Marietta daily leader. (Marietta, Ohio) 1895-1906, 1900-10-18
Mr.. SIne's Statement.
Mountain state Business College,

action against Benn j. Ferguson of the
Marietta Business College to recover
$1,000 alleged to be due for tuition fol
brother of Ferguson. 1t is also stated
in the same article that thirty days
postponement of the trial was given
to get the deposition of young Fer
guson, during which time a counter
claim was filed by Benn ]. Ferguson OF
$147.5O for services performed, and
that upon Oct 18th the day set for
trial upon failure of my attorney to
appear, Ferguson was given judgment
for the sum of $14750 and also upon
the claim for tuition.
Permit me in justification of my po-
sition in the matter and that the pub
lie may know all the facts connected
with the litigation, to reply as follows:
1st. 1t is true that I sought to re-
covers10.0O from Benn ]. Ferguson be-
ing money which he had agreed to pay
for his brothers tuition at the Noun
tain State Business College in this
city. He had refused the payment OF
che amount when demanded and the
claim being one which he was morally
bound to pay, having assumed its
payment, and his brother having left
the institution without paying 1T, l
brought suit. IT Is also true that
upon the day set for trial my attorney
did not appear and that Judgment was
given as stated, for $147.5O. There
would have been an appearance at the
trial but the deposition Of Ferguson's
brother had not been obtained and we
had hoped up to the last moment to Sc
cure further continuance in order to
get the deposition.
2nd AS to the counter claim filed
by Benn j. Ferguson for $147.5O, 1t
may be fitting reply to state that 1t
has no foundation of fact whatever to
rest upon That it is purely and sim
ply game of bluff, a claim full of
deceit in every item and known to be
so at the time by Ferguson when he
filed it. Here Is the document with
which prof" Ferguson, the head and
front and back and tail of the Marietta
Business College fooled. the Justice,
and tried to s,windle the Mountain
State Business College Of this city out
Of nearly $4,000
Mountain State Business College.
To Benn ]. Ferguson, DR..
Fer preparing College Papers for Mall
ing, 23 nights, between the hours OF
and II P. M. between the fall of
'9S and the spring of 1900, "a $l.Oo
For labor preparing College paper for
mailing, " Legal Holiday, Thanks
giving Day, 1898 =. ........ l.oo
For Teaching Legal Holidays 12.oo
For services as Janitor from Aug. l,
1899 to Aug. 8, 1900. =. $4,000
For services rendered as Porter and
Errand Boy. lo'oo
For Services rendered by Mrs. Fergu-
son, decorating booth for Street
Fair, $50. ........... LOU
$147.5O"
3rd. Now for the facts. By writ
ten contract Benn ]. Ferguson was
employed by the Mountain State BUS
mess College as instructor in Short
hand and Typewrlting. During the
second year of his services, /, as presl-
dent of the College, by reason of his
unpopularity with the students, his
neglect of duty and ungentlemanly
conduct, did last June demand OF him
his resignation and on the oath of
July he rendered his resignation as
principal of the Shorthand department
of the Mountain State Business College
and it was promptly accepted. His en-
ployment by the College as instructor
began in April, 1898, and regularly ev-
cry month he received check for his
salary which was always honored.
He left the institution on Aug. Sd,
and was paid in full to date. AT no
time from the first day he came to the
institution until long after he had left
it did he ask for, demand, or in any
way intimate that there was one cent
due to him for any services except as
instructor in Shorthand and Typewrit-
ing. Upon the day he was paid in full
august 9d) he was asked to state the
amount due him and he was paid ey-
cry cent he asked. For weeks after he
had left the institution he did not in
any manner or form claim that there
was anything due him and 1t was moi
until the effort was made to collect
from him by law the $1,000 which he
had promised to pay, which he OWED
and refused to pay, that he trumped uI
the false, misleading and deceitfu
claims upon which he secured The
Judgment for $147.50. 1t is true he as
sisted with the mailing Of the college
publication, but in that he did simply
what has always been done by thos'
connected with the college as instruc'
tors. and with the common under