Phillipsburg herald. [volume] (Phillipsburg, Kan.) 1882-1905, 1890-10-23
al CARn.
Greenwood Twp, Phillips Co, KS
October 9Th. 1890

October 9Th, 1890.
by request of some members of the
Farmers Alliance in this vicinity. ]
will give the facts In brief how n. B.
Mccormick, Alliance candidate for
County Attorney. took unfair and dis
honest means to collect an outlaWed
tree note against me, and I ask for
their publication that all may know
what kind of a man they are voting
for.
First, am a farmer, have been a
resident of Phillips county for four
teen years, and have always paid my
just dues. In 1878 or 1879 I bought
some fruit trees of A. B. Niles, giving
my note for the same for $I3. These
trees were warranted to grow and if
they failed should not be holden for
the payment of the note. Several
others In this section bought of the
tract. None of the trees lived so I
did not consider myself holden for
the payment of the note and should
have refused to pay if the note had
been presented even before it was out
lawed, but I never heard of it till it
was placed in the hands of J. f.
Morse, of Phillipsburg, for collection
for Mr.. n. b. Mccormick who CLAIM
ed to have bought It, Not being Just
ly indebted in the first place, and the
note being outlawed I refused to pay
it. and then Mr.. Mccormick sued me
for the note and interest, amounting
to $23. Some one had placed an in
dorsement of $I.50, dated Aug. 9Th.
1888, on its back. There was no in
dorsement on it when I saw it while
Mr.. Morse had it for collection, and
knowing that I had never made any
payment and never intended to I felt
justified in standing suit. But I
found that Mr.. Mccormick could lie
with better effect on Judge L. K.
Pratt than I could tell the truth and
the case was decided against me. l
had no witnesses in the case and did
not suppose 1t was necessary. Mr..
Mccormick swore that I paid the
SL,5O in cash to him to apply on the
note IN the office of Geo. Stinson on
Aug. 9Th, 1883. 1 swore I had never
paid cent and had never intended
to. A motion for rehearing was not
allowed me as 1 might have proven
by competent witnesses that was in
Nebraska harvesting from July 18th
till Aug. q. 1883, and was not in the
State Of Kansas on Aug. 9th, 1883,
which fact 1 can still prove. The
vital point made against me was that
the Endorsement was made before the
note was outlawed. The date of the
Endorsement was Aug. 9th, 1883. Nc
Cormick swore made the payment
on that date. My Almanac says that
day was Sunday. I did not notice
the day of the date till after the suit.
If 1 belonged to the same church I
might ask if he was in the habit of
doing such business on the Lords
day.
In conclusion I wish to state that
upon all these material statements I
am ready to take my oath. That the
suit cost me $3.50, which I was COM
PEELED to hire and pay big interest,
making me, a poor man, poorer. Per-
hape Mr.. Mccormick can convince
the people of this county that he was
all right. But 1 doubt if anything
this side of the courts of Heaven can
convince me that he did not plan a
lie and commit a perjury to gain I'M
due advantage over me.
L. b. BEACHLY.
STATE OF KANSAS, I 90.
Phillips County. SIS;
L, P. B. Beachly, of lawful age, be-
ing duly sworn, depose and say that
the statements contained in the fore
going affidavit are true as I verify be-
heve SO help me God.
p. B. BEAcHLY.
Subscribed in my presence and
sworn to before me by P. B. Beechly
this goth day of Oct. 1890.
lsEAL j. D. MATTEsoN,
Clerk Dist. Court.
By PHIL, ToWNsIFY. Den'tv