The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-01-05

abduct Walker and party therefromthis seems TO us to
be the climax Of outrage and defiance Of all the
rules and decencies Of public law, which cannot
how administration possibly excuse or palliae.
We wait for explanation of this extraordinary pro-
ceedng.
Interesting Suit FOR the Recovery OF the I'm
publislred Letters Of General Washington,
SUPREME cOURT-sPECIAL TERN
Before Hon. Judge Davies.
JAN. 4-Wlson Eyre and Louisa Lincoln Lear Eyre, his
,cife, Ed,card j. Higoee and Fanny L. Hgoee-Ths
suit for the recovery certain original letters of
General ngton first President of the United States
The plaintiffs that Colonel Tobias Lear for many
years private Secretary General Washington that he
also a member of bis household and his personal
friend that during those rotations General Washington
and sent many eners to him. Colonel Lear died
tesate in Washington in 1916 leaving Frances D. Lear,
his third wife, and his Benjamin Lincoln Lear issue of
his second marriage who born in the 1871 his sole
heirs at law and of kim from the time OF Tobias srs
death the and the widow lived together in Washington
the son, lawyer, supporting himself and contributing to
support his step mother Benjamin Lincoln Lear died in
October 1892 having made his will in June Of the
year the time Of his death he did not know that he
would leave issue; his will bequeathed to his sepmoher
all the furniture, plate property, &c, in the dwelling
house, also real estate he 10 his cousin his pro-
perty in Portsmouth for life with remainder TO Lincoln
Lear; after come other grants, he gave the residue to
his wife appoints executors with of SALE and what
remained the death OF his wife to go his right
heirs Arcr the death of B. L. Lear a daughter
was born to him, namely, Louisa Lincoln Lear,
n as In his Saosbtsr a oe nq a. ,
Wilson Eyre the Both Of August 1856 after the death
OF her father, the plaintiff Louisa resided with Frances
Lear Der adopted daughter, until within three
years Frances b. Lear reside in Washington
until her death, December 1885, she left will appoint
ing Judge Dunlop and Bayard Smith executors; Tobias
Lear the sole Of the letters UP the his
death and other person had any interest therein the
letters written between the years 1890 and 1882
the personal Of Washington claim title
interest in these letters which had remained in the house
OF Benjau in Lincoln Lear from the time Of his fathers
death 10 his own demise; no letters Of adminstra
ton of Tobias Lear's estate were taken
out any where until those in New York
after the death Of Benjamin Lincoln Lear the letters re-
NAMED in the samehouse until the defendant Fanny as
II Il alleged took them, and holds possession Of
them The plaintiffs also state that in September, 1855,
Frances d. Lear then being confined 10 her bed by her
last illness, directed the defendant, Fanny l. Hgbee 70
take the volume Of letters in dispute and send TO
Mrs. Mason, mother Of Hon James Mason, who then
Senator Of the United States from the State Of Virginia.
and TO accompany the volume Of letters with note 10
they should be held subject the directions Of the Hon
Richard Rush, Of PHILADELPHIA ana her desire that
Mr.. Rush should make what use he deemed proper
in the way Of the pubkcaon Of the volume OF letters,
he should eventually arrange FOR their present
ton the state OF Virginia. at such time and In such
he should think proper and also suggesting that
Senator Mason would be proper channel through which
Mr. Rush should transmit the letters TO the state Of Viz
GINA but leaving everything IN relation 70 the ul.mste
ton the estate Of Tobias Lear issued by the Sur
rogatc Of New York April is, 1857 10 plaintiff Wilson
Eyre n right OF his wife Plaintiffs demand possession
Mrs. Higbee, wife Of The Rev. DR. UIgbee Claims the
right possession OF letters. The wife
Lear was Fanny Danbrdge neice Of Mrs Washington and
cousin Commodore John Henly, who Mrs Hgbee's
father John Icnys mother the only sister Of Mrs.
The letters the plaintiffs cay were written during pc
Rod commencing IN the month Of September In the year
1890 and ending the year l7ee and treated Of variety
" subjects many OF them Of public interest and OF great
interest TO the descendants of Tobias Lear OF them
treat OF the arrangement Of tho house and household Of
Washington, In Philadelphia In the early part OF his first
Presidential term and valuable aud curious Illus.
aoDs OF peculiar phases Of his character or them
Of foreign political affairs OF questions Of do
mestc politics; some Of appointments " oihce some Of
them relate TO the navigation Of the river Potomac;
some TO the preparation Of washngon's addresses 10
Congress, and some 10 his domasoc and individual
business many Of them relate 20 tie private affairs and
business q Tobias Lear Of them voucher belong
ing 10 Tobias Lear bearing cate 2sA day OF March, 1893
and sting the settlement and accuracy OF the &C
counts of Tobias Lear with Gen. Washington. All OF
them have an acs value 10 their owner Ike any other
personal property end have actual intrinsic value
curoses and important illustrations of the history OF
The country and cf Washington and valuable contrbu
tons 10 the history OF that time In fact The plaintiffs say
these letters possess 10 them value Of character tha,
mspey cyult measure
The case merely up on demurrer the defendants
contendng that the plaintiffs declared by letters Of
aimnistfation not having been taken Out until after
lapse Of over forty years and also that Mrs Higbee
lawfully IN possession and legally entitled 70 them
Mr. Crsmm appeared a. counsel for the plaintiffs and
Mr. soughon FOR the defendants. Decision on demurrer
reserved.
Mr. Bancroft, the historian, seated on the bench
beside Judge Davies, and at the termination OF the mo
Bancroft asked permission those very curious and
valuable Of the coun,rys history Mr. slough.
gave him Dr. Hgbees address, and doubt the
ncrable historian will be allowed w peruse them
SUIT FOR TRACT or LAND IN TEXAS.
Jaoob Massina and Simon Massind Charles Stimdn
Sdmuei A. Bolden and ohct-rhis n suit 10 test the
title 10 large trartof land in Exas, which the town
Of Brownsville located appears that 1915 the
United States army encamped the ef bank Of the Rio
Grande, near Fort Brown, which now called Browns.
vile. The plaintiffs purchased site. deeming 70 b.
likely n prove that would be- AZ future day com
mercial focus They subsequently, formed copartnershp
with de defendants The parties then up newspaper
called the American Flag on which the plaintiffs cxpend.
cd great deal o. mency Ia order 10 keep existence
aud by ~ advance the interests II the embryo city ~
Brownsville. Tho agreements not, however, in
writing, and u Is alleged that two Of the DEFENDANTS law
ycrs IN Texas, named Bassc and Herd, together
with another defendant named Helden induced Mexi-
can, named Caradozas and bis wife 10 contest the title
the United states Court Of Texas BY sharp practice
the Court 10 Texas ne is allie ed default was taken
and plaintiffs Ousted out Of the property which
said he worth $500 600 The plaintiffs commenced their
suit louisiana; but the Judge before whom the case
had been in Texas issued attachment against them
contempt, and Il discontinued.
Judge Davies said " that a Of contempt THIS
motion still more 20.
Counsel for plaintiff did no, fear in New York writ Of
attach nent from Texas The plaintiffs he said now seek
res ution Of their property and account the
aud the profits Of the corartnershp aud also $500 900
damages for the frauds put upon them by the defendants
For the defence Is set up that this Court cannot en-
terrain jurisdiction Of question Of title 10 real estate
which lies beyond the bounds Of our own state bor can
this Court review decision made by Judge OF the
United states Court In Texas
The case Is still before the Court