Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-04-14

STATEMENTS. MANUFACTURED
ACCOUNTS, OR THE LIKE,
SHOULD BE REJECTED ON THE
HEARING OF THE CAUSE.
The facts of the case appear from the
courts remarkable opinion.
The court says:
Plumb, a mechanic.-a house painter
and paper hanger.-with little capital,
but lots Of pluck, began business as a
green grocer in n little old frame build
Ing in Parkersburg: his wife, Mary
Jane Plumb. at about the same time
running n restaurant, both working to-
gether for mutual beneflt,-not an I'M
common occurrence for husband and
wife; not q thing to arouse unwarrant-
cd suspicion or to create alarm Being
good Raptists, they made the acquaint-
ance Of the plaintiff, Atkinson, who was
also n good Baptist, and regular at
tendant at church. Brother Atkinson
was notary public, real-estate
agent, and money lender. and at one
time was engaged with witness Piersol
in running a tow show boat along the
Mississippi river and its tributaries
Piersol running the boat, and Atkinson
furnishing the means. This latter is
cautiously revealed on -examna-
ton, and is n matter that should have
its due weight in this controversy
Through the advice of Brother Atkin-
. cpH i'iotHtI DuTCHdScQ n small
STOCK OF goods and groceries of one
Stage, who wanted to retire from bus
mess. Brother Atkinson moved his safe
and desk into Brother Plumb's store
and the latter went into business on q
much larger scale. To procure money,
or meet bills, notes were given to the
bank. which. as Brother Plumb states.
Brother Atkinson endorsed readily
without the asking The building in
which the store was situated belonged
to one Mum Jackson, but this probably
had little effect on the transactions be-
tween the parties. Business was NOV
Ing along prcsperously at least seem
ingly., when Brother Atkinson suggest
ed to Sister Plumb that they should
buy home and put it in the wife's
name. a suitable property with the
aid OF Brother Atkinson was found
and purchased for $1,130, on credit, and
to pay the purchase money. after some
intermediate transactions. finally loan
was negotiated with the Traders Build
ing Association. and a deed of trust
executed on the property TO secure the
same, originally $1,000. now about
cqualinE the market value of the prop
crty. This is the property now in con-
troversy. At length Brother Plumb's
notes and bills began 10 mature rapid
ly. and he sometimes imbibed too free
ly, and became Frustrated. Brother
Atkinson continued to sign notes for
discount. until, becoming IL little weak
in the knees. and Sister Plumb being in
poor health. he induced her to make Il
will giving her property to Brother
Plumb. that in case OF her death he
could be secured as indorser of notes.
Creditors becoming impOrtunate and
threatening suit. Brother Atknson's
faith gave way entirely. and. becoming
aroused and alarmed he figured un
Brother Plumb's liabilities. and found
them much larger than had entered into
his dreams. He at once insisted on
Plumb confcssing judgment to him
There was already n Judgment in favor
of Shattuck e Jackson This latter
straw broke tho camers back, and the
store was taken possession of by n
constable: Brother Atkinson
rushed off to consult learned attor-
ncy-at-law, who advised an appeal to
the court. A-hill WAS filed, and the
Plumbs summoned. and brotherly kind
ness no longer existed between the par-
ties. The defendants employed another
attorney Thus ensued the battle of
legal giants. Day after day 1t was
waGed with ceosecss vigor ard tirelass
energy. There follows long account
OF the testimony of Mrs. Plumb and
copies of her book accounts against her
husband, and the court proceeds:I
When. however. she was cross exam
ined about this book rather severely
by Mr.. Hutchinson, she became quite
sick. and her statements became rather
wild ana wandering. Her counsel in
sisted that she was too i'll to go on with
the examination. and that he had a GER
tihcate or physician to that effect
that he had not intended to show. and
of which opposing counsel was aware
After some further alteration between
counsel. the taking of her evidence was
adjourned until another day The wit
ness was finally compelled to admit
that the first statements about the book
and the account contained therein were
untrue. caused by her failure of mem
DRY, loss of sight. and ill health. It
clearly appears that this account in thie
book was fixed up by the defendants
after the institution OF this suit. This
whole account. except that she may
have received the money. was undoubt
eddy manufactured for the purpose OF
this suit by collusion between the de.
PENDANTS, and entirely discredits their
testimony. There are many other
things detailed by these defendants az
to their money dealings with one an
other. especially the accuracy with
which every dollar of account between
them was carefully kept and accounted
for. so different from the ordinary re-
lations existing between husband and
wife. when the wife imposes such i'm
plicit trust and confidence in her hus-
pand as represented by them. that rem
DER their statements improbable. and
deprive them of any weight in the de-
termination of this cause. Atkinson
was fully aware of what was going on
oil the time. and connived at 1t. but.
as brother in the church. he had no
idea that those who were in such close
communion with him would deceive or
attempt to defraud one OF the chosen
band OF Gideon. They might despoil
the gentiles. but not the elect: and they
Undoubtedly humored him in this be-
LIEF, for Sister Plumb was very care
1ul 10 assure him that he should not