Daily Republican., 1884-12-02
CLAYTON VS.. SCOWDRICK.
TH g TEsTIMONY FIHIsnED YES.
TERDAY AFTERHOON-AR-
GUMENT LAST NIGHT.

Court resumed PROCEEDINGS at three
O'Clock on Monday afternoon, and JAS.
H. Scewdrick, who was on the sand
when the recess was taken 1t ! O'Clock
was re called, and subjected to a long
and searching cross s.examination by
Mr.. BigRs. This witness was KEEP; on
tho stand until after four O'Clock, and
Piled with question after qu. stiOn
BY the counsel for the pla'Dti6,
in order If possible to break his direci
testim ony.
Mrs. Ellenoir Scowdrick was sworn.
and testified that on the 18th Of March,
1877, she paid Mr.. Walker $500, aud .
receipt for the money was lets Nv the
door. which she put away and did nos
zee again until this suit was brought.
She also remembered paying HIM $500
in the same year but could not I.collecs
whether she took o receipt Tor the
money or not. When she heart that
the mortgage had been assigned 10 Col.
Clayton, she called on Mr.. Walker, and
he assured her that she need nor give
herself any uneasiness about the matter.
~ the did not wish her to know thas
Col. Clayton bad anything to do with
1t. She first knew Of the transfer of the
mortgage in 1881.
Frank EliasoD testified that he was
q years of age February 10th. 1876,
and entered into business with his
brother the following week. He is .
son Of Mrs. Scowdrick by former hus-
hand, and Martin K. Walker was his
guardian when Mr.. Scowdrick's
goods were sold, his brother bought
goods for him to the amount of $50
he got his brother to buy them because
he WAS minor himself, and after he
attained his majority he paid Mr..
Walker, by creditipR him that much
on his account The amount of the ee-
tate belonging 10 him. and for which
Mar in Walker was his guardian, was
some ten or twelve thousand dollars.
but he could not remember how much
was due him at the time OF settlement.
This closed the evid. nee for MIR Scow.
1rick, and MIR. Biggs called j. f. Ella
SOD, who upon being sworn stat-d that.
ne Is brother of the former witness. He
was shown q receipt given by bin TO
E. Walker for $57O.47, which %
as being for goods that he
mad bought at the sale he did not
recollect having bou. hit any other
goods.
Edwin r. Cochran was sworn and
,hown an order for $44S. which he be-
believed his father rt ceived. When the
assignment was made, Mr.. Scowdrick
was indebted to his father, and after
he sale, Mr.. Walker paid 81 ,064 of this
u oney, but Mr.. Scowdrick is still in
ieA ed to bis fathers estate atout $I,-
700, with interest Tor the past nine
ears.
Edward Reynolds testified tha' at
The time of the assign ment, be vas edi-
sor OF the Middlett wn Tran.crip', and
;be sale was advertised in that psper,
out be could not remember who paid
he bill il was made out 10 Martin Il.
Walker, but he could not tell whether
I was paid by Mr.. Walker or Mr. Scow-
trick,
Joshua Clayton was sworn, and testi-
led that he had loaned Mr.. Walker
z, 600 ar d taken the mortgage held by
lin against Mr.. Scowdrick as collaier-
Il security at the time be understo od
hat the mortgage was worth its face
value Of $4,000. The deed assigning
he mortgage was shown by Mr.. Biegs,
md identified by the witness. AS
mortgage, he wrote a letter to Mr..
SOo duu hO C6hO W eco uIA
January 18th, 1883. At that time he
old the u itness that If he would to
,asy with him he would pay him the
or incipal of 81 800 still due, and the
interest, but he did not say or claim
hat the amount had been settled in
ull.
Charles E. Clay ton was sworn and
estificd that he witnessed the sigra-
ures Of Mr.. Walker and Mr.. Scowdrick
o an insurance policy, made out in Mr..
3ndd's office in Middletown. The policy
vas shown him, and he identified 1t as
he one he had witnessed.
j. Thomas Budd testified that ha
vrote the assignment of the NOR gage.
IN the 9Th of March, 1875. Mr. Walker
to raise sum of money, and
anne to the witness f; he came back
n the evening, and Col. Clayton agreed
o let him have s., 600 IL he would give
i'm the mortgage which he.held on Mr..
property. The witness
rev up the deed of assignment, and
7as under the impression that it was
gorth a 900. The witness had done
previously forboth the parties,
aving transferred a property in 1871
rom Martin E. Walker to James Ii.
and wife.
Martin b. Burroughs testified that he
7as one of the executors of Martin b.
Walker, after his death in the Winter
t 1882. In searching among his papers
Q found evidence OF this mortage, nnd
aw Mr.. Scowdrick in reference to it
q did not deny owing 1t, neither did he
laim that 1t had been paid, but be did
ell the witness that the understanding
With Mr.. Walker was that the money
ealized from the sale, should oe ap-
lied on the mortgage. The witness
Jund Mr.. Walkers estate iHsolvsnt,
nd his business in great confusion, as
10 did net keep any books. This wit
ess was subjected to long cross exam
nation by Mr.. Hoffecker, and WAS
nally allowed to leave the stand a
ew minutes before 6 o'clock.
Thomas Davis testified that he was
he attorney for Mr.. Borroughs hen he
vas executor for the estate of Martin
:. Walker, and wrote a letter to Mr.
telling him to come to his
flee. When he was there he did not
lain that the mortgage had been paid,
nd the witness did not know that any
uch claim was made until after lo
that Mr.. Scowdrick had eDga-
ed counsel, whea he asked Mr. Hot
ecker about it,and he asserted that the
mortgage was paid in full.
In looking over the assets of Martin
:. Walker, he found that he owed a
lote Of 81, 900 to Colonel Clay ton, which
10 wanted to take up, but upon
hiding the estate involent, he wrote 10
dr. Scowdrick in reference to the mort
age, a 3 he was under the impression
hat tb are was enough due from that
ouroe to settle the note. In answer to
his, he received a letter from Mr..
'cowdrick giving a statement of tho
amounts which he had paid, which left
! balance due of 81 800. This was before
DIR. S,owdrick had engaged counsel.
Harry Sharpley was called to prove