The daily union. [volume] (Washington [D.C.]) 1845-1857, 1849-12-11

WASHINGTON D. u, Dec. ~, io49
Count Of this District sitting in shsnosry, the issue Of
which cannot be Indifferent any American true 10 him.
self and honor Of bis country case heirs
of Gen kosciusko. This illustrious Pole brought to
this country from Poland $4,000 OF SIS 900, in l79s,
which he left in the hands Of Mr. Thomas Jefferson, who
invested H. and used TO- send the dividends interest
By will executed in this country in l7ss, Kosciusko
directed Mr. jefferson to employ this fund after his death
for the benefit OF such negroes as Mr. Jefferson might
quenty by will Of 1905, executed in France, Kosciusko
bequeathed out Of that fund certain portion to Mr.
Armstrong. of John Armstrong But then by will
property left France and England to sandy persons, he
revoked, In the most positive terms. all the wills and
codicils which he might have made previously OF
the will Of 1916 does not dispose Of the fund which
Kosciusko left in the hands Of Mr. Jefferson, the next
Of kin OF the former claim under the statute OF disr-
$4,000 Upon the death OF General koscusko, which
occurred in 1877, in Switzerland b. L. Lear, as admin
sator Of Koscuskos estate, took possession Of It, And
Bomford, administrator de bonis OF the estate OF
Kosciusko II appears that upon the death OF Colonel
Bomord only $55so in the stock OF the Bank OF Wash
de bonis non of Kosciuskos estate, H. H. johnson OF
this city, The balance, amounting to voc 900 or $5s
collected and wasted by Col Bomord The heirs OF
discovery account and relief, from and against the
present administration de bons non OF kosciuskos estate
from and against the administrator of the personal estate
OF COL B0mford and from and against the suretles to
the probate bonds OF Col Bomford The former OF the
defendants answered the bill and declared his readiness
to pay the $3.50 in the stock Of the Bank Of Washing
ton 10 whoms0ever the court may direct All other de-
PENDANTS demurred to the bill alleging multfarousness
and the want of jurisdiction Their demurrers argued
the last three Saturday. M MasS% oPensso
man, who argued ably for the heirs Of kosciusko and
gained great credit in the opinion OF all those who heard
him. On the last Saturday the Hon Revsrdy Johnson
Of Koscusko, closed the argument for the latter The
ability and eoquence Of Mr. johnson are too well known
to need any certificate from your reporter express
only the opinion OF his hearers more read in the law than
am, that his most powerful and able argument.
In conclusion, he said, that che is fully convinced Of
the parest motives q those counsel who preceded nun
the heirs but he greatly regrets that the heirs OF such
man as Koscusko was, were seeking justice in the
Ssy
calculated to place the case more remote from Its con-
clusion than al any time before Kosciusko, Che sad)
Gle for American freedom Till his death, showed un-
limited love for liberty His personal merits in our own
country elevated him from the rank Of captain TO that
of general He shed his blood the battle-heds fo
his own and country, and received no reward from
u.s. In 1915 at Vienna, he indignantly rejected the friend
ship OF the Gar Alexander because OF the position
moi change his opinions during the French revolution
1t is due, them to the memory and character OF such
man. as well to our national honor that his heirs Il
they MS lelrS, recover WHAT ID uut III
country and that no further delay be allowed by the
American courts of Justice Those who held the funds
OF Kosciusko whoever they are, should consider it as
moral duty not TO withhold longer from Koscuskos heir
what is due from them" Mr.. johnson expressed hops
that the court would be prompt I'm administering justice
in the case.
After Mr. johnson sat down, it was agreed by thu
counsel that Mr. Richard s. Cox should make his closing
| . As AMERICANUS.
.Tbe holders of the funds are Jonathan b. H. Smith,
administraror of Col Bomford, and Jacob Gideon, thu
owner OF the Republic Ulysses Ward, James Carrico
Samuel Sto,, and George G; Bomord as :urees TO IN
| probat bonds OF Col. Bomford deceased