The true northerner. [volume] (Paw Paw, Mich.) 1855-1920, 1890-01-08

The Other side.

John Il. Dfeck, petltlOiitf, dSdiust LES
ter A. Tabor, defendant The answer
of Lester A. Tabor, defendant. To the
bill of complaint of John |. Breck, com.
plainant. This defendant reserving all
rights of exception to said bill of COM
plant for answer thereto, says:
FIRsT-It is true, he was employed
To defend John Cassidy on charge of
assault with intent To do great bodily
harm, and conducted such defense
with due and proper care, and he AYERS
that he paid out his own money in
managing such defense and has never
received one cent therefore in any way
or manner, whatsoever.
SECoND-It is not true as alleged and
charged in said bill, that defendant at
tempted to defraud and cheat the said
John Cassidy out of the sum of two
hundred dollars or any other sum OF
money, i'm any way or manner what
ever. Nor did this defendant, as
charged in said bill, say To the said
John Cassidy, either in words or in
substance, that he, Cassidy, would
surely be sent to state prison for term
of years, and that all he could hope TO
do for him, would be to reduce that
term To not less than three or four
years And this defendant AYERS that
he told said Cassidy that the complaint
against him was good for nothing, and
that under no circumstances would he
be convicted of anything more than
simple assault.
THIRD Defendant admits that he
went TO Kalamazoo and saw George L.
Hopkins, prosecuting attorney, and
talked with him about his allowing the
said Cassidy To plead guilty 10 the
charge of assault and paying fine.
That the result of such interview was,
that said Hopkins would investigate the
matter and let defendant know as to
his conclusion. That afterward, and on
October Both, he received a letter from
said Hopkins, a copy OF which Is set out
in said bill as exhibit "a"
FOURTH-It is not true, as alleged,
that Immediately after the receipt OF
said letter, or at any other time, defend
ant went To said Cassidy, or said To
said Cassidy in his Office, or in any way
represented To him, that George Z.
Hopkins drove down to Lawton from
Kalamazoo, the night before or at any
other time, or that he drove down or
came down, or that he got him out of
bed, or that he, Hopkins, ever proposed
To him, defendant, that if said Cassidy
would pay him, Hopkins, two hundred
dollars, or any other sum, he, Hop
kins, would change said charge from
assault with intent to do great bodily
harm, to simple assault, nor did he so
have any talk with said Cassidy upon
any such subject. And this defendant
AYERS that said charge is absolutely
false, and without foundation, and has
been gotten up maliciously and with an
evil intent to injure this defendant.
FIFTH-lt is not true, as charged,
that defendant told John Cassidy that
ne would 90 with him and see his wife,
nor did he go, and defendant AYERS that
said charge is absolutely false and
untrue.
And defendant further AYERS and
charges the truth To be, that at the
time Mary Cassidy assigned her mort
gage to l.. L. Halstead and Levi Stoker
10 secure them as bondsmen for her
husband, John Cassidy, stated that
such mortgage was given by her step
father, aud that he was going to pay it,
and that the money would be here at
Lawton on the 10Th, then instant, and
that when the money came she desired
the defendant to make a discharge of
such mortgage, and she would take
such discharge TO the express office and
get her money. That after the 10Th
she stated that the money had not come
yet but that it would be here in few
days surely and without fail, and de-
PENDANT ayers that he has no recollec-
ton of any other talk with her about
said mortgage, and believes the fore
going is the substance Of all the talk he
ever had with her upon the subject of
said mortgage, excepting that on one
occasion she stated that the money had
not yet come, and asked defendant if
he would buy such mortgage in case
her step-fathcr did not send the money.
and defendant replied that he would
not without an abstract, and without
knowing the value of the property.
SIXTH-And the defendant denies
that his reputation for truth and verac
ity is bad, rs charged, and he AYERS
that said charge is false and malicious,
and entirely without foundation, and
no one except personal enemies would
claim any such thing, nor could any
one in defendants opinion SO testify
without deliberate perjury.
SEVENTH-And the defendant further
answering, AYERS and says, that any
other matter or thing charged in said
Dlll, anu uOl hHSNNiNbs IL
hereby expressly and absolutely de-
MED. And defendant further AYERS
that he has been informed and believes,
and upon such information and belief
he charges the belief to be, that the
complaint in this cause was wilful, ma
licious and deliberate conspiracy to in
iure this defendant, and defendant
further AYERS and charges that the pc
tition in this cause does not allege or
set forth Il cause of action against this
defendant, nor has this court jurisdic
ton over the subject matter charged in
said petition, whereby and in conse-
quence of which this defendant claims
the benefit of "A demurrer, the same as
though he had demurred specially
thereto for want of equity and juris-
diction, and prays to be dismissed with
bis costs and charges.
LESTER A. TABOR.
STAFFORD TYRoN, Solicitor.
State of Michigan, Van Buren, county,
SIS: On this 26th day of December, 1899,
before me, a notary public, in and for
said county, personally came the above
named Lester A. Tabor, and made
oath, that he has read the foregoing
answer, by him subscribed, and knows
the contents thereof, and that the same
is true of his own knowledge, except as
q al. L