PLEADING THE BABY ACT

The Cortland Democrat, Friday, November 2, 1888.

Pleading the Baby Act.

   Dr. Frederick Hyde, of this place was, in his lifetime, one of the most eminent physicians in Central New York. He was also a thoroughly honest man and a Christian gentleman. When his services were sought he never inquired whether the sufferer belonged to the poorer or the wealthier classes. He entered the hovel of the poor as readily as the mansion of the rich and never tired of doing good.

   But while he was good to others he was not good to himself. It was only when cramped for money with which to purchase food and raiment for himself and family that he presented a bill. The consequence was that when he was gathered to his father’s he left a lot of accounts for medical services against well to do people and that was about all.

   Among the accounts was one against Horace L. Bronson, of this place, amounting to $43.75. The first charge was dated June 16, 1877; and the last September 5, 1885. After Dr. Hyde's death the account was made out and presented to Bronson who refused to pay the same. On the 10th day of December 1887, the administratrix of the estate brought an action against him to recover the amount before Justice Lewis Bouton of this place. On the return day, December 19, Bronson appeared and filed the following answer:

   1st. A general denial.

   2nd. That plaintiff’s account had been paid.

   3rd. That the alleged services were rendered upon the employment of Miles Hyde.

   4th. That the cause of action did not accrue within six years before the commencement of the action and that the alleged cause of action is outlawed and is invalid and null by the statute of limitations of the State of New York.

   5th. Statute of Limitations.

   6th. That all that part of the claim set forth in plaintiff's complaint for alleged services claimed to have been performed prior to Aug. 3, 1882, is outlawed.

   7th. Defendant denies that the services were ever performed at all.

   He did insist on it and the case was settled by defendant paying something like $14, of an honest bill amounting to $43.75.

   All of the services charged for, excepting $8.25, were rendered previous to the 3rd day of Aug. 1882, and if defendant insisted on it, were barred by the statute of limitations and of course could not be collected if Bronson insisted on that defense.

   An honorable man never pleads the statute of limitations to avoid paving an honest debt. It is not considered an honorable defense, and is never resorted to except in extreme case and then only to avoid the payment of a dishonest claim. It is the defense of babes. We give the facts. Anyone can substantiate them by calling upon Justice Bouton and examining his docket. It is a matter of record and will remain so to the everlasting shame of District Attorney Bronson.

Ithaca Giant Knocked Out.

   SAN FRANCISCO, Oct 26.—The match between Joseph McAuliffe, heavy weight champion pugilist of the Pacific coast, and Mike Conley, the "Ithaca Giant," for a purse of $2,000, took place to-night in this city. Conley was knocked out in the second round.

The Penalty is Death.

   ITHACA, Oct. 26.—Richard Barber was to-day found guilty of murder in the first degree. On the night of the sixteenth of last March, he went to the house of an old couple named Mason, and during a friendly chat with Mr. Mason he felled him by many blows on the head from behind. Barber then went to Mrs. Mason's bedside and clubbed her to death, afterwards setting fire to the house and burning the body of his victim. The old man escaped from the building, but has become insane as a result of his injuries. Barber's sentence will be imposed on the 30th inst.