Newspaper Page Text
justment, we therefore ask that we may be
allowed to “search diligently into the origin
of the misunderstanding,” and see if some
misapprehension or mistake does not exist,
•which may be corrected and hannony restored.
Prompted alose by a desire to reach an ac
commodation honorable alike to both, permit
ns to beg that any correspondence which may
have taken place be considered as temporarily
withdrawn until all efforts for a reconciliation
are over, and the subject of offense be duly
tion, Alabama —I Lave come lrom Atlanta j considered, and our soundest conclusion
with a message of importance for you, re-1 reached. We send this in duplicate, and
quiring personal delivery. Will you kindly ! earnestly desire that it may be acceptable to
meet me here by to-morrow’s train—at my : each of you.
Phillips vs. Waddell.
oos v on coBi.Kai-t.NHE.jit E i-.wrwEi.N com HEN..
D. laV. AND OTHERS.
By Telegraph.
No. 1.—Lay to Waddell.
Columbus, Ga., July 18, 1873.
To Major James F. Waddell, Seal's Sta-
expeuse. Respectfully, Benj. D. Lay, M. D.
No. 2.—Reply from Operator.
Seal's Station, July 18, 1873.
To (Job Benj. I>. Lay: Waddell is in Ope
lika, Aiabama. W. H. Washington,
Operator.
No. 3.—Lay to Waddell.
Columbus, Ga., July 18, 1873, 2 p. M.
To Major James F. Waddell, care George W.
Hooper, Esq., Opelika, Alabama:—If you are
in Opelika, please wait my coming. I leave
here on 8 SO train. Hope to see you to
morrow morning. Rent. E. Lay.
No. 4.—Lay to 789.
Columbus, Ga., July 18, 1873, 3:50 p. M.
To 789, Atlanta, Georgia:—J. F. W. not at
Seal's Station, but at Opelika. I return at
8:30 to Opelika, and shall bunt till I find him.
Benj. D. Lay.
No. 5.—Lay to 789.
Columbus, Ga., July 18, 1873, 5} p. h.
To 789 :-W
him.
here. Saw |
asked half hour. Sent to me Strange
and Hooper tq ask me to state what my 1
message was. 1 have declined to answer,
and await events.
Ben. D. Lay.
« No. 6—Lay to 789.
Columbus,IGa. , July 19, 1873—1:30 p. m
I We have the honor to be, very respectfully,
your obedient servants,
Mabtin J. Crawpobd.
W. F. Luceie,
M. H. Blandford.
A certified copy of the original.
E. F. Coleey.
No. 10—Lay to Board of Honor.
Columbus, July 21, 1873.
Ranein House, Room No. 7, 11 a. m.
Colonel Martin J. Crawford, W. F. Lnckie,
Esq.,'Colonel M. H. Blandford— 1 Gentlemen—
Your favor of this a. m. addressed to
Messrs. T. J. Phillips and James F. Waddell,
in duplicate, and handed to me for delivery
to Capt. T. J. Phillips, claims a reply from
i me.
! I have the honor to state to you that up to
’ this moment no communication of any char-
- acter has taken place between Capt T. J.
Phillips and Major J. F. Waddell,
j I will frankly own to you that I am the
HI bearer of an undelivered message from Capt.
He ! Phillips to Major Waddell.
I will state that some correspondence has
passed between Major Waddell and myself
relative to the point at which my message
should be delivered. 1 will also own that an
agreement as to the point of delivery has
been reached by ns.
I will say to you, gentlemen, that I so high
ly appreciate the lofty and chivalric spirit
To No_789, Atlanta, Ga.-Come by next into
train to RankinHouse. I wait lor .you. All ; which x am Iepl / ing . that Wlll frankly , M
right- Ben. D. Lay.
right
No. 7—789 to Lay.
Atlanta, Ga., July 19, 1873—8 p. m.
you desire, consent to the mutual and tempo
rary withdrawal of all tha correspondence
which has passed between Major Waddell and
To Col. Ben. D. Lay :—On hand by neit i myself,
train. 789. j I permit the withdrawal for the space of (12)
Correspondence. 1 twelve hours, with the understanding that.
No. 1—Wynn to Lav. j should your humane effort prove ol no avail
Hotel, 4:10 m:—Maj. Waddell’ desires me 1 that affairs between Major W. and myself re-
to say to Dr. Lay that he will communicate sume their present position, and that I shall
with him as soon as practicable alter meeting repair to the point we agTeed upon at the
some iriends whom he wishes to see before | time we have appointed,
giving an answer. Respectfully, | At the proper time, and at your request, I
T. K. Wynn. ' have no objection to submit to you the mes-
F. S.—He will be heard from in the course j sage with which 1 am charged,
of the p. m. i I am gentlemen, with profound respect,
Original note received by Col. Lay in my ] your very obedint servant,
presence, this 4:30 p. m. E. F. Colzey. I Benjamin D. Lay.
No. 2-Lay to Wynn. j Copy of reply^ E. F. Colzey.
„ No. 11—Board of Honor to Lay.
Columbus, Ga., Boom No. 7, BaDkin House, - - - • ~ -
4:30 p. m.
T. K. Wynn, Esq—My Dear Sir:—Your
note of 4 p. m., instant, to hand. I shall
await the pleasure of Major Waddell, this eve
ning, ae yon desire.
I am, dear sir, very respectfully, your
obedient servant,
Ben. D. Lay.
A true copy of Col. Lay’s note to T. K.
Wynn, Esq. E. F. Golzey.
No. 3—Waddsll to Lay. ■
Columbus, Ga., July 18,1873.
B. D. Lay. M. D.—Sir: Will you please
inform me of the nature of the communica
tion you have for me. Respectfully,
J. F. Waddell.
This letter was banded Col. Luy m my
presence by Col. G. W. Hooper and CoL
Strange. E. F. Colzey.
Jfrv* p. x. Jf\
No. 4—Lay to Waddell.—
. COLUMBUS, Ga. ,
Rankin Bousk, Room No. 7*-5 p.m.
Maj. James F. Waddell—My Dear Sir:
The communication which I hold, I have
already had the honor to state to you, per
sonally, is addressed to yomaqlf^ and requires
a personal delivery/ j '
Yon most pardon tat* if T decline to make
any statement concerning it, save to deliver
it to yonrself.
I am, dear sir, wapectfully, your obedient
and true copy, made under my hand, of all
the correspondence which has passed between
Colonel BeDj. D. Lay and other parties in ref
erence to this matter up to this date.
John F. Shecut.
Atlanta, Ga., July 27th, 1873.
No. 18—Lay to Hooper.
Atlanta, Ga., August 7, 1873.
Col. Geo. W. Hooper, Opelika, Ala.—My
Dear Sir: Yon did me the honor to ask leave
to call upon me. “unofficially,” at Neal’s
Landing, in Florida, upon the evening of the
23d of July, at about 3:30 p. m. You stated
that your visit wa6 an “unofficial one.” 1
replied, “that I was glad to receive you at
any time, and in any manner.” You said,
“you would ask toe (“unofficially”) with a
view to adjusting matters to suit our personal
convenience, if the 8th of August would suit
me for an answer to the note from Capt T. J.
Phillips, which I had just delivered to Major
James F. Waddell.”
A debate between you and myself followed,
which referred to a “board of honor,” two
points, viz :
First—How much time was-allowed you,
or whether time at all?
Second—Whether you should—in case time
was allowed—address us a note asking for the
time, or announcing to us the time you took?
The reply of the “board,” was a note from
Major James F. Waddell, addressed to Capt.
T. J. Phillips, and handed me by a member
of the “board,” Dr. E. F. Cot«ey. That note
simply announced that Major Waddell would
reply within the usual time.
NoUf, Colonel, this may mean any time
within forty-six (46) days from the eighteenth
(18th) of July when I addressed my first note
to Major Waddell; or, it may refer to your
“unofficial” proposition of August 8th.
Will you, my dear siT, in view of my per
sonal affairs, enlighten me as to your time, so
that X may have my personal affairs in readi
ness, otherwise I shall be compelled to hold
myself in constant readiness to move at a
inmate's warning from now uotil the morning
of the third (3rd) day of September proximo.
I shall do the latter, if you reqnire it, but
for my personal sake I would ask the charity
of some definite understanding.
I am, my dear Colonel, very respectfully,
your obedient servant,
Benj. D. Lay.
Original draft of Col. Isay’s letter to Col.
Geo. W. Hooper, August 7tb, 1873.
JohnF. Shecut.
No. 19—Hooper to Lay.
Opf.lika, Ala., August 9, 1873.
Col. Benj. D. Lay—Dear Sir: Your favor
of the seventh instant to hand—contents
noted. I regret not being able at present to
i give yon definite information as to the inten
tions of the friend of Major Waddell. If I
find that I can do so, it will afford me pleas
ure to comply with your request.
For fear of some future misconstruction 1
feel it my duty to say that my recollection
does not concur with yours as to what took
place between you and myself at Neil’s Lan
ding. I would at present only call your at-
John F. Shecut, and consulted him: I also
referred a copy of iny letter to you to Dr. E.
F. Colzey; in addition, 1 took all the papers
in the case and looked them over; that my
mind should come accurately to the point of
our “unofficial conversation.” I had by me
the copy ol my letter to you. I gravely an
nounce to you that I am unable after all this
care, to find a single error in my letter of
the 7th.
I therefore, respectfully ask that you will
No. 25—Waddell to Lay.
Columbus, Ga.. August 27, 1873.
Col. Benj. D. Lay, Atlanta, Ga.—Sir—
I have the honor to acknowledge the receipt
of your communication of the 24th instant.
the contrary, I thought, and still thiiiL, that
Major Waddell s letter of the 28th uit did
touch the ground of Capt Phillips' complaint
in his letter of the 23d of July. Th e, then,
the issue between txa. Capt Pk Hips, it
covering a correspondence between Colonel : appears, sustains your viewa—tuy own are un-
Hooper and yourself, and advising me that
you would expect a reply through some ac
credited friend, to Captain T. J. Phillips’ note
of July 23d by the 3d day of September prox
imo. Pardon me for saying that I regret the
was my duly accredited agent to you in the . original note from Mr. HoL
correspondence which preceded the note of delivered by hands of Dr. D. W. Johnson at
Captain Phillips. After that commenced, as i about 1 p. m. September 2d.
you will see by a reference to it, I became the 1 j’
at once specify distinctly wherein your | correspondence between Colonel Hooper and
memory of that occasion, differs from what yourself as unnecessary and improper. He j
1 have written. As 1 assure you that I can
not consent to remain under a charge like
that, though it be vaguely expressed, and
known only to you and myself. Be kind
enough, therefore to answer me at once upon
this point
You regret with me, the publicity this affair
has obtained, and presume it was stopped by
iny card in the Herald. I cannot permit
you, even in your own mind, to do my Iriends
of the Herald so much injustice. The
Herald only printed my card, and reprinted
at the head of it, (and as the cause of their
action), the card of retraction of the Colum
bus Bun, from which paper they had copied.
And this retraction of the Bun, I am sure you
know, cost me the pain of slapping the face
changed. Now, in tbif state of affair , when
gentlemen thus Honestly differ, I suggest for
your consideration that the point be decided
by gentlemen chosen to whota the same may
be referred.
I am, sir, respectfully, your obed’fc servant,
^T. Holland.
jiland to Col. Lay.
custodian of my honor, with a promise of |
reply to the note of Captain Phillips at such ;
time as might suit my convenience, within
the usual time. Any suggestions in the in- i
terim, such as your last note contains, yon j
will again pardon me for saying, I consider
unkiud to myself. When I atn ready, Colonel.
I shall be very oertain to reply to Captain
Phillips. And in the meantime I have the |
honor to be,
Very respectfully, yonr ob’t servant,
J. F. Waddell. !
John F. Shecut.
No. 34 —Lay to Holland.
Columbus, Ga., Rankin House,
Room No. 10, Sept. 2, 1873, 1.30 p. m.
Col. Jas. T. Holland—My dear Sir: Your
reply of this instant, delivered “informally”
to Capt. John C. Campbell, by Dr. D. W.
Johnson, lies before me.
You say “JLcannot, however, conceive that
the issue is either peculiar or personal”—“it
certainly was not designed to be so.”
My dear, sir, this would certainly be all
Columbus, Ga., July 21, 1873.
Col. Benj. D. Lay:
Your reply of this instant, received, togeth
er with a similar one from General Benning
for Maj. Waddell, and now in pursuance of ft ^ j, ^ ?om ’ t . You see!p. frpi some
purpose so honorably seconded by each of [ “ * , * rr ■ * *
you, we respectfully ask that you submit to coant time from 18th July, >
r J J according to my recollection, the first aad
only note ever received from Captain Phillips
by Major Waddell was dated 23d July, 1873,
3 p. m. While I have no idea that this
date will ever be material, I deem it proper
to refer to it in answer to your letter.
I remain, sir, very respectfully yours, etc.,
G. W. Hooper.
No. 20—Lay to Hooper,
Atlanta, Ga., August 21, 1873.
and pulling the nose of Mr. Jewett. De j received by me at Atlanta August 28, 9 p. m.,
Votie, who had been the author of the pub- | and copy thereof forwarded to Colonel Lay at
lished articles. You know, I had promised to ; Opelika, 29th, at 11:30 p. m.
Original note of J. F. Waddell to Col. Lay, 1 that I could ask of you if yon had not, I have
no doubt, unthoughtedly added a reiteration
of the point of difference. Yoa do me the
both your party and mine, that I would com
pel such a retraction, and jqu know I re
deemed my word.
You say: “As to yonr intentions of the
course you intend to pursue in reference to
Major Waddell, and the views yon present as
to his duty, I dp not feel called upon to make
any response, not representing him, as yon
are aware, in this matter. I presume that an
inspection of the correspondence between
yourself, Captain Phillips and Major Wad
dell will speak lor itself. ”
Well Colonel, I have just consulted it, and
we will let it speak.
I find from it, that although you were never
John F. Shecut.
No. 26—Holland to Lay.
Columbus, Ga., August 28. 1873.
Col. B. D. Lay, Atlanta, Ga.—Sir : I am the
custodian of a communication from Maj. Jas.
F. Waddell to Captain T. J. Phillips, which 1
shall be pleased to deliver to you at Colum
bus, Georgia, or in Alabama, on the opposite
side of the river, if either of those points will
suit yonr convenience, or at any other place
you may name. My address is Columbus,
Georgia,
unkindness to say “I thought and still think
that Major Waddell’s note of the 28th ultimo
did touch the ground of Capt. Phillips’ com
plaint in his letter of 23d July. Capt Phil
lips, it appears, sustains your views. My
own are unchanged.” “Now, in~this state of
affairs, when gentlemen thus honestly differ, I
suggest for your consideration, that the point
between us be decided by gentlemen chosen,
to whom thee awe may be referred.
My dear, sir, let me understand you dis
tinctly. I understand that you wish to refer
I the point between you and myselt to a board
I am, Colonel, very respectfully, your obe- ; of gentlemen. If eo, I consent. But if you
• * * • * " mean with regard to Capt. Phillips and Major
Waddell, I have to inform you that three times
I have submitted to boards of honor. Once, the
dient servant, .James T. Holland.
Original note from James T. Holland to
officially authenticated to me as the friend of Colonel Lay; received by me at 10 p. m., of
Major Waddell, nevertheless you permitted | August 29th, and copy of same forwarded to j Gentlemen proposing, concluded that^ they
yourself to bear to me every communication J Colonel Lay, at Opelika, by the 11:30 train.
which I received from him.
I own that you formally, but verbally, told
me that iu view of your connection with him,
you oould not proceed farther in the case, and
thfttyour connection ceased with the delivery
to we of the Major s note of date, July 19tb,
2 p. m. I was, therefore, surprised (but
could not act, (that was the second one
and at Eufaula). The first|and the last were
here, and 1 regret to say that Major Waddell
quibbled in each case, and the boards there
fore failed.
I regret to be so plain, but you leave me no
alternative. I make this assertion with all
its responsibilities. I therefore respectfully
decline to have any further delay in Capt.
Phillips’ matters.
I am going to the point I indicated at 4 p.
M. of this day. If I go, and return without
a satisfactory answer, I shall certainly act as
servant, Ben D. Lay.
No. 5—Waddell to Lay.
<k**Jinrue, Ga., July 18, 1873.
B. D. Ijay, M.D.—Sir: As I am compelled
to infer from your conversation of to-day, in
which you desired me to “cross the river”
for the purpose of receiving a message with
wbjck you are charged, and also from the
tenor of your note of to-day, that your message
is a hostile one, and as I am a citizen of
Alabama, and cannot receive such a commu-
cation in that State, I have th^ pleasure to
inform you that your communication will be
received here in Columbus at aodh time as it
may suit your convenience to communicate
the same. Very respectfully,
J. F. Waddell.
This note was handed Col. Lay by Col. G.
W. Hooper and Col. Strange in my presence
July 18th, 1873. 10 p.m. E. F. Colzey.
No. 6—Lay to Waddeil.
Columbus, July 18, 1873, 10 p. m.
From Room No. 7, Rankin House.
Maj. J. F. Waddell—My dear Sir: Yonr
communication of this date, by the hinds ol
Col. Gee. W. Hooper, is this moment reteiied.
1 would suggest to you that I can see no
reason that would make it more proper for
me to deliver the message I bear, here th*r>
in Alabama.
If there should be a reason which would
make Georgia preferable to you, I submit that
the same thing would cause me to prefer Ala
bama-
However, I will, if yon desire, deliver my
message to you, either at Chattanooga, Ten
nessee, or upon the east bank of the Savan
nah River, in front of the town of Augusta,
Ga., aa you may select. I have had the honor
to explain to Col. G. W. Hooper, that I did
not know anything prevented yonr reception
of the message at the point I indicated first
If yon will be kind enough to state to me
upon what day and at what point you will
meet me, I shall have great pleasure in deliv
ering my message.
I am, dear sir, very respectfully, your
obedient servant, Benj. D. Lay.
Copy of answer to note delivered to Col. G.
W. Hooper, July, 18, 1873, 10 p. m.
E. F. Colzey.
No. 7—Waddell to Lay.
Rankin House,
Columbus, Ga., July 19, 1873.
Col. B. D. Lay—Sir: It will suit my con
venience to receive any communication to me
with which you are charged, at Neil’s Land
ing, in Florida, on the Chattahoochee. River.
I am informed that boats leave here for that
point on Tuesdavs and Thursdays. Please be
so kind as to indicate the time at which it
will best suit you to repair to that place.
Very respectfully, J. F. Waddell.
Original copy handed to Col. B. D. Lay,
from Col. G. w. Hooper, at 2 p. m.
E. F. Colzey.
No. 8—Lay to Waddell.
Columbus, July 19, 1873.,
At Rankin House, Room No. 7, 2 p. m.
Major J. F. Waddell-Sir: I have the
honor to acknowledge your note of this in
stant, ‘handed me by Col. Geo. W. Hooper.
In reply, I will say that Neil’s landing, in
Florida, upon the Chattahoochee River, will
suit me very well, and also I would say that I
will take the Tuesday’s boat.
I am, si/, with proiound respect, your very
obedient servant, Benj. D, Lay.
A true copy of the reply of Col. Ben. D.
Lay, to Major J. F. Waddell, sent through
Col. Geo. W. Hooper, at 2 p. m., July 19,
1*73. e. F. Colzey.
No. 9—Board of Honor to Phillips.
Columbus, Ga., July 21, 1873.
Messrs. T. J. Phillips and James F. Wad
dell—Gentlemen : Having reason to believe
that matters of an unpleasant nature exist be
tween joe, and entertaining the hope that
they have not paused beyond the reach oi ad-
you, we respectfully ask that you
us the cause of complaint in the premises, to
: the end that the same may be considered, and
further action on our part taken, which we
1 hope may be the means of an amicable ad
justment between the gentlemen.
Respectfully your obedient servants,
Martin J. Crawford,
Wm. F. Luckie,
Mark H. Blandford.
Original note banded Col. Lay, by Board of
Honor, July 21, 1873,
John F. Shecut. |
No. 12—Lay to Board of Honor.
Columbus, Ga., July 21, 1873.
Rankin House, Room No. 7, ljp. m.
Messrs. M. J. Crawford, W. F. Luckie, M. H.
Blandford:
Gentlemen: Your second note of this date
is just received; in reply, I have the honor
to refer the cause of complaint upon the part
of my friend.
The copy of the Sun which I submit with
this note, contains all to which we object:
an unqualified retraction of the contents of
Urn article is desired.
I am, very respectfully, your obedient ser
vant, Ben. D. Lay.
P. S.—I will state that we have no objec
tion to anything this article contains in refer
ence to “Opelika,” but only in so far as the
article reflects upon the memory of Mr. Phil
lips. Respectfully,
B. D. L.
A true copy of Col. Lay’s second note to
Board of Honor. July 21st, 1873.
John F. Shecut.
No. 13—Board of Honor to Lay.
Columbus, Ga., July 21, 1873.
Col. B. D. Lay, Rankin House—Dear Sir:
—We acknowledge the reception of your last
note, and regret exceedingly to find ourselves
unable to bring the subject matter of our ne
gotiations to a satisfactory conclusion.
We have the honor to be, very respectfully,
. vouj obedient servants,
Martin J. Crawford,
W. F. Luckie,
M. H. Blanfokd.
Original note from Board of Honor.
t John F. Shecut.
Fohn F. Shecut.
No. 27—Phillips to Lay.
Atlanta. Ga., August 31, 1873.
Colonel Benj. D. Lay—My Dear Sir:
I have received through the hands of
^ Mr. Jonn F. Shecut the account
agreeably so, as I was glad to find"myself con- ! yon have given him to be shown to me of the
fronted by so courteous a gentleman) to find I letter of Major James F. Waddell, addressed
you on the boat with Major Waddell, and ^ me and sent to you through Major James
more so, to find you bearing to me the Major’s T. Holland for delivery to me and which you
reply to my note, which I personally delivered j have declined to bear to me- „ . w
to him. Alter the delivery by me, of Capt. You know, my detr sir, that what I desire I I have four times before notified your party.
Phillips’ message to Major Waddell, you the unqualified retraction ot Major Wad-1 With regard to onr personal difference, if
came in for that informal visit, about which I! dell’s card, in so far as that card reflects dis- ; that i9 what you wish to refer. I can only say,
“ * 1 A ' * J J I will refer it or not, as you please. If that
be the point, I name Dr. E. F. Colzey, Col.
A. R. Calhoun and Maj. John F. Shecut as
my party. Please notify me of yours and the
time ot meeting, which I leave to you, pro
vided it be after my return from the trip upon
which I am starting. Or it may, if you like,
take place upon the boat as we joarney.
I am, my dear sir, most truly your
obedient servant to command,
Benj. D. Lat.
Correct copy of Col. Lay’s reply to Mr.
Holland, delivered by Cspt. John C. Camp
bell, in my presence, at 2 p. m.
Geo. A. Wallace.
No. 35—Lay to Holland.
Eufaula, Ala., Sept 2, 1873, 10:30 p. m.
__ . „ „ ^ AS ' T. Holland, care Gen. H. Ben-
..then his memory traduced in the public prints j ning, Columbus, G*.—I am onimv wav to
Col. Geo. W. Hooper, Opelika, Ala.—My | request' him' to authenticate" some • b y tbe relative of that same mau, and now I ! Neil’s Landing, as I promised. Notify Major
Dear Sir: I was absent when your favor of j friend to me, as I have been authentica-' ata as hed to accept au investigation ol uu- j Waddell. I shall wait for your party ninety-
— A : —- *■ * ~ correspond. I t heard of charges against my relation and the six hours at that point.
him copies of our * V , ** -
bave had tne misfortune to find you differing creditably upon the memory of my deceased
from me in memory. It is, therefore, with uncle. I think that was exactly what I said
trepidation that I remember you claimed as a original note to Major Waddell, and
bar to instant proceedings, that Major Wad- 1 w hich you delivered.
dell would like to have his friend with him. ! 1 cannot now, or at any time, permit a dis-
When I expressed surprise as you were there, cussion ot infamous charges concerning the
and also Major Wynn, you then again re- j memory of my deceased relation. It is put-^
minded me ot your relationship. I remember ft dead man upon his defense, who could ■
I said I did not think you were so close as to ' never instruct his representatives how. when |
according to my recollection tbe tirst and I "'ithin the prohibited degrees of kinship j ° r where to defend him. The memory of a
accoraing to my recollection, tne urst aoo „ . I will not discuss this further d e8<J man ought to be-and a decent resuectl
only note eyer receded from Cantam FhiUim ! feelthat ‘the | for tbe living reqmres that it should be-Lid
game is worth tbs candle.” ' 8a< ; r ® < *\ , . . . . .
I will only say to you plainly, and as a piaiu | . ^IVilized communities require tha the
man, that it seems to me that you have trifled (aults of the dead, if any they had, should be
with me. As you now say distinctly, and in I Wlt h them. £heir virtues, if they
writing, that you are not the friend of Major ] possessed them, should aloue be remembered.
Waddell in this matter, I shall, of course, ! * bls ca6e uncle, the biother of my
annoy yon no further about it, but at i lather, cruelly murdered by one iiian, and
once nddress myself to Major Waddell, Uj j *“' J A *' hjji '
the 11th, in reply to my note of the 7th inst., te( j t0 w j t h w kom I may
came to hand. I am sorry that “yonr memory" f ee i j t my duty to remit to hii
of the occurrence at “Neil s Landing” dit- T >— 1
1 am quite sure that mine
No. 14—Lay to Waddell.
Nun's Landing, Fla., July 23, 1873.
Maj. J. F. Waddell:
My Dear Sir:—You were kind enough
td inform me in Columbus that you would re
ceive a communication which I had for yon
mt this place. I have the honor to inquire at
what time it will suit your pleasure to receive
that communication.
I am, dear sir, very respectfully, yonr obe
dient servant, Benj. D. Ijay.
Correct copy of Colonel Lay’s first note to
Major Waddell, at Neil’s Landing, Florida,
July 23, 1873. John F. Shecut.
No. 15—Waddell to Lay.
Neil’s Landing, Florida,
July 23, 1873—1:20 p. m.
Colonel B. D. Lay—Sir—In reply to your
note just handed me by yourself, 1 have the
pleasure to state that I will receive, at any
time when it may suit your convenience, the
communication which you have for me.
I am, very respectfully, your obedient ser
vant, J. F. Waddell.
Correct copy of Major Waddell’s reply to
CoL L»ay. John F. Shecut.
No. 16—Phillips and Waddell.
Neil’s Landing, Fla. ,
July 23, 1873—3 p. m.
Major James F. Waddell—Sir—In the Co
lumbus Sun of June 25th, over your signa
ture, appears an “advertisement” which re
flects most cruelly upon tbe memory of my
deceased uncle. Whatever course the press
may have seen cause to pursue, or anonymous
writers may have chosen to publish, I submit,
was without either the knowledge or desire
of his family, either immediate or remote.
The allegations you make in that article are
of au exceedingly painfnl character, and I am
unwilling to believe that you would wantonly
insult the memory of the dead, or gratuitously
wound the feelings of the living. Therefore
1 address you this letter expressing the hope
that you will disclaim all such intention, and
request that you will withdraw every portion
of that article which reflects discreditably
upon the memory of my deceased relative.
I am, sir, very respectfully,
Thomas J. Phillips.
Correct copy to Capt T. J. Phillips’ note to
Maj. Waddell, handed to Col. B. D. Lay, in
my presence, for delivery.
. John F. Shecut.
1 delivered this note from Captain Phillips
to Major James Waddell, at 3 p. m. July 23d,
1873. Benj. D. Lay.
No. 17—Waddell to Phillips.
Neii.’s Landing, July 23, 1873.
Sir—I have received yonr note of this date
and will reply in the nsual time.
1 have the honor to be,Ac.,
J. F. Waddell.
To Captain T. J. Phillips.
1 hereby certify that the above is a comet
fers from mine.
serves me correctly. I shall regret if the
‘different opinion” on your part continues,
though, as you have tailed to mention it to
me, I dc not know in what it consists. How
ever, I have consulted my memory, and have
referred my note to you to Dr. Colzey, and I
am quite sure that the matter was as I had
written you. Should you still, after consider
ing the matter, continue in your same opinion,!
fear we 9hallfibd our difference irreconcilable,
m which case I can oifly say, I am entirely at
your service, and humbly await yonr pleasure.
I am sorry to tell you that I cannot permit
a count of time to run from the 23d of
July. You are well aware that I commenced
action on the 18th, and that I notified Major
Waddell, on that day, that I had a “message
for him,” and as all subsequent delay arose
from the action of your party,I cannot in jus
tice to my friend permit advantage to betaken
of it; there has been far too much delay, and
I regret to add too much publicity in this
affair already, therefore I am compelled to
notily you that my action will commence
upon the morniDg of the 3d of September,
“proximo,” unless I shall hear from your
party sooner. I shall await your pleasure at
this point, and should 1 be compelled to
move earlier. I will notify you both by letter
and telegram. Meanwhile, I am, Colonel,
Your very obedient servant,
Benj. D. Lay.
A correct copy of Col. Lay’s second note to
Col. Hooper. John F. Shecut.
No. 21—Hooper to L«ay.
Opelika, Ala., August 22, 1873.
Col. Benj. D. Lay—Dear Sir : Your favor
of 21st instant is at hand. It would be very
absurd for rae to be offended with you because
my recollection of an “unofficial” conversa
tion between us does not happen to concur
with yours. Being perfectly satisfied with
my own recollection I freely acknowledge
your right to an equal confidence in yours.
I concur with you in regretting the “public
ity ” which must however, have been stopped
by your card in the Herald.
As to your intimation of the course you in
tend to pursue, in reference to Maj. Waddell,
and the views you present as to his duty, I
do not feel called upon to make any response,
not representing him, as you are aware in
this matter. I presume that ou inspection the
correspondence between yourself and Capt.
Phillips and Maj. Waddell will speak lor
itself.
I am sir, very respectfully yours Ac.,
G. W. Hooper.
Correct copy of Go). Hooper's reply to Col.
Lay’B second note.
John F. Shecut.
No. 22—Lay to Hooper.
Atlanta, Ga., August 23, 1873.
8 p. m. National Hotel.
Col. Geo. W. Hooper, Opelika, Ala.:
My Dear Sir: Yonr prompt tavor of 22nd
instant, in replv to mine of 21st, is to hand.
While I am gratified Colonel at your prompt
ness, you will forgive me if I say that I am
grieved at the lack of perspicuity in your re
ply.
Let me deal with you frankly! I am not
like yourBeli, learned in the law, and skilled
to write words that convey a Round that
soothes the mind, and lulls to hope, but at the
period that should bring fruition, breaks tbe
word of promise to the hope, while Keeping
it to the ear, aud leaving dull despair and
shameful dishonor to the waiting fool. I am
Colonel, but a plain blunt man, unskilled in
craft or wily tactics, a man who says exactly
what be means, and means exactly what he
says.
Forgive me, then, if I find your note unsat
isfactory, and believe me in the name of truth,
when 1 point out to you wherein it is unsat
isfactory.
In your letter of tha lltb, you said in reply
to my note of the 7th, “that your memory of
the occurrences at Neil’s Landing differed from
mine.” Now, Colonel, I bad written you upon
the 7th, what my memory was. If therefore
your memory differs from mine, and you are
not in error, either I bad wJfully and delib
erately lied, or I must have been a most egre
gious ass, to have written privately to you.
the chief party interested, a thing or things,
of which 1 was not sure.
This condition of things occurring to me, 1
was greatly distressed; I at once sent for Mr.
correspondence.. In conclusion, Colonel, I
hope that I shall not be thought going too far
when I say to you, that I trust, after your
written disclaimer, that all active interference
in Ibis matter on your part will at once cease. !
unless you intend to fully assume the respon-1
sibility of such action.
I remain, Colonel, your very obedient ser-1
vant, Benj. D. Lay,
A true copy of Col. Lay’s third note to Col.
Hooper. John F. b hecut.
No. 23.—Ijay to Waddell.
Atlanta, Ga., August 24, 1873.
Major James F. Waddell, Seale’s Station,
Russell county, Ala.:
My Dear Sir: I have just terminated a cor
respondence with Colonel George W. Hooper,
which, as it bears directly upon yourself, I feel
it my duty to submit to you.
The letters, both on my part and his, speak
for themselves, and need no explanation.
You see, Major, that either intentionally or
otherwise, you failed to properly accredit Col.
Geo. W. Hooper to me in writing. I con
sented to receive yonr notes, however, at his
hands because ol his high character and stand
ing, only taking the precaution to have each
one properly authenticated, as having been
delivered to me, from you, through the hands
of Col. Hooper, together with the hour of de
livery, as, save in one note, you had omitted
to fix the hour of writing.
As Col. Hooper, you see, now declines to
hold the position of your friend only as it may
suit his convenience and taste, and as 1 have
certainly waited a reasonable time for you to
accredit some one to me, I therefore ask you
at once to name to me some friend through
whom the future correspondence, in relation
to tbe affair between yourself and Capt T. J.
Phillips, may be conducted.
As I have stated in my letter to Col. G. W.
Hooper, and for the reasons therein recited,
I shall expect to receive your written reply to
the letter from Captain Thomas J. Phillips
addressed to yourself and delivered by
me to you in person at Neil’s
Landing, in tbe State of Florida,
at 3 p. in. of July 23d—at least by the morn
ing ot the 3d of September. In view of the
manner in which I consider Col. Hooper has
trifled with me, I shall expect, Major, that
your next messenger will be properly authen
ticated to me iu writing. 1 shall await your
pleasure in this city, at the National Hotel,
unless some unforeseen circumstance should
arise. Should I be at any time suddenly re
quired to move, I shall not fail to notily you
both by letter and telegram of my exact
whereabouts.
Meanwhile I am, Major, with profound re
spect, your most obedient servant,
Benj. D. Lay.
Original draft of Col. Lay's note to Major
Waddell, August 24, 1873.
John F. Shecut.
No. 24—Lay to Holland.
Opelika, Ala., August 29, 1873.
James T. Holland, Esq., Columbus, Ga.—
My Dear Sir: 1 return you the letter and ac-
bearer of my name. You were peifectly
right to decline to bear me any such a mes
sage, and you will state the party such mes
sage is unsatisfactory to me. You have. Col
onel, the written statement of what I ask.
I am, dear sir, respectfully your friend,
Thos. J. Phillips.
No. 28—Holland to Lay.
Columbus, Ga., August 30, 1873.
Col. B. D. Lay, Opelika, Ala. —I have reply
for you. Will you be in Columbus Monday.
J. F. Holland.
No. 29—Lay to Holland.
Opelika, Ala , August 30, 8:20 p. m., 1873.
Jas. T. Holland, Esq., Columbus, Ga.—
I will come to Columbus on Monday.
Benj. D. Lay. j
No. 80.
To the Editors of the Herald :
A letter of Mr. James F. Holland, dated
Columbus, September 1, 1873, and delivered
to Col. B. D. Lay at his room in the Rankin
House, was handed to me by Col. B. D. Lay,
together with his reply, both of which I was
to copy and file. The letter of Mr. Holland
has been accidently lost or mislaid, but Col.
Lay’s reply below copies and quotes all the
important parts of it. Respectfully,
John F, Schecut.
September 10, 1873.
No. 31—Lay to Holland-
Columfub, Ga. . Rankin HorsE,
Room No. 16, Sept. 1st, 1873, 4:45p. m.
James T. Holland. Esq.—Mv Dear Sir:
Four favor of August 30th, delivered to me
by yourself, at about 3:30 p. m., is before me.
You quote my language, and say that I
said: “1 cannot consent to bear this letter to
Capt. Phillips, as I do not conceive that it in
any way touches the ground of his complaint. ’
In reply, you say that: “I have, at your sug
gestion, examined tbe note of Capt Phillips
(**) witb earnest solicitude to ascertain wheth
er or not Major Waddell’s note of 28th of Au
gust did touch the ground of his complaint,
and on that examination I have concluded
that it does touch the ground of complaint
mentioned in Captain Phillips' note.”
My dear sir, the issue you make with me is
a very peculiar and personal one. I have ta
ken the trouble to send for Capt. Phillips who
Benj. D. Lay.
A true copy of Col. Lay’e dispatch to Mr.
Holland, sent from Eufau'a, Ala.
John F. Shecut.
No. 36^—Phillips to Waddell
NfeiL'ii Landing, Fla., Sept. 3d, 2 pm.
Major James F. Waddell—Sir: You have
grossly insulted and injured me by your pub
lished card of June 25th. For fifty days I
have sought, in vain, for redress from you.
You have in every instanoe peraiatently evaded
me while pretending to meet me.
I now demand from you the satisfaction due
between gentlemen, and require an immediate
answer.
This note will be handed to you at this
point by my friend, Colonel Benj. D. Lay, who
is fully empowered to act for me.
I am, sir, T. J. Phillips
I certify that I saw Captain Thomas J. Phil
lips hand this note to Colonel Ben. D. Lay for
delivery to Major James F. Waddell.
John F. Shecut.
I certify that I notified Mr. James T. Hol
land, (who had been accredited to me as the
friend of Major James F. Waddell), as early
as the l6t day of : September, that I was going
to Neil’s Landing, in Florida, with my entire
party, whither Major Waddell had once in
vited us, and to which point we went. I cer
tify that 1 waited there with Captain T. J.
Phillips for uinetv-six hoars, expecting the
arrival of Major Waddell, and that he neither
came nor sent an excuse.
Benj. D. Lax, M. D.
We certify that we attended Captain T. J.
. Phillips and Colonel B. D. Lay upon their
trip and waited with them.
E. F. Colzey, M. D.,
John F. Shecut,
John C. Campbell.
George A. Wallace.
No. 37—Phillips to WabdKll
At Nral’b Lanedtu. Fla. ,
6 p. m., September 6. 187$.
Maj. James F. Waddell—Sir—-Your reply
of the 28th of August, handed to my friend
CoL Ben D. Lay, at Opelika, by the hands of
Mr. James T. Holland, in the presence of
Colonel George W. Hooper, whieh reply my
fnend Colonel Ben D. Lay refused to bear to
me, upon tbe ground that it was insulting to
me, by inviting me to discuss the character of
has come to me and fully sustains roe in what j dead uncle, is unsatisfactory.
I have done. j I _fuily sustain the action of Colonel Ben D.
I now have the honor to notify Major Wad- ^ay in this regard, and should have thought
dell that bis letter is unsatisfactory to Capt.
Phillips.
As to the difference of opinion between you
him wanting to me bad be acted otherwise.
You, sir, first intuited and injured, then
evaded me in every way. 1 therefore assume
and myself, I have the pleasure to say that right—which I have—to declare yonr card
Capt Phillips and myself will leave this —at j published in the Columbus Sun of June 25th.
8 a. M. of to-morrow for the ground to which , 1873, (asau “advertisement”) to be foist aud
Major Waddell once invited us, and both i wtfnie iu ererj/ particular. I declare you to
Capt. Phillips and Major Waddell, as well ^ a who has slandered and villified the
you and myself,
pondence.
For the original matter, 1 will
continue our corres- Acad, yet ‘>briuk from meeting his living re-
j lation. I there f ore proclaim yon to the world
Nidering ! as lost to Loe aud Honor! As
compauying enclosures which you have to-day j this, and will bear me any reply vou may
presented me. They are addressed to Captain choose to make. h
T. J. Phillips, of Atlanta, from Major J. F.
Waddell, and are, I understand, intended to
form a reply to Captain Phillips,’ note of July
23d, deliveied by me to Major Waddell in
person, at Neil’s Lauding, and addressed to
him.
I cannot consent to bear this letter to Cap
tain T. J. Phillips, aa I do not conceive tLat
it in any way touches the ground of his com
plaint against you.
I, therefore, decline its delivery. Captain
Phillips cannot, in my estimation, consent to
any investigation of the memory of the dead,
whose faults, if they had any. should be
sacred. Their good deeds, if any they have
done, should live after them.
Be pleased to refer to tbe verbiage of the
note of Captain Phillips, to which I have re
ferred. If you should desire it, I will at any
time write what will be satisfactory to Captain
Phillips.
1 am, dear sir, with much respect, your
obedient servant, Benj. I). Lay.
This is the original, of which 1 made a true
copy, which 1 saw delivered to James T. Hol
land, Esq., August 29th, 1873, at twenty
minutes alter one p. m., by Benj. D. Lay.
R. M. Greene.
more, that Major Waddell’s reply is unsat is- ! subject of Shame !” **A man who*<
tongue is henceforth no slander ; M and so
dismiss yon to the oontenpt of the world !
I am, sir, T. J. Phillips.
No 38—Party to Phillip*-
At Neal’s Landing, Florida.
6 p. m., September 6, 1873
Thomas J. i'hiluts, Esq., of Atlanta, Ga.
Dear Sir: We, Benjamin D. Lay, H.D., of
Mobile, Ala.; E. F. Colzey, M.D., ofColum-
1 bus. Go.; John F. Shecut, John C. Campbell,
and George A. Wallace, of Atlanta, Ga., say:
factory to Capt. Phillips as well as to myselt.
and hence, should I not hear farther, my !
action ou the 3d instant will be the same as
it no reply had been made.
My friend, Capt. John C. Campbell, to
wbom I beg to introduce you, will hand y<
I am, sir, youi obedient ’servant,
Ben. D. Lay.
A true copy of Col. Lav ’s note, of this date,
t° Mr J. T Holland, and «blcb I saw de- i TUat we hnve al ] aecomDanicd you on ’this.
iTt ^ ’ at ; ■ vour la6t tri P t0 thU point. I the first three of
6 p. M. ot September 1st, 1878. _ | us were with you on your first trip) and have
Johw F. Hhecct
No. 32—Holland to Campbell
At Home, .September 2, 1873.
Captain John G. Campbell—Dear Sir—I
regret that I am to-day confined to my bed
by a violent attack of sickness, which compels
me to transmit you my reply to the note of
Col. Lay of yesterday by the" hands ot a gen
tleman who has kindly consented to bear it
Please hftnd the same to Col. Lav and oblige,
Very respectfully, your obedient servant,
J. T. Holland.
No S3—Holland to Lay.
Columbus, Ga., September 2, 1873.
Col. Bxiu. Li. Lai—Dear Sir: Your note of
yesterday was received by tbe hand, ol Capt
John C. Campbell, in whieh you say that the
issue I make with you is a very peculiar aud
personal one. 1 can not however, couceive
that the issue is either peculiar or personal —
it certainly was not designed to be so. Upon
witnessed, and we are all cognizant first of
the cause of your wrong, and secondly, oi all
the efforts you have made to right it, having
remained with you throughout" yonr stay at
this point.
We now cordially indorse your action <hro\ojh-
out, and declare, in our opinion, your family
houor vindicated and your antagonist sfiumed.
We are, dear sir, your obedient servants,
Benj. D. Lav, M. D.,
E. F. Collet, M. D..
John F. Shecut,
Geo. A. Wallace,
Jno. C. Campbell.
lie!erring to the practiea ot discharging
lady clerks from the public offices when they
get married, a Detroit pa per thinks it mast be
wrong, and asks: ‘ How sal a woman be ex
pected to snpport a husband if she is dis
charged as soon os she gdts one T"