Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1898-12-01
The MusCoda Hotel Case.


On Tuesday morning of this week
civil case from Muscoda was called ia
Judge Clcmentson's court in Lancas-
ter. The case is brought by Banker
A. G. V Elson and DR.. G.. Il. Picker
ing, executors Of the last will and
testament OF Christiana Moore, wife of
Col. j. b. Moore, both deceased. Vir-
tually the plaintiffs are the heirs of
Mrs. Moore, of which Thomas Cheese
bro [once postmaster at Lancaster) is
the principal one.
The defendant is John Smalley who
has for more than twenty years con-
Quoted the Smalley hotel in Muscoda.
The heirs OF Mrs. moore are repres-
ented by Attorney j. NJ. Cubela Of
Muscoda and Burr w. Jones of Madi-
son. Landlord Smalley. the defend
ant, has for counsel Attorney A. G.
Eastland of Muscoda and Richmond &
Smith of Madison.
A history Of the case, without bur-
dening the reader with Gates and fig
ures, is interesting. Colonel moore
was a rich and popular man. Years
age ne owned great deal If the land
where the thriving village of Muscoda
now stands. He built a bridge across
the Wisconsin river and the travel
from Crawford county brought him
large revenues in tolls collected for
crossing the bridge,
We gathered what here follows from
opening remarks Of one Of Smalley's
attorneys:
At that time John Smallev was run
ming small hotel in the town Coll
onel Moore went to him aud unfolded q
plan for expanding the hamlet into a
city. One part OF the program was to
build a tremendous hotel aud Smalley
was to run it. Smalley did not have
money enough to build the proposed
building. He had only about $4,000
and the new hotel would cost at least
$40, 600. Finally the Colonel, by rep-
resenting that he would furnish the
extra eleven or twelve thousands Of
dollars, prevailed upon Smalley to en-
bark in the new enterprise, and in 1874
the new Smalley house was erected.
Into it went Johns old hotel and two
livery stables and all thst he had
The new hotel was failure as an in
vestment. Other bridges built across
the river at other points took away
the trade and Muscoda did not expand
as had heen anticipated; but Smaley
continued to bear the burdens of q
large hotel, brayelv lighting against
fearful odds, and has since that time
and until now succeeded in paying the
rnnning expenses and keeping the
building in fair state of preservation.
He testifies that he furnished free
board to moore and his family and
visiting friends for many years with
out receiving any remuneration other
than mutual understanding, unex-
pressed in writing, that il was to wipe
out the debt which he owed to Moore
on the hotel smallev aflirms that he
was the obedient servant of the MOORE
as long as they lived and that he sup
posed the hotel was to be his when
they were dead.
Colonel moore died, leaving behind
him notes and mortgages rom Small
ley that were uncancelled and unre-
leased. They came into possession Of
widow Moore and She died about two
years ago without having ID any wa.
disturbed the fepose u SmalIey il Fiji
hotel arrangements. Now come the
heirs Of Christiana and ask tht
Smalley be forced To pay the notes ~
give up the hotel Under the law
smalley i exempt from paying tile
notes As they have come ontlaWed;
but he heirs claim they have become
renewed by the fact Of certain endorse
ment Of interest Of late date appearing
Oh them, and smalley claims that the
endorsement had no right To appear
% them AZ lie never paid any interest
and the Mootes did not expect him TO
/ pay any
Dell Morriss ~ bloomington
was in Lancaste % business Monday.