Arkansas weekly mansion., 1883-12-01

fendant. and could not sue him.
self, and SCOTS case was in the
same condition, but jerome Lew
is had withdrawn from the
church and was no longer a trus-
tee, consequently his successors
were bound to him tor money adj
vanced, whether advanced for
st. Mary's or Bethel chapel, of
the A. NJ. f. church, providing
that the Indebtedness was OF
fraudulent, which was not set up
in either case.
w. A. Rector was called and
duly sworn: was q trustee at the
time the debt was contracted, and
is trustee now; knew the mon
ey was borrowed to purchase St.
Mary's chapel; don't know wheth-
er any has been paid or not.
w. Davis sw orn. Have been
member of Bethel church nine
years, a steward, trustee and at
present a member of the investi-
eating committee or board OF ar.
bitration. I
Jerome Lewis sworn and said,
he was a member of Bethe el chap
ell for thirteen years and trustee
when the Indebtedness was con-
tracted, that they never could do
anything legally except the pas
tor was present, or appointed
some one to act for him. He
would sometimes appoint Father
Warren and sometimes me.
The money was loaned by us to
purchase the St. Mary's chapel.
When my note was renewed l did
not give up the old one, because l
could not find it, but the amount
was S266.7O with interest to that
date making it $50. 1 donated
the $210 and accepted renewal
note of Indebtedness drawing
i per cent interest for $500,
signed by Pastor as president and
Henry Simkens as secretary, on
beh:lf of the trustees. No bust
ness was legal except signed by
the pastor and secretary OF the
board. The s21O charged to my
account by Elder Jenifer, was the
$21O l donated. also donated
$40 besides that, all of which was
credited on the books by Jeni-
| fer"
Geo. w. Winstead, sworn and
said: 81 was trustee when the
Indebtedness was contracted. We
went up stairs in Rector's house
and authorized the borrowing Of
the money in question. All the
trustees were present at the time
and signed the notes."
Jenifer got up a stub book
for the purpose OF issuing Ger
titicates O.! Indebtedness of the
the church, offered it to the peo-
pie for their adoption, which they
received and adopted and all
agreed to pay. the church indebt-
edness. [ have been a trustee
ever since it has heen a church.
Lewis had a note just like mine
only the amount was more.
Cross-examined by Judge Rat
cliffe: "Did Jenifer cal! the peo-
pie together and read out the
amount"
Answer. "Jenifer read out all
the Indebtedness by numbers,
but / don't remember whether
be called Jerome Lewis and said
what it was for or not.
The case was argued pro and
con. Radcliffe made a very san
guine speech and spoke as if
there was no case at all. IT eve-
rything else held good, he entered
plea of statutory limitation as
the first note run over five years
before it was renewed and the
certificate was Outlawed if it was
ever considered a note, as the five
years expired Oct. Is, '83, and
suit was only commenced Nov.
10th, 1888, and afterwards claimed
that it was only an account
which was barred by statute of
limitation in three years, thus
taking three chances to one.
Judge w. F. Hill for the plain
titfs, held that it was not very
creditable for Bethel church to
try to get out of paying her debts
on technicalities, that if the
debt was honest it should be paid.
He. held that the plea that the
debt was contracted for the St. Ma
ry's property was bar, vas pre-
posterous. That any set of local
trustees could buy and hold
church property any where in
their community, which would
make any and all the property
held in trust by said trustees, IL
able for the obligations of the
trustees, as the laws of this state
authorizes trustees to purchase,
build or improve property held in
trust, just the same as if it be
longed to them. The jury being
q lot of intelliuent merchants,