The daily intelligencer. [volume] (Seattle, Wash. Territory [i.e. Wash.]) 1876-1881, 1880-11-27
A Personal EXPLANATION.
SEATTLE. Nov. 10Th, 1852.

SEATTLE. Nov. 10th, 1882.
EDITOR IsTELLIGEScER:
In your issue OF Nov. 23i you state
that during the discussion in coart Mr.
James Mcknight. a. attorney for q
number Of the persons in interest. made
s proposition TO compromise all the
differences existing between Yesler and
ColmaD, which by many was considered
fair and equitable The proposition.
as stated by you. was the payment of
$50. 900 in gold coin By CoIman and
costs OF suit, and the return to Colman
of tbs mill property, q deed thereto by
Mrs Yesler and the release of the same
by John E McLain.
Inasmuch g the exparte statement
made by you, that the prepCs ton Is
'tair and equitable, may nislead per-
sons not couversant with the facts. es
10 nay action in the premises. deem ID
proper 10 furnish you q brief statement
concerning the offers Of compromise
which ! have made from time TO time
for the purpose Of ss,tling this contro-
versy.
sold the Seattle sawmill property
TO Mr. Gilman In Sept. 1876. tor $4j.
600, which smoun. be promised to pay
on demand to John L McLain. with
interest thereon at 1t per cent. per
month. Imade this sale in order 10
raise means TO pay off large indebted
ness. on which l was then, and have
ever since been paying high rate OF
interest. About q year and g half
elapsed. during which time frequent
demands were made on Mr. Colman to
pay the indebtedness 50 contracted, but
be refused to pay the same or pscog-
nize in any manner my claim to tue
purchase money. Before any suit was
instituted, l made various offers Of COM
promise. ! offered to take the mill
back and take q small rent for the use
of the property while he occupied it,
but the offer was not accepted. also
offered to extend payment of the
amo INT. so he could pay in monthly To-
stalImeIts of one thousand dollars. ]
offered to take the Macintosh corner
brick for $4,000 and thu balance in
monthly installments. with the priv
lege Of redeeming the building at the
same price at any time within five
ye.is. / made various other offers OF
compromise before commencing suit
which were equally reas onab,e. but
they were all rejected. Mr Colman's
theory was. that q portion of the saw
mill property was situated below high
water mark. to which / had no legal
title. aud hence he could enjoy the
fruits of his contract and remain in the
possession of valuable property on
which | had expended many thousands
Of dollars and at the same time refuse
to pay the purchase price agreed on |
was finally compelled to bring suit 20
enforce the specific performance of the
contract, and succeeded after protract-
ed struggle in Sept. 1878, in securing q
Judgment for $53,063, the same to bear
interest at the rate of Il per cent. per
month. During the litigation no offer
was made to rescind the contract, a.
Mcknight, the astute counsel of de-
fendaLt. undoubtedly believed in his
ability to deprive ne of both property
and the purchase money.
From this Judgment an appeal was
taken to the Supre ne Court, which
latter court dismissed the appeal in
July, 1879 Pending the appeal the
mill was destroyed by fire, whereby my
security for the recovery Of my judg-
ment was greatly diminished. l again
made various off,rs of compromise, but
none were accepted. was always
willing to sacrifice large portion of
my legal claius against Mr Colman. to
avoid further litigation, and have made
such offers within very recent period.
After the appeal was dismissed the case
was remsnded to the District Court,
and efforts were made to enforce the
collection OF the judgment. A motion
for a new trial was made and earnestly
urged by defendant, but overruled By
by the court. A writ of execution was
Issued and motion was made by de-
fendsnt TO qussh the writ. which was
likewise oyerruled. The mill property
(minus the mill, which had been con-
sumed by FREE WI finally sold on exc
cution for $4,000. and a persistent.
fight was made by def, ndant against
the confirmation of the sale. During
the pending Of this fight al the pro-
perty which Mr. Colmsn had ,sas placed
out Of his hands, aud conveyed TO
other parties, whether in good faith or
not remains to be determined. He
transferred $l20, 900 In railroad stock
and convey Cd valuable city property g.
persons in his employ. He executed a
mortgage of $22. 900 on the Macintosh
corner brick to q San Francisco firm
and disposed of ell his other property
until there Was nothing left in sight,
The court having confirmed the sale Of
the mill property and also the sale of
the Maokintosh corner brick realized.
from said salts and the sale of other
little personal property. on my judy
ment, the total SUN Of absut SIS, 900.
leaving all tina balances still due and
owiag me. Five other suits are now
pending IN the District Cont srising
out Of this controversy which remain
UNI etsrmined. Feur of these are
brought by persons claiming under Mr.
Colman TO resist the collection OF nv
judgment. and one was brought by me
azains. the sureties on the appeal bind
Of ColmAn TO recover the penalty thsrs.
OF. In oil these legal proceedings the
defendant. through his Numerous couu.
sci. has made constant and energetic
efforts to prevent my recovery of sin
gle cent. and have been compelled
during all these years TO incur large
Indebtedness for counsel fees. had to
pay large costs and expenses incident
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