Phillipsburg herald. [volume] (Phillipsburg, Kan.) 1882-1905, 1890-10-30
A CARD.


n. B. McCormlck's statement of the
suit referred to in the last issue of the
HERALD as given by P. B. Beachly:
1t is stated by Mr.. Beachly that I
took unfair and dishonorable means
to collect note against him. I will
now give the readers of your valuable
paper the facts in regard to the mat
ter and leave them to Judge for them
selves.
On April 9th, 1890, Mr.. Beachly
gave tie following to one A. B. Niles |
of the city of Kirwin:
$13.75. KIRwIN, Kan, Apr. q, 80.
SIX months after date promise to |
pay to A. B. Niles, or order, the sum
of Thirteen and 75-100 Dollars, value
received, with interest at the rate of
lOper cent per annum.
P. B. BEAcHLY.
z. .. Kirwin, Kans.
Mr.. Niles left the above note with
me for collection in the fall of 1880.
I was at that time Justice of@he Peace
in Phillipsburg township. MIR. Niles
stated that he wished me to collect
said note on or before a given date,
which date 1 do not now remember,
or bring suit for him against Beachly.
| l notified MIR. Beachly that I held
| his note in favor of Mr.. Niles for col
lection and to call at my office and
settle. Mr.. Beachly did call. He told
me the note was just and that he
would pay it but that he could not
pay it now. He requested me not to
make costs on him as he would pay it
! as soon as possible. April, 1881, Mr..
Niles called upon me to know what I
had done as to the collection of said
note. He was on his way to Cal,
moving his family. He was very
much out of fix because had not col
lected the note and had also failed to
bring suit. [ told Mr.. Niles that Mr..
B. had called to see me and had
promised to pay the note, but could
not lust now. I told him that Beach
~ would pay this note and not to be
hard on HIM. He demanded that l
bring suit at once on the note. This
[ did not like to do so [ gave Mr.
Niles S13.00 for the note and took his
assignment of the same. When I
:. next saw Mr.. B. I told him what [ had
!, done He said MACK you shall not
lose anything by so doing" The mat
ter stood in this way for good while.
Finally he paid me $1.50 as stated on
Aug. 5, 1888, which was the price of
a load of wood he gave me on the
note. After this he became very neg
ligent about the note. I gave it to
Mr.. Morse for collection. He also
} ignored the notices of Mr.. Morse.
Now after waiting for more than five
years after had paid my money out
I ~ l.
had no other object in view whatever
I was not dealing in notes being a
, poor man. Three years after Mr.. b
had paid the 81 so on said note
brought suit against Mr.. B. in JUS
t tice court before Chas. Dickey. Mr.
B. appeared in person and by at
torney. Trial was had July Ii, 1856
Judgment was rendered in my favor
Mr. 3. took an appeal to the District
2 Court Trial was had there Dec. rs
1886, by the court the defendant waiv
ing trial by jury. The court founc
. for Mccormick. This was six menthl
1 after trial before the Justice of the
r Peace. The case was taken to tn,
C Supreme Court In Jan. 1889-thret
f and half years after it was brough
: in Justice court. Judgment was sus
tanned in the Supreme Court in favo
i of Mccormick and against Beachly
u in the sum of $23.75 and 1915 costs
c total 1910, see Al vol. Kan. Rep.
e No effort on my part to take ad
a vantage of Mr.. Beachly. l was Will
. ing at all times to give him any rea
: sonable time to procure testimony t.
prove anything which was materia
= fact in his defense.
b n. B. MCCORMICK.
q Subscribed and sworn to before m
e this 28th day of Oct. 1890.
:. J. d. MATTEsoN,
SEAL Clerk Dist Court
o By PHIL TowNsLEY, Deputy
n STATE OF KANSAS,
n Phillips County, SS'
o l, Charles Dickey, being duly swor
. say that was Justice of the Peac
- July 18th, 1886, that the trial of tn
Il above cause was had before me a
l. Justice of the Peace July 18th, 1885,
Y that have read the foregoing aft
# davit of n. B. Mccormick, that tn
statements therein made are true a
L [ verify believe. CHAs. D1cKEY.
I Subscribed and sworn to before N
this 28th day of Oct. 1890.
J. D. MATTEsoN,
a, GsEAL1 Clerk District Court.
n By PHIL TowNsLEY, Deput!
10 STATE OF KANSAS, S.