The national era. [volume] (Washington [D.C.]) 1847-1860, 1851-04-17
THE K0SCIUSK0 CASE.
COMMUNICATED


We record, with pleasure, that the law and
justice have triumphed in our Circuit Court. 1t
will be remembered that some four or FIVE years
ago, Major q. Toohman obtained power Of at
torney from the heirs of Gen. Kosciusko to re-
cover certain property which that illustrious
Polish hero brought to and left in this country
In li9S To obtain legal assistance, Major Tocn
man associated with himself Messrs. Joseph Fl
Bradley and p r. Fendall, members of the bal
of this District. The last mentioned two gentle
men, after having entered their names together
with Major Tochman's on the docket, in thu
several cases of the heirs, accepted proposition
| from NJ. de Bodisco, Minister from Russia, to gel
for them, from the heirs, new power Of attorney
directly in their name. This circumstance de-
termined or Tochman TO write letter to M
de Bodisco, expostulating with him upon the i'm
propriety Of his measure, and informing him that
Major Tochman will never submit oft.
As this letter severely commented, also, upon
the conduct in the premises of Messrs Fendall
and Bradley, these two gentlemen moved the court
to strike Major TOchman's name from the roll Of
the members of the Bar, for alleged unprofession-
al conduct in writing letter 80 injurious to them
Major Tochman, on the other side, dissolved his
association with Messrs. Bradley and Fendsll, or
they dissolved it with him, and he moved the
court for an order to strike their names from the
docket in all cases Of the heirs The court dis
missed the motion of striking Major Tochman's
name from the roll Of the bar. But il dismissed
also Major Tochman's motion of striking the
names of Messrs Fendal and Bradley from the
docket, they refused to look into the power of At
torney under which Major Tochman associated
with himself Messrs. Fendall and Bradley and
said that they do not look behind the docket-that
finding on the docket the names of Fendell, Brad
ley, and Tochman, the court must consider each
- ~ - hn,-a Al Ii.
themselves should decide who is TO be their coun-
sell is not purport to say whether this view of
the court as to the last motion, right or wrong
But the result of it was that Messrs Fendal and
Bradley gained time, and through the agency of
M. de Bodisco obtained new power of attorney in
their name, from some of the heirs whilst Major
Tochman saw himself compelled to assert his right
by seeking protection, against NJ de Bodisco's
interference with his professional pursuits In this
country,) in Congress, In the Executive Depart
ment and through the public press Although
those heirs Of Gen. Kosciusko from whom Messrs
Fendall and Bradley obtained the power Of attor-
ney revoked it, and resngaged Major Tochman's
services, although Major Tochman caused copy Of
this power Of attorney To be served upon Messrs
Fendal and Bradley, they again, few days since,
interfered with his business, by Directing TO his
taking up for trial certain issue relating to some
wills Of Gen. Kosciusko. The objection was sup
ported, upon the ground that their names being
on the docket they also counsel Of some Of the
heirs-snd they said they are not ready for trial.
This forced Major Tochman to renew his old
motion for an order TO strike the names OF Messrs
Fendall and Bradley from the docket in all cases
of the heirs. The motion was obstinately resisted
and argued on both sides with force and ability.
The result is, that on Saturday last the court
ordered that the names Of Messrs Fendall and
Bradley be stricken from the docket In all cases,
as moved for in the motion - Major Tochman
having proved that his new power Of attorney
revokes that under which Messrs. Fendall and
Bradley claimed authority.
The issue which gave occasion TO the foregoing
will be taken up and tried before the
Jury next week, the court having discharged the
Jurors until Wednesday next We understand
hat the Hon. Reverdy johnson will appear with
Major Toohman for the heirs Messrs Motif
md Richard 8. Coke are the counsel Of the oppo-
ute party.