The Leavenworth weekly times. [volume] (Leavenworth, Kan.) 1870-1880, 1873-01-09

the Court being of opinion from the said re-
port and evidence Herewith submitted,
moneys in these causes to which the pc
titioner, Edward S. Brown, is legally en-
titled, have been Withdrawn from the regis.
try Of the Court in contraveniion of the A.
Admiralty Rule, and without due process OF
law, and that the Court may enforce the re-
turn of said moneys by summary proceed
ings against the officers and persons who
Withdrew, or hold the same.
On consideration whereof, the Court doth
adjudge, order and decree, that within thirty
days from this date, into the Kansas Valley
National Bank, which by order of this
Court, the 3lst OF May, 1871, was designated
As the depository Of all moneys in the regis
try OF this Court, that James l.. Mcdowell,
late Marshal, do pay Sll,6i6 o.; that
Thomas A. Osborn, late Marshal, do pay
81, 52G 80, balance collected by him from
debtors of Edward S. Brown, after deduc,ing
1893 q, his fees in cases 40 and al; and
that he do pay the further sum of So. $50 As,
amount Withdrawn by him from the registry
of the Court; that John I. Morton, late
Clerk, do pay Sl62 IS; that A. S. Thomas,
Clerk, 90 pay Sl52 ca; that Robert Crczer,
late District Attorney, do pay S505 90; that
4. l.. Williams, late Commissioner, do pay
$50; that c. J. Hanks, late Clerk, do pay
S262 %, balance collected by him from
debtors of Edward S. Brown, after deducting
his fees in cases 40 and al, and that he do
pay the further sum of 81. l42 s., amount
Withdrawn by him from the registry of the
Court: that J. S. Emery, late District At
torney, do pay 81 2S5 o7, amount Withdrawn
by him from the registry of the Court; that
Z. c. X. Garvey, late Commissioner, do pay
Sl97 90, amount withdrawn by him from
the registry of the Court; that Austin NJ.
Clark, Milton f. Clark and Z. II. Gruber,
late partners under the style of Clark,
Grlber & Co, do pay 1892 20, amount
Withdrawn from the registry of the Court
said several sums of money herein
decreed to be paid by said officers, being
money which came to their hands, as such
officers, As shown by the report Of the said
StilliDgs.
The court at this time makes no further
decree against Clark, Gruber 4 Co holding
that those who received said moneys are
primarily liable; but right is reserved to
any one interested in the event that the re-
turn of said moneys to the Registry OF the
Court cannot be enforced from persons re-
ceiving the same, to apply for further decree
against Clark, Grubsr 4 Co.
The court doth hereby appoint II. c. Hol-
lister special examiner TO take testimony
in this matter; and there is, Notwithstanding
the foregoing order, hereby reserved TO
James l.. Mcdowell, Thomas A. O.born,
John T. Morton, c. J. Hanks, A. S. Thorn
"a, Robert Crozier, Jas. S. Emery, A. l..
anI G-tart
Gruber & Co., the right, if they or any Of
them shall desire, to contest the amount APP
pearing as aforesaid to be due from them or
any of them as aforesaid. or their liability
to restore said moneys to the Registry OF the
Court, TO appear before the examiner hereby
appointed, and submit testimony in their be
half as herein provided; and petitioner as
herein provided may also submit evidence In
his behalf.
The said testimony shall lie taken as fol-
lows: All the parties who desire TO contest
the amount appearing to be due from them,
as aforesaid, shall appear at one and the
same time, in person or by counsel, before
the said examiner, at his office in Leaven-
worth, on the first Monday of January,
1873, and said testimony, on their behalf,
shall be taken from day TO day, and without
delay, until the same is completed, and the
the same shall be closed wi'i.in siy'y days
?fter the date last abov" Ha-,-., ...j mean
while, and for thirty - thereafter, the
petitioner may also take testimony before
the said examiner in his behalt, during
which time, and for ten days thereafter, the
said officers and persons may take rebuttng
testimony; at the end of that time the testi-
mony shall be closed.
The testimony already taken before the
said Slillings, shall be considered as testimo-
nv in the case applicable to all the said per-
sons and parties SO far as it relates to them
seyerally; but any of said parties may recall
the said witnesses, and examine or cross
examine them further, within the times
aforesaid limited.
When the period for taking testimony, "a
herein limited, has elapsed, the said special
examiner shall Immediately return all the
evidence, papers and documents to the clerk
of this court, who is authorized and directed
to open and file the same, and then to trans,
nit The same TO the special master herein
after named.
The court doth hereby appoint Edmund
T. Allen, Ed, of St. Louis. No., special
master, whose duty it shall be to receive all
of the said testimony, including that taken
before the said Stiliings, and tLat to be taken
before the said special examiner, and all the
papers in the said cauees, Numbers lao and
i4i. and the other confiscation cases, and all
exhibits and documentary evidence, and re.
Dor. to this court at the next term thereof,
to be held on the first Monday Of June next,
what sums of money TO which the petitioner,
Brown, is entitled, remain in the hands of
the said Mcdowell, Osborn, Morton,
Hanks, Crozier, Thomas, Emery, Williams
and Garvey, over and beyond their respect
i've legal fees and charges, and valid allow
apces evidenced BY the records OF the court or
other legal evidence.
The said special master shall also make
report respecting the liability of the said
parties or any of them to pay interest on
any sums that may be due from them.
He shall also make report respecting the
liability of the said Clark, Gruher Il Co, or
ary other persons who shall be shown to
have moneys TO which the petitioner is
entitled in their hands. Any of the
said parties may submit written
or printed argument to said special Master
upon the questions herein referred 10 him,
to be prepared and delivered to him on or
before the fret day of May next, or they
NAV appear in Person or by counsel at day
to he named by said special Master, on or
before the said first day Of May next. In
case of the death, absence, sickness or refusal
of the said Edmund I. Allen, of St. Louis,
to act as such special Master. the court doth
hereby appoint Geo. w. Lubke, Esq, Of
ST. Louis, az such special Master. who shall
dfscharge the duties hereby devolved upon
the master first named.
In case of the death. absence, sickness or
refusal of the said special Examiner 10 act,
II. J. Dennis is hereby appointed to act in
his place.
0S'if Ds s1an o. X Tan na. IS.
Ia. s. Thomas, Clerk of the Circuit Conr
of the United States of America, for the
District of Kaneas, do hereby certify the
foregoing to be true, full and perfect copy
from the record of the proceedings Of said
Court of Decree rendered November term
1872, of said Court, in Tie case OF the United
States Is. bond for 5000 and other property.
Recorded On pages 1920 Of Journal b
of said Court.
In testimony wlree, I have hereunto 81 my
hmd and aAxea de- cal,
Of Gid CunE, 81 my.
TsEAI.1 Office in Topeka, ip sd.
DsasioSfKaeQaSt His
7th dsy Of Dscsnhes,
A. D. 1877
A. g. THOMAS Q~k.