The Providence news. (Providence [R.I.]) 1891-1906, 1898-09-12

SHARP PRACTICE EXPOSED
Ashton Secur:s Action Against
Collector Irving.
CURIOUS STORY OF AN ORDER.

Judge Sweetland In the civil division
OF the Sixth District Court this morn
ing administered some caustic remarks
on the manner of doing business of GER
tain agencies engaged in the collection
of debts in this city. These men get
an accommodating attorney to give
them writ, and, being totally ire
sponsible parties. resort TO all sorts OF
tricks to get money that may or may
not be due, relying on the idea that
men sooner than go to the trouble or
cost OF trial will pay the claim.
The case before the court was that
OF John Ashton against Nathan +. Irv-
ing, and the action was one of deceit
To recover 50. The testimony in the
case was OF an interesting nature. Mr..
Ashton testified that he was employed
at the Gorham Manufacturing COM
pany's shop, and writ was served on
him attaching his wages. The writ was
but a few hours in his hands. when he
told his wife the next morning to go
down and see the defendant. whom he
had been informed had charge of the
claim. His wife went on the errand,
but Irving came out to see him and
asked him IL he could pay 81 on the
debt, saying he wanted to be easy with
the plaintiff Irving took the plaintiff
into a barn after the plaintiff had
Gagreed TO sign an order on the Gorham
company for his wages. the defendant
agreeing to pay back 80.
On cross-examination Mr.. Ashton In
sisted that Irving promised to pay him
back the sum named. and that the pay
master at Gorham's when he Ashton
was called into the Office said that the
order called for all his wages, and he
was foolish to have signed such an or
der, but that IL the plaintiff refused
now to honor 1t, all his wages would
be tied up and IL would cost something
to get his money. and that IL the money
was paid to Mr.. Irvinr the witness
would not get 1t back, as ne paymaster
knew Irving. Ashton admitted that he
gave verbal orders TO the paymaster to
pay $40 to Constable Potter, who came
out to collect on the order, though he
reiterated a statement to the effect that
he trusted Irving would pay II back.
and Irving did agree TO meet the plain
tiff the same day the money was paid
and pay 50 back, but neglected to so do.
Mrs. Ashton testified to going to Irv-
ing's office several times, and that once.
after she brought a letter there from
Attorneys Page a. Page, Constable Pot
ter brought her SO. which she refused
to accept. Irving had refused to give
her a receipt for the $40, because.
begun was for $S.74, he claimed the
costs had not been paid. Mrs. Ashton
also testified that Irving made an in
sulting grimace at her.
Attorney Cushing, who represented
the plaintiff. wanted to Introduce tes-
timony to show that this kind of deal
ing was common with the defendant,
but the court ruled IL out. Constable
Potter was the first witness for the de-
fendant and he testified there was
about $13 due Ashton, and that gentle
man after some talk ordered IL paid to
him, Potter. Ashton said the order was
for $40 but there was no sum named In
the order. Mr.. Potter explained the SO
incident by saying that he had a long
talk with Mrs. Ashton, who claimed to
be in very poor circumstances, and he
advised Irving and his partner, Par
menter. to give her SO and the advice
was followed.
Whom did you pay the money you
collected at Gorham's to?" asked Judge
Sweetland
"To Irving" was the reply. why
did you not turn IL over to the lawyer
whose name was on the writ?" asked
the judge.
There was an ARRANGEMENT by which
il was to be paid TO the agency"
why. don't you serve writs for law
yers who are responsible. and do your
business with them instead of these
men who hang on the skirts of the law
business and are not responsible" was
a further query put by his honor.
II do serve writs for lawyers" said
the constable, but II was plain in this
case an attorney had practically moth
ing to do with the case except hand a
writ to the agency.
Irving took the witness stand. and
testified that he never agreed to pay
Mrs. Ashton back any money. but
| agreed to nay 81 a week on the balance
due over $40.
Judge Sweetland. after expressing
his opinion of this kind OF chicanery
i'm Language that was far stronger than
he generally uses in rendering a deci-
sion, gave judgment for Ashton for 80
! and costs.