University of North Carolina (1793-1962). General Faculty
Files &c.
No 1.
March 19. 1799
Sometime about the first of February last, the undersigned
Fleming
Saunders &
Marmaduke Baker deposited a certain sum of money in
Mr
Thomas Benton’s
trunk, the key of which said
Benton
,
at all times carefully kept in his own possession. About six or eight days
after the deposit had been made, the undersigned
Saunders applied
to
Benton
for some money,
Benton
opened the trunk
& the undersigned
Saunders taking hold of his purse immediately
exclaimed, that some of his money was lost. This exclamation he was induced
to make from a conviction that both the size & weight of his purse
was considerably diminished.
Benton
appeared to be much surprised at this
declaration, & began to move his cloaths in the trunk, by the
moving of which several loose Dollars were discovered, but these were not
sufficient in number to make the sum which was lost. Some short time
afterwards said
Saunders recommended to the undersigned
Baker to examine
whether any of his money was also lost. The undersigned
Baker
accordingly
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examined & declared
that he also had lost a few Dollars. This declaration appeared to add much
to
Benton’s
surprise & uneasiness.
As the money had been deposited in
Benton’s
own trunk the
key of which he kept with remarkable carefulness, the undersigned thought
that he must know something about the manner in which their money had been
taken & disposed of, but were unwilling to indulge the suspicion of
Benton
having taken it himself. Some circumstances however occurred
about this time which confirmed them in the beleif of his guilt. As they
lived in the same room with
Benton
they had an opportunity of knowing almost
every part of his conduct. They could not help taking notice that instead of
being extremely parsimonious, as he had been in the early part of the
session, he had now become remarkably prodigal & extravagant. This
change of conduct together with several other circumstances, confirmed the
undersigned in the opinion that
Benton
had taken their
money
On the night of the eighth of March, the pocket-book of the undersigned
William Cherry
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was stolen out of his coat pocket after he
had gone to bed, & with the pocket book, eight Dollars in cash, one
of which was a federal Dollar of the latest emission, & which was
as the undersigned believe, the only one of the kind in College. On the same
night the sum of sixteen Dollars was stolen out of the pocket-book of the
undersigned
Marmeduke Baker, also a shilling bill which was marked with the
initial letters of said
Bakers name. As the Dollar & shilling-bill
were thus remarkable, it was thought that they might afford an easy
opportunity of detection. The undersigned
Saunders &
Baker
therefore went to the different Merchants & Tavern-keepers in the
village, described the Dollar & shilling bill,
& requested that if either should fall into their hands, that they
should give said
Saunders &
Baker immediate notice & also inform them
of the person from whom they obtained it. A few days afterwards the
undersigned
Saunders was informed by
Hugh Nunn (a clerk in Mr
Scott’s store) that he had seen the above
mentioned Dollar in
Thomas Benton’s
possession, & that he had
endeavored to obtain the Dollar by giving other money in exchange for it,
but that
Benton
refused to exchange it, or by any means part from it.
Another circumstance which had
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great weight
with the undersigned was, that
Benton
had, for some
nights past, sat up much later than any of his room-mates, & that
the undersigned
Saunders, lying awake in his bed when
Benton
beleived him to be
asleep, discovered said
Benton
very carefully tie on his neck-handkerchief
immediately before he went to bed. That the night following he discovered
Benton
(as he beleives with a pocket-book open on the table before
him) carefully fold up his neck-handkerchief & then tie it on as he
had done the night before. Said
Saunders declares that he
beleived at that time & does still beleive that in that
handkerchief
Benton
carried the paper money which he had stolen from Mess
rs
Baker
&
Cherry & which amounted to somewhat more than twenty
Dollars. He farther states it as his opinion that
Benton
was on the second
night, mentioned above, adjusting the money in his neck-handkerchief in such
a manner as that it might neither be discovered nor lost.
Hitherto the undersigned were, by no means, disposed to communicate to any
person, the suspicions which they had entertained of
Benton
. But being now
fully convinced of his guilt, they determined to fall on some plan to make a
thorough detection, & as they were apprehensive that it might be
attended with a serious quarrel
Page [13]
&
perhaps be the cause of a challenge from
Benton
, they determined
to make some of the officers of the
University acquainted with their suspicions & the
reasons of them; & also to enquire what plan should be thought most
advisable for the undersigned to pursue. The undersigned
Saunders
accordingly waited on Mr
Caldwell
on the 14 instant, &
informed him as above. In the evening of the same day the undersigned
Saunders
with Mr
Caldwell
waited on Mr.
Gillaspie
& communicated the whole to him, in order that they might have his
opinion & advice with respect to the method which ought to be
adopted. Among many other plans which were suggested, it was proposed that
the undersigned
Saunders should not return to College until late at night when
Benton
would most probably be asleep & that said
Saunders
should then search his pocket-book, to see whether the Dollar or any of the
money which had been stolen could be found in it.
Between the hours of eleven & twelve at night the undersigned
Saunders
left Mr
Gillaspie’s
, & when he entered his room, found that
Benton
was abed & asleep. He walked easily across the room,
took
Benton’s
pocket-book out of his coat pocket, & on examining
it, found the identical Dollar which
Cherry had lost. This he
shortly afterwards communicated
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to the
undersigned
Baker &
Cherry. It was then agreed that they should take
Benton
out & search him. To obtain an opportunity of doing
so, they agreed (with the knowledge & permission of Mess
rs
Caldwell
&
Gillaspie
) to go into the country for breakfast & to
take
Benton
along. In the morning the undersigned
Saunders went to Mr
Caldwell
& borrowed of him a Dollar of the common federal
stamp, with the intention of trying whether by bantering the company on the
beauty of his Dollar, he could not induce
Benton
to shew the Dollar
which they were all now convinced he had in his possession. The undersigned
had recourse to this expedient from a conviction that if
Benton
had obtained the Dollar any other way than by
stealth, he would feel no reluctance in shewing it. Said
Saunders
when he returned to the room proposed to the undersigned
Baker
&
Cherry to go into the country with him to breakfast, &
added that if any of the others would go with them, & eat ten eggs
& drink five dishes of coffee that he would pay for the breakfast.
Benton
immediately accepted the offer, but when the time of starting
approached, he declined. The undersigned by using a number of expedients at
length prevailed &
Benton
went with them. While on their way to the
house at which they were to breakfast, the undersigned
Saunders made many attempts
to induce
Benton
to
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shew his Dollar but
without any success. As they returned from breakfast
Benton
appeared no ways
inclined to converse or to keep near to any of the undersigned, but kept
some distance before them. The undersigned
Saunders at length called
to him not to walk so fast, adding that he wished to have some conversation
with him, on a particular subject.
Benton
slackened his
pace, & when the undersigned came up
Saunders mentioned to him
the suspicions that they had of his having taken their money, &
that the only way of eradicating those suspicions was to submit to an
immediate search.
Benton
denied the charge & with uplifted
hands called the gods to bear witness to his innocence.
Saunders
replied that this would not convince him, & told
Benton
that he must submit to a search.
Benton
then put his hand
into his pocket, pulled out his pocket-handkerchief & offered
Saunders
his key telling him that he might search his trunk.
Saunders refused the key
telling
Benton
that he
must search his
pocket-book. After finding that
Saunders would not be put
off with the key, he agreed that his pocket-book should be searched. In the
mean time however, he kept his hand employed in his pocket & the
undersigned believe did then actually
Page [16]
take
the above mentioned Dollar out of his pocket-book. With many &
solemn asseverations of his innocence, he at length delivered his
pocket-book to
Saunders; but on examination it was found that the Dollar was
not in it. The undersigned
Saunders immediately put his hand into
Benton’s
pocket & pulled out the Dollar which he had discovered the night
before, & which the undersigned
Cherry did not hesitate to
claim as his own.
Benton
appeared to be much agitated &
after many prevarications & self-evident falshoods, he confessed
that he had taken the money which the undersigned
Cherry had lost, but denied
taking any more. He added that he took the pocket-book on the supposition
that
Cherry
would imagine he had lost it out of his own pocket; & that he
intended to replace the money in a short time by putting the pocket-book
into some place where said
Cherry would certainly find it. On being asked what
he had done with the pocket-book, he replied that he had thrown it to the
bottom of the little-house. After a number of other prevarications, he
confessed that he had taken a few Dollars from the undersigned
Saunders,
but denied that he had taken any from
Baker. In the course of a
day or two,
Benton
acknowleged that he had taken from the undersigned
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at different times the sum of thirty four
Dollars viz from
Saunders the sum of nine Dollars, from
Baker the sum of eighteen
Dollars & a shilling & from
Cherry the sum of seven
Dollars.
The undersigned Fleming Saunders, Marmaduke Baker & William Cherry affirm that
the above is substantially a true statement.