a day or two; had gone from there to Pittsburgh, and should be "back about the 4th of July." We also found a man who had come on from Pittsburgh to New York with Wentworth on the 3d of July, and who had met him there several times a day, and for several days before. Armed with these facts, we went to the bank, and presented our evidence frankly, and were surprised at the officers' then refusing to pay over the money.
Suit was brought by Mr. Brown for the recovery of his money, and the bank undertook to keep it in court, thinking to weary out old Mr. Brown, and effect a compromise, perhaps.