Daily capital journal. (Salem, Or.) 1896-1899, 1898-11-07
BUSH VS.. KLEIN
Great Suit Over the Possession of
a Stock Of Boots and Shoes.
Charges Of Fraudulent Disposition o.
Stock Heard Before Judge Boise
in the Circuit Court.

suit for A. Bush W.. A. Klein ant
wife and the Pendleton Shoe Co., u
set aside a settlement between th,
parties.
Ford and Slater appeared for Mr.
Kleln. Holmes opened the case With {
statement that Klein owed Bust
$4,000, and also eastern parties large
sums. Klein represented that he wa,
turning over all his property to Bush
In exchange for his notes. The trans
fer of his house and lot was not called
in question. They charged that Klein
had clandestlnely secreted $4,000
worth OF the stock, while an inventory
was being taken. They called In ques
tiop the correctness OF Kleln's repre-
sentations as TO the value OF the stock.
The inventory was a crude affair, made
on scraps OF brown paper. There was
controversy over $500 In gold COIN,
which Mr.. Bush gave Mr.. Klein as a
gratuity, which Mr.. Klein claimed he
had received In the due course OF
settlement. The entire stock turned
over was not worth over $4,000, after IL
was culled over by Klein, and the best
shipped out aud secretly disposed OF.
Mr.. Slater stated case for Mr.. Kl elm
and the PendletOu Shoe Store Co. He
denied all the material allegations,
and that the Pendleton Shoe Store
Co., had no existence. Mr.. Krausse
had withdrawn as a stockholder be-
fore the corporation was formed and
completed.
Judge Boise asked when the IN
solvency OF Klein took place
"In 1897. We don't admit there va s
any insolvency. In view OF insolvency
the settlement had been made. In
ventory as TO 'the cost OF the goods
had been made at the demand OF the
defendant, and then at his de-
mand the stock was turned over. The
compromise was made under demand
Of plaintiff. The real estate was
worth a great deal more than what
IL was turned over 10 plaintiff for. :"
The inventory showed cost TO be
$4,000 TO $4,000, and they ,were
turned over at an estimated cost OF
$4,000 and accepted at that value by
plaintiff.
Defendants denied that Klein had
agreed to turn oyer all his property,
OF anything but the residence and
stock az per inventory agreed upon
The bill OF sale Of the stock was on
file at the clerks off:ce and the real
estate had been sold TO Mr.. Leeds.
$4,000 Of property was turned over
to Bush for Kleln's uotes and $500
cash.
Were the goods shipped away no
part Of the Klein stock? Klein had
other stock In warehouse on another
lot-a reserve stock-that he shipped
20 Pendleton as his own property and
after the settlement was made.
IL was charged that defendant had
taken money from the store and de-
posted IL In the name OF young
lady who afterwards became his wife.
This was denied. No money was de-
posted by Klein except wages saved
by him, which he gave TO his wife.
Defendent was given charge OF the
accounts and notes OF the business,
which he collected aud by agreement
pat In the bank TO his own credit
The allegation that Klein had
bought lot aud vas building a
palatlal residence out OF moneys col
ected for Bush was denied. The lot
,ost 1925 and was paid for out OF his
savings at S75 "A month wages paid !
him by Bush. The house was a
modest cottage built by his own
labor and out OF materials furnished |
him by persons owing him (Klein)
bills, The residence turned over TO |
Bush cost Klein $500. Bush agreed |
20 accept deed TO the residence and |
bill OF sale OF the stock In the store
II $4,000 and paying balance OF $500
n cash, aud surrender To A. Klein his
notes and obligations. Klein contln-
led TO work for Bush for one year at
'75 month. Klein had lived for $50
month and had saYed the balance.
THE TESTIMONY
or plaintiff comprised statements OF
!. j. Murphy, who rented 70 Klein
nd was informed by him that he
ould pay no rent the last year OF
wo, that he had nothing, had turned
yer all the stock, etc.
VIM. Armstrong was next witness.
Warehouse was 30 or 40 feet back OF
furphy block used by Klein. The
wo parts OF the warehouse opened
nto each other. Knew nothing
bout Klein putting stock in there.
Cross-examined by Ford: Was a
artltion between his shop ana ware
ouse used by Klein. His shOeshop
Ias formerly a little woOdshed. He
ntertained the court aud bystanders
nd Mr., Ford got out OF him what he
anted, that he knew next TO nothing
bout the matter ln question.
Thomas MaplethOrpe; shoemaker
| Columbia Falls, was salesman for
!, Klein for years; August 1897 he
llt- Went 10 Kootenal country aud
astern Oregon, at instance OF Klein
} look up location for a shOestore
" Klein, Klein had asked him only
} lind a good location.
lie chose PendletOn. tie knew stock
as t1 come Ia part from Salem; knew
ley were In warehouse back OF store