Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-07-27
JUDGE HAGNER.s COMMENTS.
He ExOnerates Capt. Barbour of AM
WrOnEdOing.

WrOngdOfng.
Arguments in the equity suit brought by
James F. Barbour and six other heirs of
the late James L. Barbour against Harri-
son S. Barbour. which were begun yester-
day, as reported in The Star, reached a
conclusion late in the afternoon, after
which Judge Hagner commented at length
upon the case. Among other things he
said:
Taking up the charges seriatim, the
first complaint is that Harrison S. Barbour
failed to file his account within thirteen
months after letters of admins tration were
granted to him. He was not obliged to file
1t before fifteen months and if he had
come into the Orphans Court with this es
tate nearly a million dollars, first and last,
and had made any sort of reasonable ap-
plication, the court would, under the law,
have granted him four months additional
within which to file it. He was not in de-
fault in that partic ular at all"
Referring to the charge of mismanage-
ment of the affairs of the estate and of the
business of James L. Barbour & Son, Judge
Hagner said:
ut is said there is evidence of misman-
agement One side of story is good until
the other is heard. While many things
may look reckless or careless, they are all
susceptible of explanation. 1t is said he
drew large sum of money out of the es-
tate Why, If the estate amounted to $685.
600, as alleged, the very least commissions
he would be entitled to would be about
$4,000. Then, also, he is entitled. accord
ing to his own statement, to one-fourth
interest in the business. So there Is moth
ing dishonest in what he : has done. l do
not think the members of the family, his
brothers and sisters, upon calm reflection,
can feel satisfied to ascribe to him In doing
that any wrong purpose. They all came
from the same nest, and 1T is not often that
one or two are honest and the rest are dis
honest. While not now pretending to say
that there may not have been some losses
incurred in the conduct of the business,
they may all be explainable. Something is
said about the waste of the good will of the
mill. It is settled law that the good will
of an establishment Is not an asset.
Capt Barbour became mortified" the
court said further, land 1t Is natural that
he should be mortified, at having all his
business brought before the court. OF
That always happens. If there was any
thing to his advantage 1t would not be ex-
aggerated: but as soon as there is any
trouble to his disadvantage then gossip
goes on. Well. his objection to resigning
would not have been made except for these
mischievous remarks; perhaps the mis-
chievous remarks may have been In the
house as well; certainly they were OUT
DOORS"
Judge Hagner concluded by saying Capt.
Barbour's agreement or consent to the APP
pointment of Mr. Hamilton was a good
thing and to his best interest, and while II
done to Capt Barbour by Mr.. Hamilton's
appointment as receiver, he would hesitate
to insist upon it. yet regarding 1t as de-
cdedly better for his interest and for the
remaining heirs thai he should remain IN
possession, being a former partner OF Mr..
Barbour and perfectly responsible. he would
appoint him receiver of the business ana
administrator upon the resignation OF Capt.
Barbour being filed.
Proceedings Today.
Judge Hagner today signed an order con-
tinuing the restraining order heretofore is
sued in the case until the final hearing of
the cause Mr. John A. Hamilton was ap-
pointed by the court receiver for the bust
ness, property and assets of the firm of
James L. Barbour 4 Son. The receiver is
directed to do all that may be necessary to
be done to prudently and safely wind up
the business, with a view to the conversion
of the property and assets into money or
its equivalent, which, when so converted,
shall be paid over to the person or persons
entitled thereto, under the order Of the
court
The receiver is to give bond of s275.00O,
and the cause is referred to the auditor of
the court. to state the accounts Of the de-
PENDANT, Harrison S. Barbour, Survir
ing partner of the firm of James l.. Bar
bour & Son. and to state Mr.. Barbour's ac-
count as administrator Of the estate, the
receiver being given leave to apply to the
court for instructions from time to time.
AS administrator of the estate of his
father. Capt. Barbour today rendered his
resignation. Judge Hagner accepted it, and
istrator, under a bond of 100000.