West Virginia argus. [volume] (Kingwood, W. Va.) 1877-1946, 1903-07-23
A PLAIN STATEMENT
From Member OF the Nestor Plano
and Organ Company.

there appeared an article treating at
considerable length, some private
business transactions of The Nestor
Piano and Organ Co.. and the char
acter Of its two members. have
been delaying this explanation so
that it might include the result OF
dastaidly attempt to prosecute II.
l.. Nestor for selling an organ to a
married woman whose husband had
refused to buy on his own account.
Let me explain:--
Early in May II. l.. Nestor
placed an organ in the home of a
farmer near Kingwood, and after
repeated solicitations the man re-
fused to buy. Accordingly III. l..
Nestor drove with a wagon to the
home in question and after backing
the wagon up to the gate, entered
the house and in the presence of
two witnesses, plainly stated to the
| lady that her husband had decided
not to buy the organ, and that he
had come to take it away; where
upon the lady expressed her salts
faction with, and attachment to the
instrument and her regret at losing
il. While our man Mr.. Bennett
closed, locked and otherwise pre-
pared the instrument for removal,
this lady proposed to buy the organ
on her own account, offering to give
her individual notes in payment if
that were satisfactory, STIMULATING
that though her husband refused to
help her with the payments. there
was "another man that would"
The offer was accepted, the notes
were signed and upon fathers de-
parture for Barbour the following
day, were turned over to me for en-
dorsement and discount. Upon in
vestigation, learned that the notes
were worthless, and decided that as
soon as convenient / would have
them secured or cancel the deal.
In a day or two, however, the
husband, who seems to have been
greatly incensed over the attempt of
his frow to srule the roost," came
to the Prosecuting Attorney with a
complaint of some kind. The man
denies on oath any recollection
whatever of the things he told Mr..
Fortney. Heaven knows, what he
did tell, but failing to get warrant
he brought his wife that SHE might
swear to the flimsy and groundless
charge that "H. l.. Nestor did
fraudulently, falsely and feloniously
PRETEND" that he was sent from
her husband to tell her to buy the
organ. In pursuance of this stupid
complaint my father was arrested,
and at the trial the prosecuting
witness admitted on oath that at
the very beginning of the interview
al her home she was told that her
husband had positively refused to
buy the instrument, thereby at once
contradicting and canceling the
complaint. 1t was further proven
by two disinterested witnesses that
there was absolutely nothing said or
done that could possibly have given
the woman grounds for any belief
other than that she was assuming
the entire responsibility of the pur-
chase and the sole risk of her hus-
bands dispieasure. In concluding
my explanation of THIS "rascally
job" desire to say on the authori-
ty of a magistrates record that these
facts are each and every one mat
ters of CERTIFIED PROOF, and not
the individual views of anybody,
my father having been promptly ac-
quilted after full hearing.
As to the lot deal referred to in
The Journal, tits true that II. l..
Nestor contracted to sell TO an Al
brightsyille man a piano, but the
county records will show that the
consideration was four lots and
twenty dollars instead of two lots
as stated IN The Journal. We re.
fused to deliver the instrument up
on learning that our customer had
contracted to resell il at figure 50
Insignificant as both to degrade the
piano and injure our business; but
we have positive proof that with
our refusal to deliver the instrument,
we offered an immediate cash settle
ment for the lots at figure FIVE dol
lars in excess Of that at which oui
would-be customer had sold hi.
bargain. This offer he rejected, de
handing that we pay him twenty
FIVE dollars more then he had agreed
to take from the third party. w,
failed (because Of our Limited
knowledge" and bent to "rascali.
! ty")to see any fairness in so unrea
sonable a demand as that, but still
we we're willing TO compromise IN,
difference, and when another 6our,