Evening star. [volume] (Washington, D.C.) 1854-1972, 1857-05-23
attention to the locality and aiding the growth Of
the embryo community which had snrunp into

auenuon 10 the locanty ana aidlng the growth OF
the embryo community which had sprung into
existence around Fort Brown. Hearing that Chas
Stillman, one of the defendants was in treaty. for
portions of the Exidos, he proposed to him to
unite their interests to establish a company to be
known as the Brownsville Town Company, to
lay out and found town. and to share Jointly the
pIonts OF the enterprise. This was at once &C
coded to, and Simon Mussina and Charles Still
man, the latter of whom associated with him
samuel A Belden, another defendant, entered
INTO partnership, and during the summer OF
Isis laid OF and founded the town OF BTowns.
vile, and commenced the sale OF lots. On the
9th day of December, 1913, this contract was re-
duced to writing, and executed by Charles still
man, Samuel A. Belden and jacob Mussina,
whose name Simon Mussina substituted instead
of his own, as the former had advanced the prin-
cipal part of the funds to enable Simon to embark
in the enterprise.
This agreement provided that the parties should
hold Jointly all the lands which either of them
had purchased and should thereafter purchase in
the Exidos of Matamoras, In the proportion of
one half TO Stillman, one-fourth to Mussina, and
Onefourth to Belden, and that the profits, expen-
SEES and losses of the enterprise should he shared
in the Ii Ike proportions. AT the date of this agree
ment large number of lots had been Sold nu-
merouS buildings had been erected. and large
sums of money had been realized by the partners
from the enterprise. At this time Messrs. Basse
and Hord, of Brownsville, had been retained.
and were acting "a the attorneys and counsel for
the partners and had the superintendent of their
affairs. They were also the attorneys Of the plain
tits in relation to other matters not connected with
the partnership.
Such being the relations of the parties, Stillman
and Belden. assisted by William Alling, Of New
orleans, another defendant. entered into n con-
spiracy with Basse and Hord to defraud the
plaintiffs out of their interests In the town of
Brownsville and under the above mentioned
agreement. To effect this purpose. Stillman and
Belden, on the nth December, 1919, and the 3lst
January, 1850, conveyed TO Basse and Hord i'm
fee, 4 676 acres Of land embraced in said agree
ment, for the consideration Of ST., 0O0 payable in
hve years without interest. Stillman was at this
time a man of wealth. Basse and Hord
destitute Of means, and the property thus sold for
| Sl7,mO was estimated to be worth S1.0NGN
immediately after this conveyance Basse and Hord
caused notices to be published that they were the
| and Simon Mussina had no title, the immediate
effect of which was to stop the sale of lots. depre-
ciate the price of property, and check the pros
perity Of the town.
| The next movement of the conspirators was to
| take such steps might effectually prevent the
Mussinas from setting aside this fraudulent deed
10 accomplish this purpose, they entered into
| negotiations with a certain Cavazos who was one
| OF the plaintiffs In suit then pending in the
United states District Court for the District of
| Texas, and in which was set up an adverse claim
| To the lands embraced in the partnership agree
| ment of December 9th, ISIS. This claim was un-
| founded and fraudulent, had been abandoned by
Cavazos and his associate for many years; the as
sertors OF IL had even accepted titles for portion
| OF the same lands from their adverse claimants
| and it had only been revived and this suit com
| nenced since the growth of Brownsville had
l
ulated the hope that the erroTs Of lawsuit would
enable them TO extort something from the fears of
| the present proprictors. Among the defendants
10 this Cavazos suit were Stillman, Belden and
! already stated, the counsel of the partners but
| were specially retained on behalf of Stillman
Belden and the Mussinas TO defend this suit
such being the state of facts and the relations of
| the parties, Stillman and Belden, Ailng, Basse
| Hord, for the purpose Of concentrating their
fraudulent schemes against the Mussinas, entered
1antN
| IL was stipulated that decree should be rem
dered in that cause i'm favor of Cavazos by which
the title 10 the entire Brownsville tract should be
| conn med To him, and that CavaZOs should con-
| vey the whole to BaSse & IioId for the nominal
| consideration of S330OO.
| To make this scheme successful, however IL
was necessary to lull the suspicious and thwart
| the vigilance of the Mussnas To effect this OBJ
| Ject. the bold design was conceived of making
the District Judge party to the conspiracy. Jno.
| G.. Watrous was then incumbent of that office
Having been prevailed upon to lend himself to
the fraudulent designs of the defendants Watrous
visited New Orleans, the residence of Ailinr and
JACOB Musslna, and, in order to conceal the fact
OF ms presence, caused his name to be registered
at the hotel as John Jones, and then, in combina-
! ton with Stillman, Belden. Ailing, and BaSse &
Hord, or their agents and attorneys consulted and
| determined upon the best plan of rendering ehec-
tual the proposed decree in the Cavazos suit. In
pursuance of this plan, Judge Watrous made
public statement which was generally circula-
ted, that he would not hold any court at the ap-
| preaching January term, 1851, of the United
States District Court for the district of Texas
The Nussinas being thus thrown off their
| guard; Judge Watrous, notwithstanding. pro-
ceeded to Galveston and opened the January term.
lc52, OF the District Court. At that term no case
was called except the case of Cavazos and al re
| Stillmah Mussna and al. Cavazos was repre-
sented or the one side, and Stillman and BeIden
on the other by their respective counsel The
| Mussinas were not present, but Basse Il Hord.
| the chief consprators, were their attorneys of
record. The case proceeded; Robert H. Hord of
\ the hrm of Basse i Hord. was sworn as witness
and In pursuance of the conspiracy previously
formed, decree was rendered on the 18th Janu-
airy. lc2, establishing the title of Cavazos to the
Brownsville lands. And then the court adjourned
| As the cTowning act of the conspiracy Rafael
Garcia Cavazos and Josepha his wife, on the Ilth
day of April. 1852, convened the BrownsviIle
lands, including the town plot and all its build
ings and Improvements, to Base & HoTd.
| Previous to the rendition of this decree the
Musslnns had become the prop-ietors of tract of
| land cOnta lining over ii 900 acres in Texas en-
| bfacing Point Isabel. ard which had been
erected Foit Polk. a United States Hospital gov
! eminent warehouses, quarters for officers bar-
racks for troops. and other permanent pubIic i'm
PTovements, for the use and occupation of which
| the government was indebted to the proprietors
| 1S52, was estimated at value of S2OO.OO0 Caya-
EOS had embraced the title to this property among
The subject matters of his suit. He pretended to
claim it under what was called the Espirtu
Santo grant the same grant under which he
claimed the Brownsville lands. The boundaries
of this grant could by no imaginable rule or con-
sIuctloh DE held 10 embrace the Point Isabel
property; and yet the decree was frauduIentIy so
formed as by a Judicial declaration to compre-
bend these lands within the bounds of the Espirtu
Santo grant. and thus to formally divest the Mus
sinas of their title.
Not satisfied with the decree. the defendants
falsely alleging that the plaintiffs had commenced
suit against them in the Fourth District Court
OF the city Of New Orleans. in disobedience to
said decree, though said suit was VIGOROUSLY
commenced before the decree was pronounced
procured writ Of attachment TO be issued nv
JHdge atrous, and following il up with writ
OF sequestration from the same Judge directing
the marshal to take into his possession and Sc.
aestrate al the property of the plaintiff, in the
for costs, to be issued on the Cavazos decree
against Jacob Mussina, and had the same levied
on all the right. title and interest of Jacob Mus
slna in the Brownsville and Point Isabel lands
and caused ii to DE sold and bid in for their bene
MT for the sum Of one hundred and fifteen dollars
The complaint demands judgment for the sum
Of five hundred Thousand dollars
j. L.. JerneOan for Dlaintin