Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1894-06-21
THE OVERTON CLAIM.
By MARTHA NCULL0CH WILLIAMS.
fCopyright, 1904, by American Press Associa
toni
CHAPTER L :

compassionate eyes after his departing
client. His partner, Major Vance, half
turned in his swivel chair, gave an ex-
ira long pull at his pipe and said over
the top Of "Greenleaf on Evidence:"
why let it be hopeless? Isn'tit your
business and mine to persuade one very
bad man or twelve good and true ones
that the right is always with our side:'
Certainly, but in this case / should
have to persuade them to go against law
and fact in order to do what believe to
be right" Mr.. Hildreth said, making
himself horizontal by putting his heels
upon his desk and tipping his chair as
far back as possible. Again Major Vance
spoke through his blue veil.
"Tell me all about it. Your client
looked as though he came out Of the ark.
Has he got . claim for damages against
Noah ct al? Or is it matter Of line
fenccs?"
Neither. You must have heard all
about it. It's one Of our celebrated cases
the Overton claim"
u "What! Ii that the man who has been
legal gold mine these last so years?"
1.-THE very same-Francis OvertOn,
ESQ. No better blood in the state.
"Tell me about the claim. OF course
I've heard Of it nebulously. I'd like to
know the story of it with circumstantial
cxactness
"It's n pitiful one, and my father al
ways insisted begun in romance back
in Carolina He knew both the Over
tons and Fauntlcroys there. The heirs
Of each house, it seems, fell in love with
tho same young woman-an heiress and
great bolle--who preferred young Over
ton. If the other man swore vengeance
against his successful rival, nobody ever
heard of it, but everybody knew that
the warm friendship once existing be-
tween the two families was utterly dead.
in fact, it was felt to be good thing
when, q few years after his wedding,
young Oyerton moved with all his be-
longings to middle Tennessee.
Here no prospered amazingly. Com
ing in when pretty well all the state lay
virgin, he bought half county of the
richest land mt price that was next to
nothing. Besides he got possession of
the best ore banks in the state, and as
soon as Inc had got u fair sized planta-
ton open, set about building furnaces
and making iron. He was essentially q
man of big enterprises, one who did
nothing on small scale. into this new
venture he put a deal of money-the
most of it, unluckily for him, not his
own. There were half dozen blast fur
naccs, forge, rolling mill, heaven
knows what besides, but if the money
went out in stream it looked to be
certain that it would come in in a flood.
Indeed my father always maintained
that Mr.. Overton went ut least $50, 00C
in debt simply to obligo lenders who
forced their cash upon him. For three
years everything went well. No man
stood so high. was rated SO happy. Then
came sea of troubles His wife died
his children, all save one, the eldest boy
my client of today Before people
were done talking over their funerals
there was bigger sensation. Peyton
Fauntleroy' attorney had come out from
North Carolina and laid claim to all the
iron land in Mr.. Overton's possession
Though he laughed the claim to scorn
il made fine how'd yedo among part
ners and creditors. They clamored for
an explanation He answered by buying
ont or paying each one in full, though
to do it stripped him of everything but
the property in dispute That was u for
tune If he held it, At the trial people
waited on tiptoe for the outcome of it
all. He came into court mighty sor
rowful looking. but no whit downcast
Indeed he had hardly thought it worth
while to employ a lawyer, but as my fa-
Their had settled his other affairs for
him he said to him. George, please
look after this little matter.
"But my father would never take n
fee for that days work; said he didn't
earn It, Fauntleroy's man got up first
and said that his client claimed the land
under government entry at such n date,
to be established by patents and receipts
for purchase money. MIR. Overton hard
ly waited for his last word before he
stoodanp, saying to the judge rs though
the whole thing S0cl him. If your
honor will look at those papers, You
will find that my entry of the same land
was Just two years earliep.
"H--m," said the judge, you
must make your statement on oath.
While Mr.. Overton was being sworn his
honor fumbled with the papers, but
didn't look at them. The other man
passed mp his documents. You might
have heard yourself think while the
Judge was turning them over. The
crowd could see that they looked official
--on government forms, with big red
seals When he undid the Overton
packet, everybody gave a gasp. 1t was
nothing but blank paper Mr.. Overton
stood like dead man for minute,
then sprang facing the judge. and shout
ed ont: THE records--search the records.
know my deeds are therer
Most likely they Were there, but the
book was missing--has been from that
day to this. Ofcourse. though, there was
nothing for it but to give Judgment for
Famtieroy. But when court was over, as
my father was helping Mr.. Overton
from the room. the Judge came to them