The Abilene reflector. [volume] (Abilene, Kan.) 1883-1888, 1885-03-19

free, and it was mine. And he left it to
me by name in his will, and his will not
month made. Mr. Cuyp came to see me
this morning."
"What did he say:"
80, he assumed kindness; said he was
sorry, and was not disposed to Cypress
me, and was quite willing should remain
on the place a year without rent. That
looks suspicious; for it is not like him.
What am to say"'
"Say nothing at present Do you wish
me to act for you"
'If you please"
"Wel, then, if Mr.. Cuyp speaks to you
again, send him to me. Do nothing, as
well as say nothing, meanwhile, without
my advice. 1 shall look into the affair at
once. Has your fatherI have a reason
for askinglleft much ready money!"
"No, sir; only little over nine hundred
dollars. That is what strikes mo as singu-
lar. He had no thirty thousand dollars
this year, l am confident. 1t is terrible,
this thing"
"Don't distress yourself, pray. You are
in possession, at all events. Excuse me,
bnt it is just possible that your father may
have been-that is, they may have got him
to sign when he was not quite himself"
80, no, Mr.. Bonsan. Papa was some
times a little overtaken by wine after
dinner; but then his writing would have
shown that. That signature was made-if
he did make it-when he was perfectly
sober"
81 agree with you there, Miss Prescott;
but do not say so to any one else. If any
one suggests he was intoxicated when he
signed il, be particular to express no doubt.
In fact, say nothing at all on the subject.
Refer all to me-"
Every good, sir; shall obey your direc-
tons"
We then parted. l could not see nv way
very clear in the case, but it was worth
fighting. Still thinking upon it, walked
over to the pOstoffice, which was kept in
one of the village shops, or country store,
to get my letters and papers. The shop
keeper, Peter Brown, was alone, his clerk
being at dinner. He handed me a letter,
which read, and then began to chat with
him. There was a paper-covered book,
used for making charges, loose blotter.
lying on the counter. Mechanically |
opened and shut it, when the paper in it
attracted my attention.
''May ask where you got this book?" I
inquired.
80, that is of my own maker' he said,
and then told me how he acquired the
paper.
1 opened the book again, and turned to
the last page.
This has only forty-six pages" said.
Zone less than Guire."
"You noticed shat:" he replied smiling.
81 can tell you how that occurred" And
he did.
When he had concluded said: "Brown,
ticular friendship for Ben Cuyp, have
your"
"Cuyp. the old Hunks? No; why?n
81 wish you would go over TO the Clerks
Office and get Parsons to let you look at
the Prescott deed for the Four Section Pur-
chase. 1 know you're not a leaky vessel,
and can keep a thing to yourself. Now,
no matter what may strike you when you
examine that deed-and something arW
strike you-say nothing about it to Par
sons, or to any one, but come over to my
office as soon as you are through"
81 don't see what you're after; but I'll
do it as soon as Bill comes from his din
ner."
1 went over to nv office, and sat there
waiting for Brown, who cam9 in after a
half hour. The moment he saw me he
whistled. Then we had long conference.
The result of it was that I made up my
mind to file bill on the equity side of the
court, to set aside the conveyance. | said
nothing about this TO Miss PRESCOTT, though
l told her had great hopes that the deed
would not stand. \ day or so afterward
just as / was getting my case in shape,
Cuyp called on her again. She was incau-
tious enough to say that the deed was
fraudulent, and she would fight it: and Ben
went off very angry. Cuyp felt that he had
strong case, and took the bull by tn
horns. Miss Prescott was served with
notice of ejectmeut.
Two weeks, or whereabouts, after the be-
ginning of the proceedings, Moses M'Kis-
sen stepped into my Office, aad asked me if
would lend him my copy of Hood on
Executors" for day Or so. Let him have
it. was satisfied. however, that he had
come for quite another purpose. So | asked
him to take smoke, furnished him with a
pipe and a chair, and waited for him to
open his batteries. He soon came to the
point.
''Miss Prescott has retained you, 1 see,
in that eiectment case"
eyes" ECN
81 don't see what she has to stand on.
The deed is all right and can't be got over
know the whole transaction"
81 think the deed can be set aside" l
said.
~ should like to know on what ground
But that's your secret"
81 don't know, M'Kissen, what secret
there is in it. You have enough knowledge
of law to be aware that deed executed bv
man under the influence of liquor is
worthless. A drunken man is not compe-
tent to make a conveyance"
"Pooh! pooh! When Trescott wrote his
name he was as sober as you and 1 are
now, and know it. was present and saw
him write it."
"What if we should be able to prove that
he was stupidly drunk all day on the date
of the deed?"
eve can prove by dozen good witnesses
that he was not"
"Wen' responded. $50 you are party
in INTEREST,""
'Nothing of the kind. But do so much
business for Cuyp that | get in the habit of
mixing up his affairs with mine. It is no
matter to me whether you get the better of
Cuyp or not; only, SO far as the deed goes,
that's all right
other peoples rights and wrongs, Mac. Pve
said now more than lawyer should. But
don't you run away with the notion that
you have the ground of our defense. That's
the last thing I'd tell YOU. No doubt you'll
be able to prove that Prescott was as sober
as judge. Don't forget to send back that
Hood by Saturday. l may have use for
it."
M'Kissen went off fully impressed with
the notion that we would contest the deed
on the ground of incapacity of the grantor;
and this was what wanted.
The case excited deal of interest and
public sympathy ran in favor of Miss Tres
colt. But, much as Cup was detested,
every one except Peter Brown and myself
had no hope of his defeat. There was the
deed, with ample proof as to its execution
and Acknowledgment; and, as it leaked out
that we would contest it on the ground of
incompetency, it was known that Cuyp
had subpPnaed a dozen reputable wit
neSses as to Trescott's condition on the day
of the execution, which was at the opening
of court, when everybody was in town
looking after everybody else.
M'Kissen did not return my copy of
"Hood on Executors" according to prom
Use. l had occasion for it the day before
the trial; for it cited a case bearing on a
suit where Ilwas concerned for the plaintiff;