The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1882-11-24
A Mach. Protested Note.

n MuCusI IOtcSItQ NOlcs
It Is doubtful if there could be q
stronger protest made against . note
than was once made by Judge Charles
b. Cummings. When Cummings was
younger man. and practically before
the courts of Western Maine-chiefy in
Oxford County-he was waited upon by
young man named Hobbs, against
whom suit at law had been instituted,
Tor the payment of a certain note OF
hand, said to have been found among
the papers of arnold money-lender, then
lately deceased.
Hobbs-then not quite five-and-twenty
years of age-explained the matter to
Cummings thus, and the truth of his
statement was avouched for by several
men of undoubted standing, who were
personally cognizant of the facts.
While in his eighteenth year-during
the winter before his eighteenth birth
day anniversary-Ho5bs borrowed of
old Solomon HOugh the sum of fifty
dollars, which amount he agreed to pay
. back in work. During the spring fol-
lowing the borrowing of the money, he,
worked for the old nan loyer month
in blowing and planting; then he
worked again in haying. and, again.
through the harvest time, when he con-
cluded he had worked enough. All
told, he had worked sixty-five full days,
eating his dinners, on those days, at
Hough's table-if table it could be
called. And, further-six disinterested
men, to whom the matter was referred,
decided that Hobbs had fully paid the
sum borrowed.
But old Solomon was indignant. The
boy wasn't worth more than fifty cents
day, anyhow; and he managed to cram
down very nearly that moneys worth of
food each and every day he worked. On
the other side, any number of reliable
witnesses would swear that Hough never
had fifty cents worth of food on his table
at any one time i'm his life. The old
money-lender was wroth, and declared
he would sue, but he never did. But.
Hobbs would swear to what the old man
did do. He sat down and made regu-
lar promissorv note for the full sum
borrowed fifty dollars-madei it payable
in one year from date, with interest
annually. value received, etc., and
signed Wallace p. Hobbs name, doubt
less intending at some future time to-
come down upon the man with that bit
of paper. Or he may have thought that
Hobbs might die, and leave property
behind him, in which case the note
would be handy thing to show to the
executor.
But old Solomon Hough died first;
and his heirs, or his administrator, found
this note. with many other notes,
amongst his effects; and straightway the
note was presented to young Hobbs for
payment, which. OF course, he refused.
And then the administrator sued; and
this was the suit which Cammings was
to look after.
Judge Holden was on the bench. The
trial came of in the Crooked River Dis
trict.c When the case was called Cum
mings arose and demanded an indefinite
postponement of the whole matter.
why" calculated the Judge, 81
never heard of such thingr'
" Your honorr' roared the plaintiffs
attorney, '.the thing is impossible. II.
can't be didr'
:. 1t will have to be dill in this case,f
said Cummings, with a suggestive nod
to the Court.
''But, Brother Cummings" the Judge
went on, anxiously, ''what do yon mean:
What are your reasons for making such,
a motion?"
Cummings called for the note; and
having taken it in his hand looked il
over. he said:
"Your honor; in the first place the
defendant in this case was child, under
age, when this note was made! In the
second place, he never made the note
Ii is forgery, as we can prove! In the
third place, as you can see by CHANGING
at the face of the thing, it is outlawede
And. may it please your Honor, in the
fourthiplace- lastly-the full amount
of that note has been duly and truly paidr
All of which stand ready to prover"
There was Huttering in the court.
Several men pressed forward and whis-
pered to the plaintiffs attorney; and
pretty soon he stood up in his place and
coughed, and give pull at his cravat,-
and then said he would Withdraw the
case if the Court was willing.
Yes-the Court was willing; and the
Judge facetiously remarked, as he wiped
the case from his docket:
:. Really, gentlemen, that is what
might be called-a much protested noten'
M Y. Ledger.