Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1874-07-03
A WITHERING REBUKE.
One OF BrieH's Worst ISLANDERS
Against Chancellor Cooper
Exposed.
" Pathetic Interest" That Is Wasted
ON the Desert Air.

j. c. Warner, administrator Of the estate OF
NV father. the late Andrew Ewing, never
tbeless permitted decree TO be entered be-
fore him as Chancellor, confirming the re-
mort of the Clerk and Master relative the
correctness of j. T.. Warmers accounts as
administrator of the estate of my father,
sn5 allowing to Mr.. Warner compensation
for services rendered as such admins
TRAITOR.
/ cannot, consistently with my idea Of
what is right, allow my fathers partner and
friend TO suffer on my account, through
MISREPRESENTATION, in the opinion Of any OF
the citizens of Davidson county, to whom
he NAV not be known; for / take it to be
true that the iarae body to whom he IS
known, know him to be utterly Incapable
OF committing an Intentional wrong. Ihe
facts in the case, then, are briefly these;
Scott after the death Of my father at
Atlanta, in 1884, my uncle, J. Q. Warner,
at the urgent solicitation of my fathers
widow and eldest children, because Of the
confidence they repOsed in him, undertook
the administration Of his estate. Through
loses occasioned BY the war, the condition
Of the estate was such that, to protect 1t
for the general creditors and heirs, 1t was
Necessary to proceed in the Chancery Court.
Very naturally, MIR Warner applied TO
Judge Cooper to file the bin for him as adj
miuIstrafor against the heirs and creditors
of the estate. This Judge Cooper cheer
fully did, and for three or four years there
after rendered to the administrator most
material aid in collecting monies due the
estate and otherwise benehtting it for those
entitled thereto
Al TINS period-IS69 or 1870, | believe
Judge Cooper ceased to have any eOnnee-
ton with the estate Of my father, MI
Ewing, II. Ewing, ST.. my fathers broth
er. agreeingtC give TO Dir. Warner, the adj
ministratOr. Whatever legal aid he mlShs
re0uire. and this, since that period he las
kindly done.
In the spring Of 1873, the estate having
been virtually settled, Mr.. Warner was
anxious TO have his accounts as admlnStra-
tor passed upon, and, if they were found
10 be correct, he desired TO be discharged
from further care and responsibility CON
corning the estate. To this end, be re-
ouested me to obtain from the COurt-as he
expressed it-an order upon him to come
forward and pass his accounts. l applied
TO Judge Cooper, then sitting as Cham
cellor. for this order; but, upon my applica-
ton he remarked that, though he had long
since ceased to have any connection with
the estate. vet he regarded himself as tech
njchally incompetent TO grant orders III the
causs and suggested to me that / bring the
matter before Chancellor Fleming, who
would during the following week sit as
| Chancellor in cases in which ne vas IN
competent. deferred my application until
! Chancellor Fleming came, and the minutes
of the court show that the order calling
upon tie administrator 70 pass his accounts
before the Clerk and Master was granted
by Chancellor Fleming.
Under this order, Mr.. Warner appeared
and passed his accounts, / being present
| and representing the other heirs. The OF
| fcer OF tie court before whom the admins
| traitor appeared remarked that lie had Kept
| nj, accounts unusually clear, and, in his
reDort 20 the Chancellor, certified that ''the
! administrator had produced vouchers
Tor ~, disbursements The Cierk :
rs,,ort waS made and there were
no exceptions Md thereto. Chan-
| ceIlCr Fleming hsvius returned u
Coluuitia. and. not knowing lhat theie
was apv arrangement for his return iseie' ol
the sitting of any other Chancellor IN tl-e
room of Judge Cooper, L br0agit the re-
mort of the clerk before him for C0nnrIna-
ton. lie ssain called my attent on 70 MS
technical Incompetence. WhereJIpon re-
piled TO him that ], for myself and Inc
! other heirs, had carefully examined tine re-
mort before the Master ut the time tHs
vouchers Of the administrator were passed
upOn: that | was well SIt'shed with the
! correctness. and that, since the Leirs were
satisfied, I knew Of 10 one else who had the
right 10 complain; but that, if he so pre-
| feTred. would insert in the preliminary
/ n7rs of the decree the statement that Tor
! rraUber Of years he had been IN no way
concerned IN the management OF the Affairs
of the estate, and that 81 the time the lie
cree was entered he was In no way III
terested.
The decree. rs thus drawn, now appears
on the inmate book of the court. In ms
report. the Clerk and Master allowed the
! administrator the usual compensation OF
| 6re neT cent. for his services, which, IN sne
| aggregate. amounted to Sl,297. lie re-
| t.orted this SUN rs reasonable and just. L,
| fi,r F,seifanL representing the other heirs,
| not oniv SnGw that such sum Ought to De
allowed him, but believed it tobe piiiaoly
| small reward for arduous services extending
over period Of ten years.
| u may, however, be of interest 10 Ar.
| Brien. since he has seen mt TO take such
| pathetic interest in the supposed wrongs
| dofs 70 my family by or through either
| Judge Cooper CT MF. Warner, 10 Know tilat,
| so far as l am aware, Judge Cooper has
never demanded nor received any c0mpel-
| sation whatever for services rendered 10 TOE
| widow and children Of his old friend, ana
| that of the s., 29T received by Mr.. Warner
| fer his services he. Of his own free VIII,
cave $500 Of il 20 his sister, my Mother.
IL is uoDer here to state that MIR. i. W.
| NaeGill. who married the widow OF my
half brother, Andrew Hynes Ewing, has,
since the entry Of the decree complained OF
by Mr.. Brien, seen fit to file a petition be-
| fore Chancellor McHenTy 10 have that pOr-
ton of nv fathers estate to which his wife
is entitled. set apart TO her and also TO ex-
| anime into the correctness Of Mr. Warner S
| accounts. To that petition a. fun answer
was filed. Nr. Warmers discharge as admin
istratOr not having been specially pleaded.
Under this proceeding good deal OF proof
! was taken. extending back for many years.
When we were about to take the deposition
of Edwin H.. Ewing, ST., in regard TO the
matters mentioned in the petition, he re-
marked 10 Mr.. MacGill that, rightly un-
derstcod. there was DO cause for litigation
concerning the estate, and gave to Mr. Mac
Gill a full and clear statement OF the man
ner in which the estate had been conduct
ed. The portion of the estate that rightly
belonged to his wife was thereupon agreed
on and set apart to her, and this | suppose
| is AN end of that matter.
II is untrue that Chancellor McHeITy has
uaturned any of Judge COOper's DEGREES N
tbe cause. Mr.. Warner does not, nor dc
nv fathers children for him, rely upon bis
discharge in bar Of any proceeding
| whatever. They rather court an inve stlga
tion. from any having the right, who may
sunnose themselves to have been in the
| SLIGHTEST particular wronged-
hope / have thus made il PLAIN 10 thos'
who wish to see, that, Throughout TIM
whole affair. Judge Cooper Is wholly ire'
rom fault. and that if there is any wron;
In n. i whom he specially cautioned, am u
| blame. ,.4.4
what Is but fair, even in an election, i3i
when he was having certified copies OF W
| -. .F....loI ~ maize. ! reQIteSte