American telegraph. [volume] (Washington [D.C.]) 1851-1851, 1851-06-10


our earnest desire to give to the public, daily,
as full and fair statement of the progress of
this case as possible; and in doing so, we are
necessarily obliged to apply to counsel for
papers and facts connected Herewith. Should
we through inadvertence or otherwise fall into
any error in these publications, we hope they
may be promptly pointed out, that we may
have opportunity to correct them.
Yesterday, at halfpast three p. M, Major
G. Tochman closed his argument. The court
Immediately adjourned until this morning at
nine o'clock, to hear Mr.. Redin, who appears
for Samuel Stott and James Carrico, sureties Of
Bomford upon his additional administration,
bound in the penalty of twenty thousand dol
lars. Mr.. Redin is addressing the court when
points of his argument when he concludes it.
As to the yesterdays argument of Major T., it
appears that the first administrator Of Koscius-
kos estate was Benjamin Lear that he settled
his last account with the Orphans Court on the
9th day of February, 1881, by which he admit
ted that the estate of Kosciusko consisted then
of the sum of S27, 991 o., in stocks and other
evidences of debts due to the estate. 1t appears
further, that upon the death of Lear, his exec
utor, George Bomford, obtained letters of ad-
ministration de bonis non Of Kosciusko's es-
tate, and as such settled with the Orphans
Court his first account on the 18th day of
March, 1889, by which he admitted that he
1927, 991 08, and charged himself with the sum
Of $40, 100, to which the estate swelled by &C
emulation of dividends and interest The last
account was filed by Bomford in the Orphans
Court on the It'll day of June, 1847, by which
he admitted that on that day the sum of
SAB ,5O4.4O, belonging to Kosciusko's estate,
was in his hands. After having established
these points, Major 7. showed that the sure
ties to the original administration bond of Bonn
ford died insolvent. Proceedings were COM
menced against Bomford to compel him either
to give new security or to bring the moneys
into court. To relieve Bomford from the hand
of the law in this respect, the defendants at bar
entered into bonds for him-James Carrico,
Samuel Stott and George G. Bomford in the
penalty of twenty thousand dollars; and Jacob
Gideon, Ulysses Ward, and J. B. II. Smith, in
the penalty of 100000. Major I. then proved
that Bomford did not distribute the estate of
Kosciusko amongst the persons entitled thereto,
and, referring to the statute Of Maryland of
1898, chap. 101, he argued that the bonds are
forfeited and the sureties are liable to account
for the whole estate squandered by Bomford.
He then argued, that whoever may be entitled
to the estate, his client or other persons, it is
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title thereto; they cannot then plead that the
title of the heirs may be contested. If they
have any legal reason to doubt whether the
heirs or other persons should take the estate,
their course is to show it by petition, bring
moneys due from them into the Court, and pray
that the heirs interplead their title with other
persons, if there are any, which they must
show Major T. then argued that the defendants
ought to be ordered to bring into Court the
sum of S63, 504 40, with interest from the 1st of
January, 1847; because it is proved by the adj
mission of Bomford, that so much was due from
him on that day; fraudulent intention to de-
feat the claim of the heirs was charged and,
in support of it, it was shown by afidavits that
some Of the sureties are disposing of their prop
erty. 1t was further argued, that the attempt
of sureties to exonerate themselves from the
liabilities which were incurred deliberately, and
which the heirs accepted bona Jide, and then
dismissed proceedings against Bomford, to COM
pei him to bring moneys into Court, shows that
fraud was intended from the moment when the
defendants entered into bonds, or at least from
the day in which they filed answers Such was
the argument Of Major t.
Some fourteen or fifteen thousand dollars
more than the above sum are claimed Col.
Bomford having not admitted it in his accounts,
Major 7. prayed that the matter be referred to
the auditor, to establish the same.
For ENaLAND.-The U. s. mail steamer
Baltic sailed from New York for Liverpool on
Saturday taking ont 1886 500 in cold and