Akron daily Democrat. [volume] (Akron, Ohio) 1892-1902, 1902-03-29

with Mr.. Cornell in which he announc-
ed that the dogs or hounds, something
of that. wanted him to execute will,
but he would not do 1t.
Now, this testimony comes to the
front after this motion is filed. Mr..
Vail had a contest with the executors
over this stock. | don't think Mr. Cor
nell ever intended to give this man this
stock, that was not the purpose Of 1t.
Mr.. Cornell had little stock that he
didn't want my friend Bowman down
here In the Auditors Office to get at,
and he put it in the name of Mr.. Vail,
aud then Just quietly held the certif
Gates himself That is all there was
to that.
IL there was any idea in the mind of
Mr.. Vail that this was not proper
instrument and it was improperly ex-
ecuted, and that it was forgery and
a fraud, it is strange to me that Vail
did not raise that question with these
executors when he was having a con-
| test with them. l would have done
SO. They would have known of that
declaration before this. Apparently he
did not do so.
| I come now to consider the general
question of the fraud alleged to have
been practiced by these executors. |
cannot 60 into all of the details that
impel me to come to the conclusion
that do, and I don't want to occupy
too much time discussing it. | could
not do justice to the subject in an oral
opinion If / undertook to, but it is
here; l am to say something about it..
have known Mr. Baird for twenty
years; Mr.. Wright, did not know him
quite so long; Mr.. McFarlin l was not
| WCll Will. ne
of these men, however, in the COM
munity has always been excellent, and
it has been of such a nature that it
is not to be lightly set aside. Fraud
must be proved 1t cannot be guessed
at. While it must be proved, it is not
ordinarily the usual run of proof that
establishes fraud, but it is the little
things that crop up that show it; and
while it is true that men of good
character are to have that character
taken into consideration when they
are charged in manner and form as
they are charged here, still that alone
does not shield them, and ought not
to, if the allegations are proved
against them.
A man may have good character
and a bad reputation. He may have
a bad reputation and good character.
There is broad distinction between the
two. But / have heard this evidence
from beginning to end, and have con-
sidered it, and if thought that they
were guilty of conspiracy in an at
tempt to rob Mr.. Ritchie would set
aside their appointment and make
them file final account. just as quick
as | could, and would not hesitate to
it if it was the last official act in my
life, but | do not find it. do not
find from this evidence that they have
been guilty of any conspiracy or any
fraud, and | know another thing that
there is not man who has heard this
evidence, with one exception, who be-
lieves that they are guilty of any fraud
or any conspiracy as against Mr.. Ritch-
ie. There is not the shadow of case
here of fraud OF conspiracy. 1t is not
made out. And, as | have said, no.
body believes it save one man, and |
am charitable enough to Mr.. Richie
to say that l believe he believes it;
believe he does His peculiar char
acteristics his disposition to have a
contest, the fact that he thinks he
has been wronged some place along the
. line of his operations-possib by the
| McNlullens, by Payne or by Burke. or
N ~