The Ottawa free trader., 1890-01-11

Circuit Clerk Johnson received Il
letter from Hon. James w. Duncan,
of Chicago, Thursday, which read,
"Your letter is at hand and the check
is all O. X" a FREE TRADER repor-
ter was shown the letter by Mr.. John
son and in the hopes of getting an
'item," asked for key to the mean
ing. About week ago Mr.. johnson
got a check from Col. Plumb, OF
StreatOr. for 81 ,053.5O in payment OF
Il judgment rendered against Mi.
Plnmb some years ago, in favor OF
Samuel Campbell. The judgment was
$l4, 900 and costs and 5000 was paid a
year ago. The amount paid last week
was the balance Of the judgment.
The proceeding thus far cost Plumb
ST.. 900 in round figures. The money
was turned over to Mr.. Duncan, at
torney for Campbell, last Tuesday by
Clerk Johnson.
1T is the largest check ever drew" "
said Mr.. Johnson. "The money stayed
by me three days, and then | was
called upon to disgorge."
Now for the history of this imp0r-
tant suit. In November, 1889, the
township of Douglass, in Eflingham
county, this state, voted $4,000 IN
bonds to be used in constructing what
was known as the Bloomington and
Ohio railroad. In consideration OF
this aid the road was to be completed
from the county line to the city OF Ell
tingham-thiS, of course, Included the
purchase of material. The bonds were
prepared in 1870 but were held by the
a. - tha nNUnshjn nntll fnp
company complied with the terms or
the agreement. Interest was to be
computed from the time OF delivery,
hence the bonds were not dated at
once. In 1874, the Chicago and IA
ducah railroad company bought up
the stock of the b. & o. River com
pany. Col. Ralph Plumb was presi-
dent of the Paducah company. Judge
Anthony Thornton was appointed
trustee in May, 1874, and the town
ship bonds of $4,000 and Sl5O,0OO of
first mortgage bonds of the railroad
company were placed in his hands.
These were not to be delivered until
the railroad was completed. a year
passed by.
Samuel Campbell, a resident of the
city of Etfinghem, entered into an
agreement with Col. Blumb, by which
agreement Campbell contracted to
complete that portion of the railroad
upon which the delivery of the bonds
depended. He was to receive i5,OOO
for the work. Campbell agreed to ac-
cept the fifty township bond as his
pay, on condition that Plumb guaran-
tee that he (Campbell would realize
the sum of $4,000 or 90 per cent. OF
the face value within twenty days
after the work was completed. The
lob was finished in February, 1876.
In case the bonds did not realize !S45,
600. Plumb was to make good the loss.
The parties met in Judge Thorn
tons office, the bonds were dated and
delivered t. the parties. Campbell
asked for his money, but did not get
it, Col. Plumb saying he would leave
the bonds with friend in Springfield.
The bonds were next placed in the
hands of the auditor. The bonds
could not be sOld-the twenty days
had expired and Campbell began to
feel anxious about his money. In
forty days five of the bonds were sold
at 30 cents on the dollar. Eleven
months later Campbell, who had been
making every effort To sell the remain
ing forty-tive bonds, was obliged tC
close them out at 90 cents on the dol
lar, Plumb got possession of the
mortgage bonds and then left Camp
bell to hoe out his own row.
Campbell brought suit in the Cir
cult Court, as stated, and got a judg-
ment for $4,000 against Plumb. This
Judgment was affirmed 10y the Appel
late Court and the ruling of the Ap-
pellate Court was affirmed by the Su-
preme Court. Hon. James w. Dun
can. of Chicago, and Hon. f. \. Kline
hart, of Eilingham. were attorneys FOL
plaintiff Campbell. Bull. n Strawn
and Mayo X Widmer represented
Plumb. When Mr.. Bull died the de
fendant employed Hon. J. \. Jewett,
of Chicago, TO assist in defending his