Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-07-26

traitor.
The answer further states the willingness
of H. S. Barbour to render an accounting
under the direction of the court, and adds
that such an accounting will show that
there has been no actual loss, but on the
cor trary the business has been prosperous
leges upon information that some of H. s.
Barbour's slreties who united in the petit
ton for coanter securities have expressed
themselves as willing to remain on his
bond, IT, after an accounting, 1t appears
that no loss has been actually incurred.
Messrs. jeremiah Wilson and Henry Wise
Garnett. representing the petitioners. today
in the Probate Court sought to have hear
ing first on the application for counter Sc
curity. but on objection of Mr.. Clarence A.
Brandenburg, counsel for H. S. Barbour,
ing on all the applications filed in the
Probate Court until action is had on the
bill in equity.
Hearing of the latter began this after
answer consuming considerable time. The
matter was not concluded when The stars
report closed
Capt. Bnrbour's Reply.
In his answer to the bill in equity Harri-
son S. Barbour denies that his interest was
a one-fourth interest In the profits only,
and claims that he held a full one-fourth
partnership in all the capital invested in
the business.
He admits that the~Aabilities of the firm
amc united to about one hundred and twen-
ty. five thousand dollars, and claims that as
surviving partner at the time of his faith
er's death he had assumed entire control
of the business with the full consent of the
parties interested. He denies that he has
taken possession ard retained the assets OF
Barbour & Son in his capacity as admin
istrator. He states that John A. Hamilton
has been constituted manager of the busi-
ness of Barbour & Son, and las been In
full possession and control of the business
and assets of the firm. He states that his
failure to render an account as administra-
tor within thirteen months was due to the
repr :sentations Of the compliments, who
led him to believe that no accounts would
be desired, and that none, in fact, should
be filed until determination should be
made as to the disposition of the estate.
1t is denied that he was frequently re-
Quested to close up the affairs Of the firm,
except since December. 1894. and he claims
that between said date and the date when
John A. Hamilton took charge as manager,
period of about four months. 1t was utter
ly ridiculous to expect that he should have
closed up the business, in which a capital of
$3.50 0C0 was invested. and on which II bust
ness of $500, 900 per annum was being done,
without gigantic loss.
He denies that he has repeatedly avowed
to the compliments his intention to con-
tinue the business indefinitely, and states
that since the placing of John A. Hamilton
In charge of the business he has suspended
his efforts and endeavcred to prudensly
wind up the affairs Of the concern. He
claims that whatever purchases have been
made have only been such as were proper
and necessary, and that care and prudence
have been exercised on his part in the CIV
ing Of credits,and that on the new accounts
opened by him but small loss has been In
CURED. That of actual loss incurred on ac-
counts the principal portion has arisen by
the continuation and extension OF credit to
old customers Of the firm. the extent of
whose credit in most instances had been de-
termined upon and fixed by James l.. bar
bour in his lifetime. He further claims
that such loss had rot been unusual in the
conduct of business of the character and
size of this firm
Two Inventories.
In regard to assets Of the firm, Capt.
Barbour acknowledges that after the death
of James L. Barbour they amounted to
the sum of $500. OOO as shown by an inven-
tory, made by the employees Of the firm, in
which all stock on hand. of whatsoever
nature or whatsoever condition. was placed
at the cost price wholly without regard
to the market value of the same. He ac-
knowledges, also, that the liabilities of the
firm at the time of the death OF the senior
partner amounted to $125.OoO. and that
they now amount to s96.00O indicating
substantial reduction. He denies emphat-
ically that the assets at the present time
amount only to the sum of $3O9.OOO. He
claims that these figures are based upon
d
as basis of comparison are wholly de-
ceptive and misleading, inaSmuch as the
slast inventory was made by different per-
sons from the first, and whereas. while the
first was based upon the actual cost price
of the stock irrespective of the condition
the latter is founded upon the individual
Judgment of the different appraisers. Fur
Their answering this charge, Capt. Bar
bour AYERS that he does not question the
integrity Of the gentlemen making the ap
praisement, but invites attention to the
particulars solely for the purpose Of show
ing that an entirely and completely diff
ferent basis was adopted by them in max
ing their inventory from that adopted
by the employees of the firm who made the
inventory at the death of James L. Bar
bour, in February, 1894 He asserts that
comparison besed upon inventories made
upon the same basis and same principles.
instead of showing the shrinkage as the
compliments bill alleges. shows an ac-
tual net profit in the conduct Of said bust
ness during the year ending February Z
of about $4,000.
Capt. Barbour claims further that the
compliments were utterly unfair in their
designation of the different claims to the
credit of the firm, and he charges that
placing the item of S11 900 against himself
among the worthless debts seriously i'm
paired his financial crsdit and standing
and was misleading and false. The COM
plainants, he states, have classified about
100000 as bad debts, and in this respect
Capt. Barbour takes the different debts up
in order and replies to the charges. He
claims. in effect, that many of these debts
were Incurred during the lifetime of James
L. Barbour, and were made In the line of
protecting the firms business. Others, he
says, are entirely good and can be easily
collected. while he calls attention to the
fact that some of the debts classified by
the compliments as bad have already been
paid.
Bad Habit Charge.
He denies that the management Of the
business has been intrusted to clerks and
employees to any greater extent than was
the case during the lifetime of James L.
Barbour. Regarding the charge of bad
habits. the reply says: This respondent
positively denies the allegation that he is
addicted to the excessive use Of intoxi-
eating liquors, and says that the allegation
concerning the same, rejecting upon him
so seriously as it does, is wholly inbound
ed, unnecessary and scandalous, and he
cannot believe that the same was inserted