, 1873-06-10
IMPORTANT LEGAL CASE.


From Tho Leapon,corth tKa,) Commercial, .Jt.ne 9.
UNITED BTATEs CIRCUIT oounr-nALLET1's HEIRS
Va. THE KANgAs PACIFIC RAILROAD COMPANY
Tho Si,l t1lod in this caso contains ono Of tho
largost prayers for roliof Of any auit over
brought In tho Unitod statoa, olatming, as It
docs, an ncoounting for over $4,000 oo0. Tho
comp'alnnnta aro Elton, Margaret, Robert L.,
ssnS c So Was s ossn a sas % se ho
27th dAy Of July, 1891, about moon, on tho
mado his cacaro. Tho dofondanta are tho
Knnnas Pacific Rai1road, and john F. Ushor,
living In Missouri, Ohio, and Pennsylvania, who
aro made partioR undor o late net Of Congress
providing Tor such mode Of prooooding.
Tho gorunds OF the nuit. as statod In tho bill OF
tho stock Of The Leaveuworth, Pawnco & Vest
orn Railroad, which WIS chartered by the Terri
torial Legislature OF KansaB III 1856, and after"
ward became tho Union Paoiao Railroad, and now
tho Kansas paoitlo; and, boing auch owner, ho,
D. Perry and tho Exchange Bank Of Bt:
Louis for largo amount Of money, and
pledged aB security certain United states bonds,
% provided by the aots Of Oongress Of 1861 and
Railroad. That tho monoy WAS not provided,
which 1od to certatn arrangements with other
parties mado dofondantB and tho further pfo1g-
Ing Of somo 85,000,000 Of stock belonging to
Hallott, tho parties receiving tho eatno as tho
sisof ill., surthsr asTangoments woro mado, ind
this relation OF trust created.
Hallett was assnBsinatod as before 6tatod,
lowing wifo and young family Of four chill
dren, who woro then in Europe, and knew moth
ing Of his traglo doath until aftor thoir return
from Europe aome month or Hix weoks later.
That tho widow Of Hallott, being wholly ig-
norant Of her husbands atfairB, WIS induced to
como to Kansas, whore ahe was mover 'domiollod,
and take out letters OF administration. and such
adminiBtrntrix to surrender hor husband'e COLI
traot worth at tho time fully s5,00o.000, which
waB afterwards ayailcd Of by the dofendants for
reconsideration whatovor to tho estate OF Ha!lett,
which waa shown to DO worth only about
81, 900. conslsting OF tools and implements used
in building tho road, whilo United States bonds,
tho bonds Of tho company, and oortaln city aud
county bonds, and landB worth moro tint
s6, 1000, 600. were not namod ip tho schedule OF
property, all Of which wore covered by tho COM
plotion OF the first forty miles OF road thou only
facking tho laying Of aomo four mioa OF rails,
which was being dono by Thomas 9. Durant,
who held one-third interest in Hallotts contract.
But that, Us soon as the oontraot Of Hallctt was
procured, tho dofondants, by forco, drove Du-
rant from tho work on tho road and took
possession, and, by falHe and fraudulent moans,
Induced tho widow OF Hallett, who resided IN
steubon County. New York. to submit to their
In the Probate Court and District Court OF Wyan:
dotto County; nnd large Judgments procured
againBt tho widow Of Hallott, which woro used to
absorb tho st, ,000 600 Of stock belonging to Hal
lott's estate. After the defendants had got pos
session OF tho contract which covered tho bonds
md laudB worth somo s5,000,0o0 as before
statod.
Tho bill charges that aftor thodo fondants had
thus got possoBBion OF tho stock and contract
belonging to Hallott they thon made contracts
with h. n. Shoemaker d Co., for their mutual
benefit, and realized in stock, bonds, aud
money over 315,000, 600 profits, which is claimed
OF Hnlott. md to be hold in trust for his estate
| md children, who bring this suit.
Tie bill covers 35 printed pngeR md about LOO
pages Of printed exhibits filod in support Of the
allegations Of the bill, which gyos minute ac'
| count OF each and ovory transaction, and roferf
| to tho documents In support OF It's avermonts
It is certainly ono Of tho most important and in
| teresting suits TINT haH over been brought be-
fora tho public, and will doubt1oss giyo riao to q
most severely contested litigation. Joseph .
| StoWait, VI Nov York. aud tho Hon. Matt II
Carpenter, OF Wisconsin, aro tho counsel Tor th<
| complnlnante. ........-...-
ROAD, E. D., NOW KANsA8 PACIFIC RoADlkGs.
This case, which has been for several year
before the court, was tho subject OF discussion
Yesterday on the motion of N1r. Usher, for tht
defendant, to set aside m order Of consolidation
| Of the case Of ono Colt, on the 4th cf June
| 1872. Mr. Usher urged lia motion, which WEI
| reaiatcd by Mr. Stewart, for himself, md Mr. y
A. Greer, for Mr. Colt. Tho Court denied th
motion, and the case now stands on tho 6pecla
Master reporting tho saue s184 000 as duo t
| Btewart, which report was laid before the Cour
uulor IN order for confirmation, which will ON
tho case.