Bridgeton pioneer., 1892-10-20

lS represented Oy Wf. waiter ID. Bacon,
while John 8. Mitchell, ESQ.,. has the
case of Mr.. Tyler in hand.
Mr.. Bacon stated the exceptions as
filed, and called James J. Reeves to
the witness stand.
That gentleman stated that he was
the executor of the will of the late
David Rose. A judgement was re-
covered from him as executor, by John
Tyler, Jr assignee of I. A. 8. Cook,
in the sum of $3.50 SO. together with
costs amounting to $lG521. On that
judgement the Executor had paid
$5, 100. Of this amount 81, 500 was in
promissory notes.
Surrogate 8. p. Fithian followed
Mr.. Reeves on the stand, and identi-
fled a copy of the account received
from Assignee Tyler, and subsequent
ly taken away. 1t was filed more than
a year ago. Two more accounts have
been left at the Office by Assignee
Tyler.
One account was shown which had
been regularly filed and effirmed to
afterward, and it was repeatedly
changed from the time it was filed
and the time it was sworn to.
Another account was shown which
was filed September, 1892, upon which
pencil marks were written 'filed June
26th, 1892 On this date, Mr.. Fithian
said partial account had been filed,
to which exceptions had been filed.
On cross-examination, Mr.. Fithian
said that the repeated changes he
spoke of, were additions to the ac-
counts.
On re-examination, Mr.. Bacon inter-
rogated Mr.. Fithian, to show that the
accounts had been made in several
handwritings.
Mr.. Bacon had G. host of papers.
books, etc., offered in evidence. and
then rested his case.
The exceptions made by Mr.. Bacon,
covered good many items which he
did not prove. Mr.. Mitchell wanted
to know from the Court if the other
side did not not prove his exceptions.
Judge Reed stated that the burden of
the proof was upon The accountant,
when his account was challenged.
Mr.. Mitchell then, for his side, was
sworn himself, and narrated the en-
tire story, going over the beginning
of the case, which was away back, five
or six years ago. Mr.. Mitchell contin-
ued by saying that Mr.. Reeves began
paying him money on the judgment
recovered in court from the Rose es-
tate. All at once payments stopped,
and suit was brought to recover the
money, when for the first time Mr..
Mitchell discovered what embarrassed
him in getting the money, an agree
ment having been entered into be-
tween the legatees OF the Rose estate
and Mr.. Reeves, executor, ratified by
Mr.. l. A. 8. Cook, himself, which was
that Mr.. Reeves should withhold the
sum of $500. Afterward, Mr.. Reeves
resumed some payments on the judg-
ment.
Mr.. Mitchell then took up one of
the exceptions, bis own fees. He said
that the suit which he had brought
for Mr.. Cook against the Rose estate,
continued five years requiring great
labor and skill and he charged $1,000,
which Mr.. Cook agreed with the as
signee should be paid, Mr.. Mitchell
said that he paid expenses out of the
$1,000 amounting to 5000. To cover
this, Mr.. Mitchell had kept certain
money, which the assignee had not
accounted for.
Another exception filed was the re-
tanning of $500 by Mr.. Mitchell. The
lawyer stated that upon three differ
ent occasions he had loaned Mr.. Cook
$500, and held an order from Cook
directing him to retain the money,
and the order was offered in evil
dence.
On cross.examination Mr.. Mitchell
stated that the agreement between
MIR. Cook and him self to fees in the
suit brought against the Rose estate
was made in May 1891. The fees were
simply for personal services to Mr..
Cook and the Rose estate. When it
came to the 5000 loan Mr.. Bacon said
that the money was allowed, but MIR.
Cook wanted Mr.. Mitchell to pass over
the evidence of Indebtedness, and the
bond was passed over.
John Tyler Jr., was affirmed and
stated that he was the assignee of the
estate of I. A. 8. Cook.
Mr.. Mitchell then took up the excep-
tion as they appeared.
1st the ST. 200 fee for Mr.. Mitchell in
the Cook Rose suit. This was agreed
to by Mr.. Cook, and was retained from
the amounts collected.
On the 18th of April 1887. Mr.. Cook
made the assignment. There was real