American telegraph. [volume] (Washington [D.C.]) 1851-1851, 1851-06-11
KoscIusKo CASE IN CHAxcERY. remarked


yesterday that it was our earnest desire to gv'
to the public, daily, as full and fair Statement
OF the progress of this case as possible; anc
that In doing so We were necessarily obliged u
apply to counsel for papers and facts connected
Herewith. We here take occasion to say, tina
our obligations to counsel were for the materie
of our articles, and that the responsibility fol
their verbal construction and incidental remark
rests alone upon ourselves.
1t was our desire to procure from both sides
these facilities; but as the counsel for the de-
fence has not found time to supply us with notes
brief reports we would give, we have procured
the following through another source We will
cheerfully correct any error into which, by any
possibility, we may be led.
Mr.. Redin spoke yesterday until three o'clock
p. m, when the court adjourned. This morning
the court met at nine o'clock, to dispose Of
some other pressing legal business. Athalf-pas
ten o'clock it proceeded in tho Kosciusko case
and Mr.. r. resumed his argument.
Yesterday Mr.. R. said that his clients were
the administration bond in the penalty Of
$50, 1000. The deed of trust by which Bomford
gave his property to J. B. III. Smith in trust
to secure from losses himself, Jacob Gideon, and
Ulysses Ward, sureties to the 800, 900 bond
does not secure Stott and Carrico. They stand
upon different ground from other sureties, be-
ing wholly unprotected by the deed of trust
rafprrad N hu ha al vuh nI tba
for the persons claiming to be the next of kin
of Kosciusko. Mr.. r. then argued that there
is no proof that the compliments are the next
of kin of General Kosciusko; nor is there any
proof that Kosciusko died without issue The
paper produced in evidence as decree of their
pedigree has not been established to be such
1t is in the Russian language; its translation,
brought from the Orphans Court, cannot be re-
ceived in evidence in this case; and the witnesses
examined under the commission testified its au-
thenticity, not upon the faith Of the original
but upon the faith of that transl alton. One of
the witnesses examined under the commission
said 80, plainly--and the other was not exam
ined by the commissioners: whether he under
stands the language in which the original paper
is written, and what he said in this respect in
the Orphans Court, is no evidence in this case
1t was urged further, that the seals and sigma
lures in that document have not been proved
and that neither Stott and Carrico, nor any
other surety, were made parties to the proceed
ings upon which that decree was obtained The
same objection was urged as to the other paper
to be decree of the Court of
Koboyn, in Russia, which was produced to es-
tablish the right or title of the compliments to
Kosciusko's property in the United States
Mr.. Redin then maintained that the evidence
produced by the counsel of the complain
ants does not establish the fact that Kosci-
lsko's domicil, at the time of his death, was
n France; he maintained that it continued in
the birthplace of Kosciusko, in Poland, until
his death, or if it was not there it was in Switzer
land-but no evidence to prove it has as yet been
offered. 1t urged that the viii of 1885, disposing
Of the property on behalf Of the negroes, stands
in full force; and that the will of 1916 has not
been SO proved as to bind the property being
here-the original of that will has never been
produced and proved here, and the authenticated
,opy recorded in the Orphans Court cannot have
,uch effect as the counsel who opened the case
Major Tochman) insisted upon. But should
he court be of different opinion, Mr.. Redin
said that the complainants produced will
which Kosciusko executed in 1917, and by that
will it was urged he disposed of his property
wherever it may be found to Mr.. and Mrs.
Xavier Zeltner, and these have not been made
parties to the suit. AS to the claim against the
sureties of Bomford, it was urged that they are
not liable:
1st. Because Lear, the first administrator, of
Kosciusko's estate, sold the original assets, and
invested the proceeds in his name, which
brought them within the scope of assets "ad-
ministered." And it was maintained that Bonn.
ford could not, and had no right to possess
himself of such assets in the capacity of the
administrator dc bonis non and If he did so
his sureties upon the administration bond o.
Lear's estate, and not they who are his sure
ties upon the administration bond Of Koscius
kos estate, ere liable for the waste committed
by him.
I'd. 1t was maintained and urged that Bonn
ford's suretes at bar are not liable for til,
assets which Bomford collected and wasted be
fore they entered into bond as security for him
3D. 1t was maintained and urged that thu
sureties to the original administration bond O
Bomford, and the sureties upon Lear's admin
istration bond, should have been made parties
4th. Mr.. Rcdin said that deOastapa was com
mitted by Bomford in 1845; the law authori
! ling the Orphans Court to REQUIRE additions
or further bonds from the administrators, wa
passed in February, 1916; and his clients be
came sureties for Bomford in May, 1916. Thes'
facts being established, by reference to tn,
pleadings, Mr.. Redin argued that the law o
February, 1916, is Retrospective devastapi