Clarke courier. [volume] (Berryville, Va.) 1869-1997, 1901-04-24


Editor Post: AS the Hon X. T. Bar.
ton and Marshall Mccormick have used
your columns TO try the Berryyille Land
and Improvement Company case, and as
,hey have therein quite extensively ex.
plotted their side, perhaps you will al.
low me to say a word for the other side.
The Hon. X. L. Barton, in what Mr..
Marshai Mccormick, in your issue of
the 10th instant, styles as IAN obscure
and ambiguous communication, saws
that the uncontradicted evidence in the
case is that he was not and is not coun-
sci Tor the receiver, Gold. The prouun-
ciamento of Mr.. Mccormick, in his very
clear and unambiguous style, is to the
same effect. Unfortunately for these
gentlemen, they have both made affids.
Wits in the matter The petition upon
which the injunction in this case was
granted makes in effect the charge that
the Hon X. t. Barton was on both sides
OF the case. In his affidavit, while ad-
hitting that he was for a short while for
the stockholders, Mr.. Barton saws that
he either retired or was dropped from
all connection with them, because no
provision was made for the payment of
his fee. While in that cold and clammv
condition Zone which all must admit is
most disagreeable for an eminent law
yer and law writer like MIR. Barton to be
i'm he was approached with propositions
from the other side. He made counter
propositions 10 Mr.. Mccormick and Mr..
Moore Il quote from his affidavit) that
If they would secure the dismissal of the
suits common law against H. H. Dak-
er and others, he would then be wholly
at liberty TO appear for Mr.. Moore, and
that AFTER some correspondence he re-
| ceived letter from Mr.. Mccormick
stating that no opposition would be
made to a dismissal of the suits against
MIR. Barton's Winchester clients, upon
the grounds on which Mr. Barton relied
TO defeat them. Now, Mr. Gold and
MIR. Moore, receiver, occupy precisely
the same position. \ blow 10 Gold. re-
ceiver, will bowl over Moore. Now.
what does Mccormick saw in his affida-
vit2 | quote: "Affiant SAYS that Il is not
true that either he or Thomas ID. Gold.
to atlantis knowledge as to the latter
made any arrangements with r.. T. Bar
ton TO have the suits dismissed or TO
agree 10 their dismissal on the condition
that X. /. Barton should not act as
counsel for the receiver" Let me call
attention TO some further "uncontra-
dicted evidence" in the case Mr.. Bar.
ton appeared in the Court Of Appeals for
the receiver and argued the case for him
| orally and by written note to which
his name, or that of his firm, was signed.
According TO the affidavit of the Judge
in whose court the orders were entered.
Mr.. Barton stated that it was made n
condition precedent that the stock
holders whom he represented should be
released from all liability before he
would consent TO represent contrary
interests, and in effect that the Judge
was informed that the whole thing was
done by consent. The judge was so sit
uated that he could not otherwise ACT
IL Is made in both of these communica
tons 10 appear, particularly in that of
MIR. Mccormick, that these law suits
were not dismissed by anv agreement
between Barton and Mccormick. or the
receiver, or anybody else, hut that they
were dismissed, as appears by the record
upon an order by the court.
There is no more conscientious nudge
in Virginia than the Hon. Thomas w
| Harrison;there is no higher man than he
1t is absolutely impossible to get him 10
make an order in case in which he
thinks II is not proper for him to act
unless by consent of parties all around
II is in justification OF him, therefore
that | publish this article. as well as "a
counterfeit whatever NAV be the object
Of these numerous letters in The Post
| nave an affidavit myself TO file in the
case, and shall file il next Saturday be
fore Judge NicOl at Manassas. What I
shall have to say, shall say TO him. and
shall not trespass further on your col
umns, preferring rather to argue the
case before the Judge than attempt in
| the columns of your paper. which has 2
( large circulation in Virginia. to preiu.
| dice public opinion.
CONRAD KOWNSLAR.
Berryville, Va, April 16, 1901.