The San Francisco call., 1899-04-13
OLD AFFIDAVIT is PRODUCED
DESCRIBES THE DEAL BETWEEN
THE BROTHERS.
Former Justice of the Peace Kirk
patrick Says William Murdoch
Admitted Having Exc
cuted the Note.
Special Dispatch to The Call.

WILLOWS, April 12.-When the Muir
dock note case was resumed this morn
ing GAVIN Murdock, husband of the
plaintiff, was on the stand and his
cross was continued by
General Barnes. He repeated much of
his testimony of yesterday, giving
4 dates and the sums of money given by
Samuel Murdoch to William Murdock.
The witness told his story in a simple,
straightforward manner that carried
conviction.
The next witness was T J. Kirk
patrick, a prominent farmer and a
brother-in-law of the plaintiff, and it
was during his examination that the
first genuine surprise or sensation of
the trial was sprung. Witness testified
that he was Justice of the Peace i'll
1917 and 1873 in the township in which
O. w. Murdock and Samuel Murdock
lived. Samuel MurdOck, William Muir
dock and himself were very friendly.
Witness was the adviser of Samuel in
the latter's lifetime. Two years after
the day of the signing of the note in
question Samuel called on the witness
and said he wanted him to act as
guardian of his grandchildren (the
children Of plaintiff) and if anything
should happen to him (SamueD before
the note came due he wanted witness
10 see that the money went to his
grandchildren. In order that Kirk
patrick should be advised as to par
ticulars, Samuel Murdock wished to
make an affidavit, and did swear to the
following:
October 81, 1879 Olimpo, Colusa County.
California l. Samuel Murdock will make
a true statement Of the business transac-
uons that have existed between myself and
William Murdock, both of COlusa County
State Of California, Postoffice Kanawa.
} began !oanng money TO said William
Aurdock in the year of 1861 or g. l will
not say which, and did continue to loan
10 the said William Murdock my money
until 1871. The first he borrowed from me
was money that was left to me by my
fathers estate and my brother William
Murdocki who had previously died in
have $4,000 the first loan. l then loaned
him the money that l sold my wool and
sheep for from year to year and trusted
10 William Murdoch to keep the accounts
as ] had no education. l think he kept
the books as correct as he could until the
last transaction, the settlement with
GAVIN Murdock. l loaned him $1,000 in
April, 1876 and when 1 made my final set
tlement with GAVIN Murdoch l loaned Will
liam Murdock the $4,000 the 5th of Sep
tember 1871 which was about two years
ago. l have settled with William Muir
dock and have taken a note from him for
lir amount que me- QdLeQ september D,
1877. and made payable TO Mary H. Muir
dock for the benefit of my two grand
sons. Edmond and Samuel Murdoch, and
due twenty years from date.
SAMUEL Y MURDOCH.
(mark)
State of California. County of Colusa.
On this the 31st day of October. 1879,
before me, T. J. kirkpatrick, Justice Of
the Peace in and for Stony Creek Town
ship, COlusa County, personally appeared
Samuel MurdOck, known to me to be the
person whose name is subscribed to the
within instrument and he acknowledged
to me that he executed the same.
In witness whereof / have hereunto set
my hand and private seal, having no seal
of office, the day and year in this certifi-
cate first above written.
7. J. KIRKPATRICK,
Justice of the Peace.
This affidavit he showed to William
Murdoch, two months after it was
made, and, the reasons for making it
having been explained William Muir
dock said it was all right.
The introduction of this document,
which looks as old as it purports to be,
created a sensation.
The witness also testified to having
been present at a conversation between
Samuel and William Murdock in 1878,
at which time William was trying to
induce Samuel to reduce the interest on
the note from y per cent TO 10 per cent
an0I1r1