davidaulloa/AmericanStories huggingface dataset:
The Newtown bee., 1893-03-24
MIR FESSENDEN SAID

that he regarded this paragraph as pure ly a matter of evidence; it did not seem to him that they should state purely mat ters of evidence; it was not statement that would warrant any change in the executorship; had no legal bearing, which would require the counsel to answer it.
 Lawyer Davenport in replying said in substance: ''It seems to us it is very material allegation; if an executor of an estate has declared he will spend every dollar of an estate in defending it, if the allegation is true. he is either inccnsis- tent or wicked in the abuse of his trust. This gentleman took charge of this es- tate three years ago. He has pursued a course which is grossly inconsistent. We most respectfully ask that it be pot stricken out.
 Judge Bradley denied the motion to strike out the clause.
 Mir Peck then took the stand and was cross-examined. The following are some of the main points brought out in the ex- animation:
 Mir Davenport: MT Peck, who are your counsel?
 MT Peck: MT Tweedy and Mr Fessen- den.
 MT Davenport: Mir Beecher is not en- ployed by you in this case?
 Mir Peck: No sir.
 MT Davenport: Have you retained these gentlemen at the expense of the estate?
 Mir Peck: Individually at present.
 Mir Fessenden here interposed and ask. ed what consequence was all this.
 Lawyer Davenport: Very material 1 One of his traits seems to be that he has a mania to employ lawyers, very de. structive trait of his. I claim that any man as executor of an estate who en- ploys large number of attorneys to de- fend case like this, is incompetent.
 Lawyer Fessenden retorted that il seemed extraordinary that the distin- guished counsel should make such a statement. What would any gentleman do when his integrity was assailed?
 Lawyer Davenport then turned to MI Peck and said, II understand that in em. ploying this counsel, you do not intend to charge against the estate." MT Dav. enport then
The Newtown bee., 1893-03-24
FURTHER PUT THE QUERY

"What property did you receive as exec- utor?7
 Mr Peck: A little short of $160,000. Mr Davenport: What did this consist of?
 MT Peck: Bank stock, bonds, notes, etc.
 MT Davenport: How much increase have you received from it?
 MT Peck: Up to February l, 1893, the total amount of income was 6,718.93. Mir Davenport: That's the total in come?
 MT Peck That's from June I, 1890. On being questioned as to the inven- tory of the estate, the figures were given as $15S, ,657. A considerable time was then taken up by Mr Davenport in examining the ac- 1 counts of MT Peck. Mir Peck read the items and MT Davenport cross-examined him as he proceeded. Lawyer Fessenden suggested that he should take the books and examine them and thus save time.
 Mir Davenport continued to examine Mir Peck and asked for the expenses ir the Gregory, Ballou case. This was giv en as $1915. 40.
 MT Davenport: Had MT Beecher any fee for his services?
 Mir Peck: February |, 1893, drew MI Beecher 2 check for $200.
 Mir Davenport: Did you make any bar gain with Brother Tweedy?
 Mr Peck No.
 MT Davenport: Had you any bargain with Brother Beecher2
 MT Peck; No.
 MT Davenport; Now, MT Peck, wha
The Newtown bee., 1893-03-24

Gregory, Ballou &i Co.,, claim before the probate court?
 Mr Peck: Yes sir, and be prosecuted afterward for it.
 MT O'Hara: Did you make any effort to ascertain whether you could com. promise claim against the L. B. Booth estate?,
 MT Peck: No sir.
 MT O'Hara, holding up agreement sign ed by heirs; Is this the only agreement made up and signed that day?
 Mir Peck So far as I know.
 After some further questioning on minor matters, Mir Fessenden took the floor.
 MT Fessenden: Is there anything that you desire to say to the court that 1 haven't asked you? How about the amounts you have saved the estate?
 c. H. Peck: There is what is called the Beedle bond of the St Petersburg rail- way. No interest has been paid on it fol six years. It amounted to $390. The Farmers Loan and Trust Co.,, of New York were the assignees. 1 have been able to collect two dividends and interest on over $500. I sold little script of the New Jersey land improvement company and received interest where others have sold out aud lost it. After some further discussion, MT Fes. senden introduced a motion denying all the material allegations, saying the coun sel hadn't introduced any evidence te substantiate the charges, and asking fol the dismissal of the charges.
The Newtown bee., 1893-03-24
TO GO AND PAY ITI

I think not. The greater portion o these monies were paid out in the will controversy. John w. Booth has put himself in position where he can't con- plain. If you say Charles II. Peck has wasted the estate, you say that these gentlemen have wrongfully made char ges against the estate. There isn't any evidence here. Until they show that these bills were improper, they can't complain of the amounts.
 Two years have elapsed. Monies have been paid and you don't hear anything about it until to-day. It is gravely urged because there is no record on the probate court. You should discharge MT Peck. He is here with his books, ready and willing to answer any and all questions. What is the purpose of these accounts? To inform the public and those interested how the estate stands. That is no breach of trust. There is no breach unless someone has suffered dam age
 There is sonnet hing peculiarly conclu- sive about the finding of the commission CTS. Why, is it true that an executor shouldn't appeal from the finding of the commissioners? It is an every day ex- perience in our legislative matters. As the Gregory, Ballou & Co.'s case now stands in the superior court, the claim rests on certain writings signed by Elon Booth, relating to his dealings with Gregory, Ballou & Go. There are some nice legal questions here. Whether or not it was gambling operation. To say that the executor ought to have paid this claim to my friends clients is rath- CT remarkable.
 What more can an eXecutor do, if your honor please, when a claim of this nature is presented against an estate, than to employ counsel and fight it. It is only to-day, three years after the death of MT Booth, that anything is raised against the ad- ministration of c. H. Peck. And char ges of the nature of these! which are plainly untrue. We are involved some what as counsel in the charges our brethren make. I don't feel called on al this time to more than say that with the most honest intentions and to the best oi my ability I have advised MT Peck. believe when we reach the end, the re suit will justify the course.
The Newtown bee., 1893-03-24
MIR FESSENDEN SPEAKS.

Lawyer Fessenden: I did not come here expecting that 1 would meet any such assault as my brother sees fit to make upon me. 1 can't understand it. l must say to him here and now that it doesn't do credit to his heart or his head.
 want to say, may it please your hon. or, that this was an important case, the appeal from the Elon Booth will deci- sion. They went there armed and equipped. My friend here. Mir O'Hara, Judge Brewster and MT Hollister, these giants in the field, were engaged on that side of the case. And yet, because MT Peck sees fit to employ three counsel, that is the first cause they bring for his removal.
 The next cause is the size of the fees the executor paid. Now does it lie in anyone's mouth to say that this was dis honest. Why, just think of it. There was case here which involved S1G0, 900. Eminent counsel was employed to break the will. It is certain that Elon Booth had accumulated this money, that he had a right to make the will and to say to whom it should go after he was cold in his grave. There can't be anything in this claim concerning the amount and now would it not be monstrous for this to be given as one of the reasons for removing the executor. Was it legally proper to pay without an order from the judge of probate? I know of no law which pre- vents an executor from paying without an order.
 MT Davenport, in discussing this case, has referred to case in the 10th of Con- uecticut. I don't see what bearing that has on the case. I believe that the case referred to is as far from this case as the poles are from one another. It's too ab- surd to talk about. It's the thin ice on which the counsel stand.
 Equally foundasionless is the claim he makes in the Fairman case. BRANDED BEFORE HIS FELLOW CITIZENS as an unfit man, where does it appear ! that he merits such treatment! But let the counsel read that section, s'That he must first be cited to appear" Now see, this executor finds himself in the position that it wouldn't advance the set clement of the estate single day, if he
 were to appear before the judge
 Wouldn't put penny into the pockets oi
 the annuitants. What has he done
 Here are his accounts. Not locked away
 but ready for anyone to examine them al any date. Every dollar is accounted for I MT Fessenden then read the reasons for removal in the case referred to
 ssMay be removed for insanity" Any
 indication of that here? If he was capa } ble when he assumed charge of the es
 tate, he is just as much so now. If thu :. executor had said, here is your money dollar for dollar, you never would hav' heard them appear in court. Abou $50, 900 in claims presented against tn, estate. Was he to pay them without in | vestigation; if he did he would violat his bond. That's what's the matter witt i. my friends it's the Gregory, Ballou { : Co.'s claim. This is why these me- l come here and brand this executor as al . incapable man before his fellow citizens rt Remove an executor who has given bond for the faithful performance of du , ] ty, which involves duty to his bonds
The Newtown bee., 1893-03-24
MADE NO EFFORT

to see if steps could be taken compromise the case in litigation. So long as he has the treasury at his back, he goes ahead. Talk about these books showing the con- dition of the estate. It is true we charge him with incapacity. What duty has he neglected to perform? We say he has neglected to perform his duty.
 The gentleman has seen fit to make an appeal to you between man and man. To whiten the character of c. H. Peck, when c. H. Peck has been the man to blacken his own character. Appeal to you between man and man! To make him an angel. white-winged and God given, when he himself has made it as black as he'll. ("Where is that country" asked MT Fessenden). MT O'Hara be- lieved there was just cause for the re- moval of the executor.
 Judge Bradley reserved his decision The court was adjourned about 5.30. There was large attendance of the rep resentative citizens of the town, who fol- lowed the case closely. A recess of an hour was taken from to ? o'clock for dinner. During the discussion in the af- ternoon, MT Davenport made the remark "Well, you have got cheek, :" which caus- ed MT Fessenden to retort, 'sIf you should fall from seven-story block, il
 wouldn't hurt you.''
The Newtown bee., 1893-03-24
All Free. 

Those who have used pr Kings New Discov. cry know its value and those who have not have now the opportunity to try 1t, free. Call on the advertised druggist and get trial bot tie free. Send your name and address to H. E. Bucklen & Co, Chicago, and get sample box cf Dr King's New Life Pills. free. as wen as CODY of Guide to Health and Household Instructor, free. All of which is guaranteed
 to do you good and cost yon nothing At E.
 F. Hawley's drug store.
The Newtown bee., 1893-03-24
MIR o'HARA's ARGUMENT.

Lawyer O'Hara: I didn't intend at the outset to make any argument in this case. Did this exeeutor act as an honest man should act? Did he act as a pru- dent man? Paying out the sum of SIS. 900 for counsel without taking a re- ceipt, paying it out without coming to your honor for permission.
 We say, your honor, that this is the strongest argument for his removal. The executor has departed from the let ter and the spirit of the law. Three years after the death of Elon Booth, and no nearer settlement than at the begin ning- The question is, if your honor please, as to the right of the executor to do what he has done. Was he justified in doing so without an order from this court: He had no power to pay money out without an order from this court. This isn't matter of sentiment. It is the question of the duty of an executor.
 We say it is just ground for removal. The matter in issue, if your honor please,
 was heard before Judge Huntington and Robert A. Clark as commissioners Be- fore the commissioners had reported on the case he posts of down to Stamford and retains Brother Fessenden, pays him retainer of Sl00, so that when the case comes up he would have the assistance of this distinguished counsel.
 Wouldn't any honest man have waited | till the case was decided before he had chased down through Fairfield county to retain this man. They may talk about this case, but we say his actions were such as would require this court to re- move him. He says he has
The Newtown bee., 1893-03-24

A grand spring opening of millinery goods will take place at k. Ballerstein & Co.'S large millinery house at 360 Main street, Bridgeport, the last three days of this week. Here's the chance to get your Easter bonnet, and a good one. Read their interesting announcement found elsewhere.
The Newtown bee., 1893-03-24
HATTERToWN.
A HEROIC YOUTH.

A popular young man of this place went to Danbury, the other day, to visit some friends. We won't mention his name, except to say that his given name is Ed" His home is situated not far from opposite Charles Thorpe's and he is an amateur photographer, printer, etc, etc. I do not give any details because I desire to keep his identity from the pub- lie, so if the above description is rather vague, you know my object in making it so. After pleasant visit with Danbury friends he started to walk home. He has a Columbia safety, but walking is easiest just now. While vending his weary way through the cranberry swamp mile or so north of here he deserted some wild animal crashing through the underbrush. Seizing substantial hickory club that lay near by, he gave chase. In short time he overlook his prey, which sought safety in a tree-top. With reckless bravery and no thought of possible mis- hap he s'shinned- up the tree and after a long and fierce battle, succeeded in kill ing the animal, which proved to be an
 
 immense coon.-[Z.
 E. A. Bevans is as happy as a big sun- flower; his home has been frightened by the advent of small boy.
 J. W. Penny has lame horse, caused by getting stub accidentally stuck in one of his legs.
 George Mayer is having his tobacco assorted and packed as he cannot get in the bundle what he considers it worth. "Wes" Penny is putting it up for him. There is some talk of turning the week. ly prayer meeting into Christian En- deayor society.
The Newtown bee., 1893-03-24
BRIGHT LAWYERS CLASH SWORDS

At the Hearing Before Judge Bradley for the Re- moval of Ex-Town Clerk Charles Henry Peck as Executor of the Elon Booth Estate.-Notes and Incidents of the Hearing.
The Newtown bee., 1893-03-24

be decided in the niger courts of this county, it will be thrown out.
 Here is an executor, not going outside, but carrying out the wishes of Elon Booth in contesting the case. Why, if this is to be precedent, we shall have applications to remove executors con stantly. Brother O'Hara has suggested that the executor should compromise this case. Would your honor take it up- on himself
The Newtown bee., 1893-03-24
was the amount of Gregory, Ballou

was the amount of Gregory, Ballou < Co.'S claim?
 Mir Peck: I think it amounted to some- thing like $10,000.
 Mir Davenport: What was the amount they claimed before the commissioners
 MT Peck: Something over $l0,0OO.
 MT Davenport then referred to the de- posit of Elon Booth with Gregory, Ball lou & Co.,, and in referring to their claim said, 1.-The upshot of it all was then that the claim was allowed with the except ion of few hundred dollars.
The Newtown bee., 1893-03-24
Affairs About Town.
MATTERS or BUSINESS.

An excellent opportunity is offered to engage as salesman in light, congenial and profitable business by addressing R. G. Chase & Co.,, ,23 Pemberton Square Bos- ton. See advertisement in another col umn
The Newtown bee., 1893-03-24
MIR DAyENPORT'S ARGUMENT.

Lawyer Davenport then arose and be- court, Elon Booth, late of Newtown, af- ter life of so years spent in the closest economy, died leaving an estate valued at S15S, ,000. At the time of his death he left a will, which provided that Charles H. Peck should be his executor, and af- $600 should be paid to his deceased brothers widow, and other amounts to certain other people, aggregating $2000 annually. At the ex- piration of II years, the property, with what sums that might be added to it was to go to the children of Orville Booth, then living. Elon Booth died three years ago. Now, after three years, we find his estate unsettled, the probate court an ab- solute blank as to the case, the heirs having not received a dollar and no pros pect that they will receive it, until the matters which the eXecutor has seen fit to make subjects of litigation are dispos- ed of
 1 " cll HO", CilS io hooo SAeiooi dinary condition of affairs. There isn't a scrap in the probate court to show what condition the estate is in. And so, after waiting all this time, the annuitants come here and ask that the executor be remov- ed, and the question is as to whether your honor will grant that application. 1 Under what circumstances should an ey- ecutor be removed2 MT Davenport read copious extracts from Schulart to back up his argument and then proceeded. What sort of a showing has he made? Has he made any settlement with the court or probate, partial or final? He hasn't even to-day. There isn't anything to show the condition of the estate. This is enough cause for his removal. The courts allow him a year. If he wants further time, he must come to the court and ask for further time, so the judge may be advised as to the condition of the estate.
 Every executor must exhibit te the court within year the condition O
 the estate. He must then apply to th' court for an extension of time. If l
 please your honor, this executor has no
 only been blind, but he has proceeded il the most reckless manner. Look at tn matter of fees, paid MT Beecher, Mir Fes
 senden and MT Tweedy. Any numbe of bills yet come for counsel here, aggre
 gating already S2O,000. It doesn't neet any one to show an abuse of trust. Il any of the cases he hasn't single item ized bill. It is incumbent upon an exec utor to account for every dollar. Her he says paid MT Beecher $4500, gave M
 Fessenden $S000, gave MT Tweed,
 $500. He admits he pait
 it in the gross. I say this of itself is evi Ldence which this court ought not to over look. If that is condoned, I shouldn' wonder if people were afraid to die il
 Newtown. It was the duty of this ex eeutor to come to your honor and tel
 you what he proposed to do and ge
 from you an order. For him to say tha he has relied upon his counsel is no jus
 tification whatever. This estate doesn' exist for the benefit of 0. Fl. Peck, o
 the benefit of the counsel of the Fairfiel,
 county bar. There is just cause for hi
 removal.
The Newtown bee., 1893-03-24
MIR TwEEDY ARGUMENT.

Lawyer Tweedy: There are some fea- lures of this case that are worthy of ev- en more than passing notice. Spread upon the records of this court are char ges of deliberate wrong doing on the part of c. H. Peck, the man chosen by Elon Booth, man trusted by him for years, and yet without inquiry and with cut notice, without an attempt to exam inc his books, at the instance of John w. Booth, gentleman do not know, the attorneys of Gregory Ballou & Co.,, have made an outrageous attack on the char acter of Charles Henry Peck. They haven't the slightest foundation for mak- ing such a charge against reputable citizen of Newtown.
 l can't believe your honor has any feel. 1 ing because MT Peck hasn't made any report. This proceeding is brought about much like fishing excursion
 Why, these charges are made without the slightest foundation. Personally
 my relations with Mir Peck have been ir reference to the Gregory $ Ballou claim
 Elon Booth told me he didn't owe Greg ory, Ballou & Co. cent. MT Peck 1T this matter has acted under my advice I have felt it my duty to advise MT Peel to contest the Gregory & Ballou case. have felt that when this case comes te
The Newtown bee., 1893-03-24
NUMBER l2.

men, he goes and consults counsel. Re- move him for that? Why, its monstrous. !. It is deliberately put on record that he has invested money without authority. He has changed no investments. My friends say they are justified in putting these charges, posting him as dishonest, for it doesn't mean anything else.
 The gentlemen are justified in making the charges if they are true. They are not true. There never was, may it please the court, so weak a case repre- sented in a court of justice. Never was case with so loud manifesto, which had so little to commend it to sensible men. In justice and in right, I appeal to you that your honor should dismiss the case.
The Newtown bee., 1893-03-24

that the sooner the case was settled, the better.
 Mir Peck: Yes sir.
 Mr O'Hara: Then so far as Mrs Brins- made was concerned, she disapproyed of the delay? MT Peck: She wanted me to pay so she could have her annuity. MT O'Hara: Did you have any talk with Mr Belfield on this matter?
 Mr Peck Iwould nt swear either way. MT O'Hara: What was the amount of the claim you presented against the l.. B. Booth estate? i Mr Peck About $l3,50O in notes. MT O'Hara: You presented them be- 1 fore the commissioners and they were ] disallowed? I Mir Peck: Yes sir. < MT o Tiara Did you know that you could make an effort to compromise the
The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1893-08-30
NE HLorrxn

tsiFEn STATES DISTRICT corRr-HasFoRp. >.
Charles o'Brien et al. rs. The Bark Ne
Nsar-Decree for gibelIants.
Washington National Bank of Tacoma
vs. Charles ciary et ai.-Pisa in bar; sus-
tanned
SUPERIOR corEr--csIxfssL AND CIVIL nK-
fARraESTs--osBogs. ..
State Of Washington vs. Nellie Wilson
Grand larceny; defendant arraigned and
plea OF not guilty entered.
state 81 Washington ". Joe Young and
Adetia Young--Assau.tt 20 rob: defendants
s5rsasgasd time 10 plead extended 20 FRI
day Al 3 30 a. N.
E. c. Kriese W.. r. A. Twicheil-Argued
and submitted: briefs 20 be flied: decision
TO be made Friday next.
PROBATE DEPARTMENT J.
Estate of Andrew ~ shoblad-Apprais-
ers appointed.
Estate Of Joseph N. Barto- Petition for
sale OF rnortgagai property; order TO show
cause. set Tor September g.
Insanity of Nick Lorstti-Comp.sin
nsed: case set for hearing August 30 at
$50 o. IN.
Insanity of W. ]. Graham-Com plant
MED: case SET for hearing on September I.
Estate OF Joseph Dnnlsp-0rder to sell
personal property &C private sale.
Estate of Joseph Conway-Objections to
appointment Of administrator set for hear
ing September s.
Estate Of John NATURALIZATION for
probate OF wilt flied.
FeurrY BKPaRTnKyr-LASGLEy. J.
E +. Wittlsr va q. +. Stevens ct AL
Guardian ad Item appointed.
III. ii. Hamlin vs. +. A. Ayerst--0rder
confirming sale
n. w. Huvgins vs.. Northwest Fixture
Company-Order allowing receiver to COM
promise claims.
w. II. Wickware VS.. Washington South
ern Hallway Company ct al.--0rder au-
thorizing receiver to take demand notes.
WeLb & Co. VS.. NeIs Anderson CT al. -
Default and Judgment.
In re illegal restraint and detention Of
Maggie McGec--Writ OF habeas corpus
quashed; motion Of petitioner to be
allowed to visit child at all reasonable
times denied.
Jennie Brown VS.. Harry Brown-Default
signed.
Grant Street Electric Railway Company
VS.. h. A. Twiehei.-Hearing of writ of
msndamus set for hearing September /.
Jonathan Ingersoll VS.. b. A. Young
Findings and decree signed.
Roosevelt ct al. vs. Douworth, as admin
istrator, set for hearing September l.