﻿62 
  History 
  of 
  Durham. 
  

  

  ing 
  and 
  chara<iter" 
  was 
  sufficient, 
  to 
  establish 
  one 
  fact, 
  in 
  

   equity 
  Mr. 
  Armistead 
  is 
  estopped 
  to 
  deny 
  tliat 
  it 
  is 
  sufficient 
  

   to 
  establisli 
  another. 
  But 
  whether 
  he 
  is 
  estopped 
  or 
  not, 
  

   he 
  is 
  committed 
  to 
  the 
  fact 
  that 
  ho 
  accepted 
  their 
  evidence 
  

   as 
  conclusive 
  of 
  Mr. 
  Wright's 
  title. 
  

  

  The 
  signers 
  of 
  the 
  said 
  certificate 
  were 
  W. 
  Y. 
  Clark, 
  Wm. 
  

   Mangum, 
  R. 
  Vickers,?. 
  J. 
  Mangum, 
  S. 
  Shepherd 
  and 
  Nash 
  

   Booth, 
  all 
  of 
  whom 
  are 
  witnesses 
  in 
  this 
  case, 
  the 
  first 
  for 
  

   applicant, 
  and 
  the 
  others 
  for 
  Mr. 
  Blackwell. 
  

  

  W. 
  Y. 
  Clark, 
  applicant's 
  witness, 
  says, 
  on 
  cross-examina- 
  

   tion, 
  in 
  respect 
  to 
  said 
  certificate 
  : 
  

  

  " 
  I 
  can't 
  say 
  I 
  understood 
  the 
  paper 
  at 
  the 
  time 
  Mr. 
  

   Wright 
  read 
  it 
  to 
  me. 
  As 
  I 
  knew 
  he 
  was 
  the 
  first 
  man 
  that 
  

   put 
  up 
  plug 
  and 
  smoking 
  tobacco 
  at 
  Durham, 
  I 
  signed 
  it. 
  

   Can't 
  say 
  that 
  I 
  did 
  mean 
  to 
  convey 
  the 
  idea 
  that 
  he 
  was 
  

   the 
  originator 
  of 
  the 
  Durham 
  brand, 
  as 
  I 
  never 
  saw 
  the 
  

   brand." 
  (p. 
  148.) 
  

  

  Wm. 
  Mangum 
  (p. 
  93) 
  says 
  : 
  

  

  " 
  I 
  signed 
  a 
  paper 
  Mr. 
  Wright 
  had 
  concerning 
  smoking 
  

   tobacco, 
  * 
  * 
  stating 
  that 
  he 
  was 
  manufacturing 
  smoking 
  

   tobacco. 
  * 
  * 
  I 
  dij 
  not 
  read 
  the 
  paper; 
  signed 
  it 
  on 
  his 
  

   representation 
  ; 
  did 
  not 
  understand 
  him 
  to 
  mean 
  that 
  he 
  

   was 
  the 
  first 
  to 
  use 
  the 
  word 
  Durham. 
  I 
  simply 
  meant 
  to 
  

   say 
  that 
  he 
  and 
  Morris 
  were 
  the 
  first 
  to 
  make 
  smoking 
  to- 
  

   bacco 
  here. 
  I 
  can't 
  read 
  writing 
  unless 
  it 
  is 
  very 
  good; 
  I 
  

   am 
  a 
  very 
  poor 
  scholar." 
  

  

  Riley 
  Vickers 
  (p. 
  88) 
  says 
  : 
  

  

  " 
  Mr. 
  W. 
  A. 
  Wright 
  and 
  Mr. 
  Clark 
  came 
  to 
  my 
  house 
  

   with 
  an 
  instrument 
  of 
  writing, 
  and 
  stated 
  that 
  he 
  was 
  put- 
  

   ting 
  up 
  tobacco. 
  * 
  * 
  I 
  had 
  the 
  paper 
  in 
  my 
  hand, 
  but 
  

   did 
  not 
  examine 
  it 
  much. 
  1 
  thought 
  that 
  was 
  the 
  purport 
  

   of 
  it; 
  that 
  is, 
  that 
  he 
  was 
  the 
  first 
  to 
  put 
  up 
  tobacco. 
  I 
  did 
  

   not 
  know 
  what 
  the 
  smoking 
  tobacco 
  first 
  put 
  up 
  at 
  Durham 
  

   was 
  called." 
  

  

  P. 
  J. 
  Mangum 
  (p. 
  124) 
  says: 
  

  

  " 
  Mr. 
  Wright 
  brought 
  the 
  paper 
  to 
  me 
  ; 
  I 
  was 
  then 
  run- 
  

   ning 
  an 
  engine, 
  and 
  hesaid 
  he 
  wanted 
  to 
  get 
  some 
  signers 
  

   * 
  " 
  to 
  show 
  * 
  * 
  that 
  he 
  could 
  work 
  the 
  Durham 
  to- 
  

   bacco. 
  -^ 
  * 
  I 
  never 
  read 
  it; 
  onlj^read 
  a 
  few 
  lines 
  on 
  the 
  

   top 
  ; 
  was 
  too 
  busy 
  to 
  read 
  ; 
  did 
  not 
  propose 
  to 
  say 
  or 
  do 
  

   anything 
  to 
  establish 
  the 
  fact 
  that 
  Mr. 
  W. 
  A. 
  Wright 
  was 
  

   the 
  originator 
  of 
  Durham 
  brand 
  smoking 
  tobacco." 
  

  

  