The Evansville journal., 1868-02-05

charges OF fraud were Withdrawn 10
c urt, by my attorney. be says that
which he knows to be untrue. The
charges Of fraud we're not Withdrawn,
and acre proved. The statement
made by my attorney was. that as to
the charae of fraud IN taking the in
ventory, he should not insist that it
was fully proved, but there was strong
reason to believe that at that time
Holcomb contemplated fraud upon
the estate. La taking the inventory
/. .ofithe estate nearly all the notes were
appraised at sums beloa0 their face.
At the March term, 1863, Holcomb
made a report to the court, Under
oath, in which he stated that the
whole amount of the personal assets
aCdS The amount OF the Inventory, thus
attempting to cheat or defraud the
estate out of the difference between
the appraised vdlate of the notes and
the sum actually due thereon. And
for this reason the court refused to
confirm his report, and ordered the
clerk to notify him of the same. At
the March term, 1864, Holcomb pre-
sented to the court another report,
under oath, in which he again charged
himself only with the amount of the
inventory, and a second time attempted
10 swindle the estate out of the differ
ence between the appraised value
of the notes, and the amount actually
received by him. And, also, attempt
ed to palm off on the court a receipt,
found by him among the papers OF the
deceased, as a payment made by him.
| refer to receipt given by Lewis,
| Evans & Co., to my father about three
years before his death.
To this report objection was made
| by the heirs, and leave was given by the
court, (Thomas E. Garvin, Esq, being
Judge, to file written objections to the
report within sixty days. Those OBJ
! jections were filed in writing within the
time, and are now on file Ia the records
of the estate In those objections
Holcomb was especially called on to
| furnish undcr oath a particular state
ment of the amount of money re-
ceived from each debtor of the estate.
At the next July term Of the Court,
| when the objections came up to be
| heard. it was not until the Court by
special order had compelled Holcomb
to furnish plain and simple state
1 ment of the money received by him,
that he would consent to do so. Thus
it took the Court of Common Pleas
sixteen months to get out of this
model executor a plain statement OF
the amount he had received for said
estate.
And when such detailed statement
was produced by Holcomb, as pre-
pared by his then attorney Colonel
Embree, the statement showed that
he had actually received the sum of
1922 81 more than the amount he had
tl1ice previously s10OT71 to, as coming
to the estate. And, fearful of being
indicted for perjury. by the Grand
Jury, he abstracted the report from
the Judge of the court could not in
duce Holcomb to make fair and cor
rect report of the condition of the es-
tate, after trying for period of SiG-
teen months, he was removed from his
trust; and the only fault attributable
to Judge Pitcher, in the matter. is
! that he did not remove him twelve
months before.
Nor is this all. On the third day of
February, 1864, Holcomb filed in the
Court of Common Pleas a petition,
verified by his oath, stating to the
Court that the whole personal prop
erty of the estate was insufficient to
pay the legacies and debts filed and
dllo,oed against the estate; and ask
ing for an order of the Court to. sell
certain real estate. belonging to the
decedent, for the purpose of 1abling
him to pay the debts and legdcies.
!. Which petition is now on file In the
papers of the estate.
After Holcomb was removed, and
after every debt and legacy had been
paid by him, and before suit was
brought against him. he voluntarily
paid me, as administrator, de bonis
non, the sum of $146 20 And on the
trial of the cause and after Holcomb
had had an opportunity of st0earing
to everything he dared swear to, with
the Penitentiary before his eyes,
the Judge of his own selection
found Judgment against him, in
favor of the estate, In the
further sum of $203 90, exclusive
! of costs. And, also, found that Mrs.
Duncan was entitled to payment
from Holcomb, which is not vet paid,
of $50, making in all 1929 20 To
which add note of Charles T. Shan
ner, returned by Holcomh to me, for
$50. Thus showing $449 20 which
Holcomb had in his hands over and
above all the debts and legacies, his
allowance as executor included. at
the very time he presented his petit
ton to the court, in which he makes
oath that the personal property was
E insufficient to pay the demands against
} the estate.
Twill further state, that as admin
istrator, de bonis non, last week made
final settlement of this estate; and