Rock Island daily Argus. (Rock Island, Ill.) 1886-1893, 1888-01-27

A
under what circumstancesI He wa,
about to try, for tho health of his wife
the climate of place far distant, for a
period of two years-a place 80 distant
| and time so long as to require, in view
of her condition, that he should accom-
pauy and remain with her. The possi-
bility that he might not return appeared
! by no means remote. IL was therefore
due to himself, his partner and his cred
tOrs, that he should settle his Affairs rs
far as he could; but he could not pay
what he owed aud reasonably provide fol
his probable expenses without making
sale Of what be did. Rent of his house
and abstract books, at the highest rate
and promptly paid, would not meet his
needs. Besides, it was hardly judicious
to rent such property for so long time
while he should be so far away. It's
value largely depended upon the care
with which II should be kept up; and
mere tenants, under such circumstances
are not to be relied on 10 exercise IL
hence, it was both expedient and neces'
| sary to tell them, in order to execute the
intention he claims to have entertained
| But he reserved some furniture and ar
ranged to repurchase some that he sold,
In the event of his return. All this
seems a natural course Of proceeding up
on his theory of the case. Clearly it is
not incompetent with that theory.
The same reasons would dictate the
arrangement made for doing business at
Pueblo. No considerable Investment
nor permanent residence was required to
practice his profession; two years was a
| time long enough to earn something
She might remain permanently. Why
should he be idle during that timer He
needed occupation for its own sake and
for the remuneration it might bring,
think it would have been prudent to seek
such employment even il his stay had
been absolutely limited to two years. A
mechanic artist or physician would have
done the same. About the last of Sep
TENDER, 1888, he was unexpectedly re-
called TO Aledo by the death of his wife 5
step-father, and there remained. attend.
ing to her mothers and the estates af.
fairs, until January following. 1t is
claimed that during that time he repeat
eddy stated that he had not come back to
stay, but would return to Colorado.
The forms of expression given, without
much claim to precision, were various,
but the idea derived by the Witnesses
Mr.. Stewart, Judge Wilson and Mr..
Boyd-was that he regarded Pueblo as
his home. He recollecIs the occasion
and something of the conversation re.
ferred to, but no such sentiment on that
subject as they attribute to him. He
positiyelv testities that he never did so
regard it, or even int ended or had any
reason to convey that idea to any person.
Without suspicion of their truthfulness
or capdor. | am forced to believe they
misunderstood MIN. or he them-that he
understood the import OF their INQUIRY to
he whether he had then come back to STAY
and answered. AZ To that with A simnle
negative; or that TO the general INQUIRY
whether he had come to stay he ans
swered with that limitation. and they did
not understand. or do not recollect the
limitation Such a decentralization on
either side might easily have occurred
and it would fully reconcile the conflict
The probability that it did occur il made
well nigh A certainty by his testimony,
who must know whether he did or did
not regard Pueblo as his home, and by
his consistent act, and declarations clear
lv nroved nv so many Witnesses running
thTnnpnOnt DTHpFuluL
shSence and down To the dny of his re-
turn on that occasion, as proved by DR.
Frazier, The experiment he went to try
had not been COMPLETED; his wifes
health had greatly improved, but he bore
in mind the caution about leaving too
soop Miss Claw and expected to remain
until the following summer Dr. HalN;
he had been at some expense and pains to
get into business there and had fairly
succeeded (StewarD; was interested in
some good fees (Whartop); had been un
expectedly called away by telegram
(StewarD. and was anxious to get
back az soon as he might (Bas.
setN. Therefore he could well say
be had not come back to stay,
but would return to Pueblo. and that
he was pleased with the place. in refer,
| ence to her health and his own business
| But how he could saw he had concluded
| to make it his permanept home. in the
face of his letters to WIN. Geiger, his
brother, DR.. Craig and Capt. MoreY, his
declaration to his partner, his landlord
bis physician, his brothers attorneys, the
sheriff, the president of the bank and
others in Colorado, and his positive re.
fusal to vote, to register, to become A
notary public, or to buy or build or rent
there-all for tho reason expressly stated
that he had not abandoned his residence
here and would return as soon as Lis
wife's health would permit-I do not see
If he had changed HIS mind and reached
that conclusion. it would surely have
been known generally and bevond doubt
dnring the three months NJ tbst visit. hnt
renast the oft DECLARED nurnose Win
which he orioinelIv left-thongh il il
shown that ha did e1bstant;sllv rareat i,
during thet tipe bv inc yyitDes, Frozier
Henderson and Wharton
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