American telegraph. [volume] (Washington [D.C.]) 1851-1851, 1851-06-09

KosCIUsKo CASE IN CHANcERY.--The areu-
ment in this important and interesting case was
opened on Saturday last, by Major Tochman
for the heirs, and he addressed the Court from
~ a. m till 81 p. m, when the Court adjourned
IL met again this morning at ten, to hear the
further argument of Maj t. lie is still address
ing the Court, (at23 p. m,) and his argument has
been throughout exceedingly interesting, is well
arranged, and delivered in admirable style and
taste. All who hear him, among them some of
our best lawyers, express their admiration and
surprise, that foreigner could have acquired
so profound a knowledge of our law and prac-
tice ms he evinees by his argument in this case
Major L. said on Saturday, that the preliminary
question which seems to require to be settled
before all others, was: Z" Have the complainants
such interest in the estate of Gen. Kosciusko
: as would entitle them to such decree as is
prayed fort" In other words, are they or is
either of them the next Of kin of Gen. Kosci-
usko" To prove the heirship of his clients
Maj. I. produced a decree of their pedigree
given on the It'll day Of May, l843, by the Courr
of Assembly of the Nobility of Grodno in Rus
STA. After he had established the authenticit,
of that decree of pedigree, he proved by depo
stions, taken under commission, that suc
DEGREES in Russia fall within the scope Of DEGREES
IN rem, and bind upon all the world. lie the
proved by numerous English and American ,lu
thorities, that such DEGREES have the same effect
in England and in this country; and, foundins
mis- argument upon this law, he showed that here,
rs in Russia, the decree of pedigree of the heirs
of Koscusko is conclusive evidence against al
the world to prove their right and title i'll all
civil cases having for their object the recover
of Kosciusko's property, in whatever country il
may be found. 1t was also shown, that Gen
Kosciusko made four wills that the first an,
second 1898 and 1906, are void, and have beel
revoked by his third will, of 1916; that by tn,
fourth will, of 1917, he disposed Of property, only
therein specified and the will of 1916 is also il
full force.
Major Tochman also showed that Gen. Kos
ciuskos domicil Mt the time of his death was Ill
France, as had been concusively shown by Hon
Reverdy Johnson before the jury i'll Armstrong;
case, tried last week; and the validity of til,
will of 1916 was also made manifest-revokin,
all former wills according to the law of Kosci-
usko's domici and as such must take etfec
upon the personal property disposed of by il
The property disposed of neither by the will o.
1916 nor 1917 must also descend to the heirs
under the statutes Of distribution in whatsoever
country it may be found.
At the time our paper goes to press, Major
Tochman is arguing that the securities OF Col
Bomford, deceased, administrator of Koscius-
ko,) the present administrator de 6onis non 0.
that estate, and the administrator of Col Bonn
ford, are liable to account for the assets Of Kos
ciusko. We will hereafter notice the points o.
his argument in this respect. The case con,
tinues to excite great interest, and among the
audience on Saturday and to-day we notice.
several distinguished ladies.
Upon inquiry to-day we learn the Hon. Rev
erdy Johnson will reply to the defendants coun
sci probably on Friday or Saturday, when it il
expected that this protracted case will be sub
mitted for the courts decision, which, however,
will probably not be made at an early day