Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1853-11-02
FOR THE ADVERTISER.
A Gard.

II MIR. IeEilllL tHc courtesy
1 your columns, (whrre it ahpearedJ reply 10 the
| very extraordinary COMMUNICATION OF JOHN IoMP-
KINs, dated 18th August last and which accidenty
came 10 my notice but few days since. 1t is with
great reluctance, that sepse Of duty due alike to
myself, those | represent, .and those representing
me, as well respect for ths menory of deceased
father, impels me to noliGethe communication re-
ierred to and do SO alone for the purpose OF
correcting any erroneous ifipressons which may
have been made on the public mind, by the abusive
false statements and Misrepresentation, which his
article contained in re!atorLto The acts OF himself
and others, in connection with the transaction re-
| ferrcd TO.
In reference to his twice repeated and uncacd
for allusion to the ntempernte habits Of my de-
ceased father, have only tp;lsay, that from my
tender infancy at the tifs1,:4 have no personal
knowledge as to illc truth ssssig, but in either
event, doubt NOT that Giy3 3ss;nating public will
award to him thet merit due y. ( saeraleging tho
ashes of a deceased relafipa, especially whin the
object is so plainly infcpble. --,
The object Of the &rner HOf that article at the
time, in connection with its place Of publication,
cannot nationally be conceived, he not having been
District, but that of legal rum Of sister State,
except perhaps that sdlne Of his friends in the
vicinity OF the publication, who are liable for the
eventual condcmna,ion.i .in tile proceeding referred
to, may have had misgringa as to the final result
and their ultimate liability and hence he resortcd
to the expcdient Of producing concocted plausible
version Of the transaction for quicting their fears.
till he could unsaspeefngly leave the jurisdiction TO
which lie was bound and effect safe retreat TO his
| Western homc In the article referred to, refer
ence is made to deeds and other instruments which
the writer is not content with letting speak for
themselves, but ingenousy attempts, by the rcla-
all,
entirely to change their true import. This is not
presumed to have been part CT the legal advice,
which he rcccivedfrom Aususta's then best law
yer, alluded to bv him.
That the public, to whom he has appealed may
be fully and correctly informed, as to the true state
Of facts and circumstances attending the transac
ton (not as explained by his alleged verbal agree
mcns from the solemn acts Of the parties, reduced
to writing at the time. under their hands and seals,
the plain rehearsal Of them is made with the re
suit Of his unauthorized acts in the rights and
interests Of the orphan children of my father,
whose memory he attempts to desecrate.
In what have 10 say as TO facts, they speak for
themselves, being taken from the record, having
before me duly authenticated copies of the two first
deeds to which shall ,allude, and the originals Of
1t is true, that o.,4+z 10Th day,aa August, 1886,
FRANK ToMrKiSs, yi;ss father executed to JorN
ToMrKINs, two deeds, one lAt the Quaker Springs
tract of Land for The consideration Of $1,000 and
the other for 26 negro slaves, ) mules, wagons,
4 horses. yoke Of oxen, l2 head Of cattle and 25
hogs, for the consideration Of Sig, 900 But it is
not true rs stated by him, that JOHN ToMrKixs
gave the widow Of FRANK ToMrEINs, at that or any
other tine such instruments he refers to in that
connection but on the contrary, on the 29th day of
the same month and year in which deeds referred
to were executed, he executed and delivered to
FRANK ToMrKISs, simultaneously, with the surrcn-
der Of the deeds, an instrument by which he ac-
knowledged that he rclinqushcd all the right title
and claim to sundry property, decided to him BY +.
ToMPKINs, to wit: The Quaker Springs tract OF
Land, and all the slaves named in u bill Of sale,
together with all the mules, horses and hogs, and
two wagons, by which instrument it was certified.
That he had giIcn all OF said property up, the
CONTRACT, being REscINDED by consent Of partics.n
These were the transactions between FRANK
ToMaKISs and JonN ToMrKlSs, during the Lifetime
of the former, appears from the documents
themselves On the surrender of the two deeds
and the execution Of the instrument last referred
to, they all went into the possession of FRANK
ToMrElNs, and remained among his papers till after
his death lin the early part Of the next year, all
right and title of JOAN ToMrKlSs, TO the property
described in them having ceascda
After the dcccasc Of my fatlicr, by reason Of the
natural influence which brother has over sister,
especially Il ,cidolDcd one-hpving no protector
aud crnfling in him as friend, Joua ToMrKiXs
obtained from her these very cancelled and surrrn-
dcred deeds, and Immediately assisted and main
taincd IN absoiu,e tl''~"nd> Zip to the pro-
perty, keeping and retaining fie deeds to the
present ti,le, and under them exercising the highest
and most sacred rigI.s of ownership, by dsposing
of and conveying all the property described in
them, which was OH hand ut the deceasc Of my
| father.
But rs to whom or nr what amount large por-
ton was sold have no data, except his statement
which may or may not be tru" On the 9th Of May,
1887, he did sell and convey (not give to the widow
and children as asserted by him. the balance Of the
property not otherwise disposed Of to SARAH
ToMrxISs the widow Of FRANK ToMrKrSs, consist
ing Of the Quaker Springs tract Of Land, II ne
groes, l wagon, 2 mules, 6 horses, IL head Of
! cattle and 90 hogs, for the consideration of $l2,-
| 900 {: to hold the same during her e-to 90 to the
children she then had. Now to establish that this
transaction, "a sale not gif: shown by the
| documents and made without authorityl WAS Il
| fraud pcrpctratcd by him on the orphans Of FRANK
ToMrKrNs, { 6 in number being then of the ages OF
from - to years. unapprized Of their rights and
unreprcscntcd BY friends, it is only necessary 10
ask, what were their rights under the Laws of
Georgia at the dccc;sc Of their father in 1897
The children Of the widow to elect Dover, were
entitled to sixscvenlhs Of the whole Estate and of
which BY his unauthorized acts, without the shadow
of authority, they have been deprived of MI partci-
patton, being postponed till the widows death by
the title thus placed by him in her, not only ms u
the portion which she would have been entitled
but nc!u ling that Of the six orphans, with the use
and profits and income of the whole, and under the
provisions of second marriage contract of hers
is at her death made dstrbuia5c, not alone between
the children Of FRANZ TonrK:Ns, but between all
her children, 3 Of whom arei5y t..,afcr marriage
aud to this time the orphaps Of my father have
been deprived Of that support and education to
which their means would justly have entitled them,
but for the unustiiablc acts of Jony ToMrKrxs, in
addition to which the portion Of property thus con-
vcycd to the widow has become greatly wasted and
SO quandercd with the whole income
The sac of the slaves sold to JAMES ToMrKIys, re-
frrrcd To by JonN ToMrKiSs, AMI named in the two
first deeds, was not made BY him but by FrAyE
ToMrKiSs (ny father after the cancellat on Of the
deeds and before his dccc;sc.
This is plain statement of the transactions with the
effects of the illegal acts Of JOHN ToMpKl on the
orphan children, and for which the writer one of
them, the Administrator ON the Estate Of his de-
ceased father, is seeking 10 make him legally re-
spons;blc In order 10 do so, the necessary steps
were taken for an arrest under writ Of ne ercat,
and he taken in custody in Augusta, while ON
recent visit from his preset residence in the West,
to his former one in Edecfrld strict S. c., which
change of donIcilc was douL.ess made with the
suc view of avoiding his legal liability 10 the heirs of
FRANK ToMrKISs, and to establish which and obtain
the long deferred right of the orphans, to myself
and the other heirs, was the purpose. This and
this alone, is the he:nous offence OF which he so