Trustees Records, Vol. 3, 1859 (page 335)

335

This brief statement of the whole case from
the beginning, which your Committee has considered
it expedient to give must, they think, satisfy every
candid mind that the action of the Trustees in the
case has been a simple performance of their duty
as the body entrusted with the "superintence and care
of the property, expenditures, business, and prudential
concerns of the Corporation"; and it is difficult to
perceive how they could have done less, or at what
stage of the proceedings they could have stopped. _

When a Committee appointed for the purpose
and aided by competent accountants, after a careful
Examination reported that there was an apparent
balance of eighteen thousand dollars due from
Mr Mann: when Mr Mann himself deposited
with the Treasurer of the Corporation a sum of money &
meet any deficiences which might appear in
his accounts, would not the Trustees have been
liable to very grave and merited censure,
had they neglected to take measures for the re-
covery of the debt?

When the Auditor reported that there was due from
Mr Mann the sum of twenty three hundred fifty eight
dollars ($2358) over and above the amount deposited by
him as security and the salary and other moneys due
him, and Mr Mann refused to pay the same and
claimed a trial by jury, would the Trustees have been
justified in discontinuing the suit? And when, after
a jury trial and a verdict for the defendant, that ver-
dict was upon motion of the counsel for