The agent then left with the Marshal, and all was done precisely as directed. That the Philadelphia merchant was pleased with the turn things had taken need hardly be added.
Next day, at ten o'clock, the Philadelphia merchant, the agent, and about a dozen friends of the agent, including the secession lawyer heretofore spoken of, appeared at the court-room. When all the police cases had been disposed of, the court said it was now ready to hear the civil case, in which, upon the court record, Mr. G., of Philadelphia, was named as plaintiff, and Mr. T., of Alexandria, as agent for Mr. S., was named as defendant.
Mr. G. arose, and said that he had no attorney to represent him in this case, and that he was himself wholly unacquainted with court proceedings, and did not know even how to take the first step. He begged to inquire of the court what was needed to be done upon his part?
The Judge replied that the first thing required of him was to prove his claim against Mr. S., beyond any reasonable doubt. To do this he must produce his original books of entry, and prove by the one who sold the goods, or by some one who knows of their delivery, that the goods charged in the original entry were actually sold and delivered to Mr S., and then you or some one else must, under oath or affirmation, satisfy the court that they have never been paid for.
Mr. G. replied that all this could be done if a few days' time could be given him; that he had not brought his account-books with him, nor was the clerk who sold the goods present. He could himself at once make affidavit as to the correctness of the account, and to the fact that it had never been paid, but beyond this he could not go until he could send to Philadelphia for his books and clerk; that he could have his books and clerk present if the court would adjourn the case for two days.
The court said that, under the circumstances, it would be entirely proper to grant the adjournment asked for by the plaintiff; but, to justify the Marshal in longer retaining the goods, the court would require Mr. G. to make a written state-of-demand against Mr. S., setting forth the nature and amount of his claim, and the fact that the claim had never been paid in any way, and was now justly due and owing to him. To this he must set his name, and then make affidavit that the statement is true. Upon this, as _prima facie_ evidence of the claim, the court will direct the Marshal to continue possession of the goods until the case can be heard. The court asked the defendant if he had any objection to an adjournment, or to the course of procedure proposed, to which he answered that he had not; whereupon the court adjourned the case for two days.