The enquirer. [volume] (Richmond, Va.) 1804-1815, 1810-02-08

A GREEABLY to the above invitation, shall
"a proceed to state the grounds on which =
claim offsets TO the above notes. In TIE first
place, they were given part for an estimated
quantity OF coal 1t the Deep Ru1 Pitts, On the
condition that they should be credited For the de.
Gciency, or charged with the excess which might
9ppear on actual neasurcnent---the reader ia re-
ferred this subj sct 10 the certificate of Rcbard
Randolph below From his statement. which /,
corroborated by Nicoson and Hcti's written CON
tract, now in my possession, it will apasar thar
they have no right 10 pass of or negotiate these
notes, until the terms which lhev received
them he complied with AMI from the best inf,r
nation can obtain, they hold these notes For at
least $4,000 bushels O. coal more than the ,,uan.
tity on hand. In the next Mace. Nicrlson md
Heth owe Mr.. Silliat and my self tina rent on the
very coal for which these notes scs eivsi, IN fact
they have paid no rent the D--n Pun Coal
Pitts for the years 1903 md 1909. Ga he con.
trary, they have lyailcd thcnseIves Of the DELAYS
of the law i'll order TO avoid payment-and after
three four ansucccssfG! a!iplicstuns +, the
ChaNcellor, have signife3 their Determination to
carry The subject 10 The Conrt Of Appeals; the
frivolous preteSt they give tn" Withholding pay-
mcnt IS. that they have paid The rents to MIR. Da-
vd Ross, when in fact, MIR. Ro's had, to the
kno Wedge ST both Nisoson and Heth previous
to their making the si,edrcd pavrasat tran ,E.rred
to me his part Of the Deep Pan PITTS, toce:her
with ms interest in tile Lease. in WHICH there is
| clause that expressly prohibits them from, with
holding any part of the lease money! bit for GER
tain repairs made and mutually admitted ON thu.
dernised premises-So much for Nicolson AMI
! tisth and here should have droppcd the snb
jrct, had not Harry Netn who | lind to he tn.
writer IF the above mvtstion) mentioned the de.
licate subject of character this being tina case
/ cannot in justice to myself and him pass linn
| over i'll >iisiice. This among many other
wicked and malicious expedients 70 do me MUS
tice, has lately instituted \ suit in chanccry a.
goinst me to recover back the sum of two thou
sand dollars, which he Justly owed, ani which,
has been paid me tina only exhibit accompany
inS his bill is flied by him as a copy OF letter
the riginai OF which he says had been delivered
me. III which iind te has falsely transcribed the
only part of the letter that applies 10 the subject
| of controversy.
j have many reasons for wishing TO, decline
seeking my rights in the court of appesls. to
which in the present instance, is added nv rne
quail chance of contendng with man who s
capable OF furnishing false transcripts, and being
| disposed 10 have an immediate adjustment Of
ali pecuniary differences. J. in my turn invite An
| drew Nico!son and Harry Heth, to come for
ward pay the rents due, and arbitrate the OTHER
points in dispute this done, the notes in question
shall at maturity be punctuaIly paid, otherwise
they must accompany the question tor rens TO the
Court Of Appeals.
M w. HANCOCK.
| lido hereby certify that entered into Tie con-
tract with Nicholson and Hetn, under which the,
above notes were given and thai it was fully
understood between Mr.. Eieth and myself and
so expressed in the written contract, that the.
obligations for the Coal at the Deep Run Pits
were entitled to credit for the deficiency (if a.
ny there shsuld be,) in thelcos after an actua,
measurement, end hat l still consider those
lnotcs entitled to a credit, aforesaid, if there
lsh0Iid prove deficiency in the Coal
Gwen under my hand this 9th day of February,
1910.
l. RICHARD RANDOLPH
| RichynOnd Febr,tarv