Norwich bulletin., 1909-11-03

ings of Winuharn. W. M. Durkee of Ashford. James Lowry of Brooklyn, c. H. Thayer of Eastford, w. H. Harris of Pomfret, c. E.. Simpson Of scotland, c. M. Munyan of Thompson, John Arn- old of woodstock. Frank Fitch of Put nam, F. D. Chandler of Hampton, Nell son Bennett of Sterling.
 Complaint alleges that Mir. Chesbro gave plaintiff a note for s700 dated July %. 1908. due in one year. The second count alleges that MT Chesbro had paid s200 on the note. Third count alleges that in January, 1909, MT. Ches-- bro obtained the note on the pretext of wishing to examine it, and that he then burned and destroyed the note.
 Defendants answer admitted that he gave the note for s700, but denies that he had paid $20O on same. and also denied that he had burned the note and set up a new claim to the effect that Mir. Peck, the plaintiff. burned the note himself, and thus cancelled the obliga- tion. Plaintiff denied defendants an- swer.
 Joseph Peck. the first witness, stat ed that Mir. Chesbro gave him the note for $700 as alleged in the complaint. He further testified that some time in January Mir. Chesbro sent for him and told him that he had a recent trouble and that he wish to clean up all of his personal debts.and that he did not care to have 1t become known that he had given him a note and he asked him how much he would allow him If he paid tt. Witness testified that he told him that he would allow him con- sideration of she paid it then. There was some further conversation, and then MT. Chesbro requested witness to go into the woodshed and then ask ed him to let him see the note, and he passed it over to him, and MT Chesbro then touched match to It, saying that in case of his death no one would know about it and that he would pay it when it became due.
 Told of Burning of Note.
 Witness claimed great surprise and said that he went to Lawyer Chesbro, brother of the defendant, and told him about the burning of the note, and then went to Attorney G. E. Hil- man, who advised him to do nothing l1nfil the time the note became due.
 The attorneys advice was followed and on July 25 1909, he went to MT Chesbro to collect the note, then due, and he was told if he would produce the note he would pay 1t.
 Received Check for $20o. In February he went to New York and needed monty, and acked his fath- CT to go to MT. Chesbro and ask him to pay $500 on the note, and short time after he received a check fol | Sl31 that his father sent him that came from eN-. Chesbro to apply on ac- couh:.
 Was Told There Was No Note.
 l.. Feiner testified to having seen tho lnote and that MT. Peck had asked hin lto keen the note and other papers 1T This safe. This was in August, 1908 and he did so until December, 1908 He said that on Feb. IS, 1909, Josepl l Pecks father had shown him lettel and a telegram from the son request | ing him to see Mir. Chesbro and get { payment on the note and he had gon' | with the older Mir. Peck and saw MT Chesbro give him check for $200 | Saw MT. Chesbro in June and hat asked him why he did not pay MT Peck what he owed him and he saiC that there was no note in existence.
 A Request for $500.
 Aaron Peck testified in the after noon that he had received the lette | from his son Joseph as stated by pre- vious witness and had taken 1t to hin to read. They went to MT. Chesbro' together, Feiner having told him tha the letter was a request for $500 O. the Chesbro note. MT. ChesbFo sai he could only raise S200 and gave wit
 ness a check for that sum.
 I Had Started Peck in Business. MT. Chesbro was called and testifie | that he had lived in Willimantic abou thirty years and had known Josep
 Peck for fifteen years. He said wit