The Eaton Democrat. (Eaton, Ohio) 1875-1903, 1885-03-19

times a little overtaken by wine after
dinner; but then his writing would have
shownt that. That signature was made-if
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 lt,be particular to express no doubt.
In fact, say nothing at all on the subject.
Refer all to me-"
every good, sir; I.shall obey your direc-
tions."
We then parted. I could not see my way
very clear in the case, but it was worth
fighting. Still thinking upon it, 1 walked
over to the postoffice, which was kept in
one of the village shops, or country store,
keeper, Peter Brown, was alone, his clerk
being at dinner. He handed me a letter,
which l read, and then began to chat with
him. There was a p~aper-covered book,
lying on the counter. Mechanically l
opened and shut it, when the paper in it
attracted my attention.
"May I ask where you got this book?" I
inquired.
paper.
1 opened the book again, and turned to
the last page.
"This has only forty.six pages" I said.
'One less than a quire."
"You noticed that?" he replied smiling.
81 can tell yon how that occurred" And
he did.
When he had concluded 1 said: "Brown,
you can do ms a favor. You have no par
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. l know you're not a leaky vessel,
and can keep a thing TO yourself. Now,
examine that deed-and something ecil
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
I went over to my office, and sat there
waiting for Brown, who came in after a
half hour. The moment he saw me he
whistled. Then we had a long conference.
The result of it was that l made up my
mind to file a bill on the equity side Of the
court, to set aside the conveyance. I said
nothing about this to Miss PRESCOTT, though
1 told her I had great hopes that the deed
would not stand. A day or SO afterward,
Just as s. I was a, getting get ngsn my s case In in shape aal
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
a strong case, and took the bull by the
horns. Miss Trescott was served with a
notice of ejectment.
Two weeks, or ~thereabouts, after the be-
ginning of the proceedings, Moses M'Kis-
sen stepped into my office, and asked me if
l would lend him my copy of "Hood on
Executors for q day or so. I let him have
it. was satisfied, however, that he had
come for quite another purpose. So I asked
him to take a 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, I see,
in that ejectment case"
"I don't see what she has to stand on.
The deed is all right and amt be got over.
I know the whole transaction"
81 think the deed can be setI aside" !
said.
at should like to know on what ground.
But that's your secret"
81 don't know, M'Kissep, what secret
there is in it. You have enough knowledge
of law to be aware that a deed executed BY
a man under the influence of liquor is
worthless. A drunken man is not compe-
tent to make a conveyance"
"Pooh! poohl When Prescott wrote his
name he was as sober as you and l are
now, and I know it. l was present and saw
him write it."
"What if we should be able to prove that
he was stupidity drunk all day on the date
of the deed?"
"We can prove by a dozen good witnesses
that he was not"
"Wew I responded. $50 you are a party
In INTEREST,""
business for Cuyp that I get in the habit OF
mixing up his affairs with mine. 1t is nc
matter to me whether you get the better OF
Cuyp or not; only, SO far as the deed goes,
that's all right"
"Well, you and I won't quarrel about
other peoples rights and wrongs, Mac. I've
said now more han a lawyer should. But
don't you run away with the notion that
you ave the ground of our defense. That's
the last thing Id tell you. No doubt you'll
be able to prove that PRESCOTT was as sober
as a Judge. Don't forget to send back that
HOOD by Saturday. 1 may ave use for
it.n
M'Kissen went off fully impressed with
the notion that we would contest the deed
IN the ground of incapacity of the grantor
and this was what / wanted.
The case excited a deal of interest and
public sympathy ran in favor of Miss Tres
colt. But, much as Cuyp was detested,
every one except Peter Brown and myself
had 10 hope of his defeat. There was the
deed, with ample proof as to its execution
that we would contest it on the ground of
incompetency, it was known that Cuyp
had subpoenaed 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 cop OF
"HoDd on Executors" according to prom
Use. l had occasion for it the day before
the 'Tial; for it cited a case bearing on a
suit where Twas concerned for the plaintiff
and 1 went after it myself. M,Kissen was
| ont Init hiS hOu uUoc in hic don on1 IN his
presence 1 went to the bookcase, and got
out the required volume. There was a pa.
per between thele leaves, used as a marker
1 took it out, intending to leave it behind
but the title struck me and let it remain
l U that the paper would be OF service il
the case. Possession was nine points of tht
law; SO I took charge of the document anG
filed it with the rest of the papers in tn,
case.
The case came at last to trial. There wa.
GUS to learn what our side had to say. TIL,
plaintiff proved title by his deed, notice
and a refusal to AGATE. M'Kissen, VIII
was on the stand, mentioned, unnecessari
ly, that Trescott was particularly sobel
when the deed was executed, at which
laughed outright, to the bewilderment O
the jury, and the undisguised ~astonish
ment of the Judge.
/ cross-examined M'Kissen.
'How have you secured your interest il
this matter!"
Il don't understand you. I have no in
terest in t."
"Hasn't Mr.. Cuyp given you a writte1
contract to convey one-half of the Fou
Section Purchase to you in consideration
of services rendered."
"N-no, sir"
Cuyp's counsel, Spencer, interrupted m
with:
"This is not cross-examination; 1 appea
to the court.o
"You will proceed strictly under tn,
rules, Mr.. Bonsall," said the Judge.
every good, you honor"
"You said you were present when MI
Prescott wrote his name OF that paper, Ant
saw the money paid to him:?
eyes"
"How much money!"
81 didn't count it. Prescott took tn
money, counted it to himself, and thel
signed. He was perfectly sober at tn
tiIne."
$50 YOU said before. What is the presen