, 1873-07-03
Possibility Of a Compromise IN tho
Great Western Telegraph
Suit.
The viii Of Stephen A. Douglas
a Claim Resusoitated After :
Thirteen Years.
Extraordinary Real Estate Transaction
.-'suit Against tho City for
Street Repairs.

Mr. j. q, Hilton ?. Tho Great Western To1e-
graph Company, Oh review, motion WAS made
BY John J. Bonnctt, yesterday, for the plaintiff
in error, before Judge Drummond, In tho United
States Circuit Court, for leave to Introduce fur
ther ,cvldence to show tho truo nnttrc Of the
notes on which tho Company was forced into
bankruptcy.
Tho grounds Of tho petitioners as shown in
argument, wero briefly as follow: Tint tho Conf
pany did not ONO any money to Bolah Roovo
when tho petition for royiow .was made, but
so1hh Roovo did owe tho Company s1o0, 900, over
paid to him on contracts; that the notes
hold by Hilton wero mado long aftor
theis Boyoral dates, md long after
Torwilliger Y. tho Company, declaring fraudulent
tho very contracts for which thoeo notcs woro 30
given, with full knowledge Of said fraud; that
said Hilton was not, aud is not, bonn fltlo
holdor Of said uotes without notice, but has had
notice; aud that ho paid nothing Of value for
such notes; that when tho Commercial National
Bank became o1nor Of said notes, Gage, tho
former President Of tho Company, was d largo
depoBitor with them, and thoy discounted said
notes for Gage on his own account, and
on his own crcdit exclusively, looking
only to his guaranty on them for Co.
ourity, being woll adYiped OF tho litigation in
which tho Company was involved; that whatoyor
moneys we're pald to Rcoyo were paid for other
work, having nothing to do with tho Company; i
TINT Gage, in signing Ruch notes, lad full notice
Of their character, and the circumstances updor
which they wore given, and would haye to DO
paid; that Reove was not creditor Of tho COM
pany at tho time tho notcs woro made in Ills
favor; TINT tho noteB, instead of boing for tho
PURPOSE for which they wore ortensibfy given,
were oil for the bonoflt Of said Gage; that tho
aoss '''a son as i" ha s the 1 s' s
stock: that theao facts hnyo only boen
recently olicited, In the taking OF proof boforo
Bishop, Master, ia tho caso Of Burnlanm Y. Hill
ton ct al. published In THE In1BuNE) !; TINT Judge
1lodgett n lie District Court, ID speaking of
tho caHe aaid, IN his opinion, It was inmatorial
to ahow the vnluo OF tile line, or that tho Com
pany did not owe noovo when Haid notes were
Paid, and substantially held that said Judgment
tho Company was. adjudlcatcd hankrupt)
dsnee - on a0aas'1s he pat ' q
Roeve to tho Company; that at tho time tho
did not know that such testimony rs tho above
could be. obtained wherefore tEley moved tho
Court to allow suoh additional Testimony to bo
added to tho record, and Incorporated Iii these
Tho Court said this could not be dono at this
stage, and pointed out vnrious ways in which the
eame result might possibly be attained in 9
regular way ind 1t was, aftor many suggestions
among thom one BY tic Court. Sshetiior
the claims of Hilton against tho Company on
notes might not be Withdrawn, on the Company
giving . bond for tho Payment Of tho notes, II
Company was legally liable on thom,-anaily
agreod to rotiro for tho purpose Of consulting
over the tor1ns Of compromise, the result to DO
announced to the Court on Monday.
THE WILL. OF STEPHEN A. DoUaLAS-A SINGULAR
The following ia summary Of bill that WAS
taken away from the files OF the Superior Court
by the clerk Of COUNSEL for ons Of the parties
without the authority Of tho Court, on thu 14th
June last, and which mover turno1 up until yes
terday:
Robert III. Douglas, 8tophon A.. Douglas, oftho
State Of North Cnroina, md Adolo Williams, Of
the State Of Virginia, married woman who snos
ehow that, on tho I'd Of June, 1861, Stephen A.
Douglas was in his lifetimo the owncr Of certain
real estate in Cook County, illinois, Township
30, Is cast Qnown US tho Douglas estatc) thai,
Douglas made the following will:
pougas, q the city Of ob!cago sate Of Illinois, tn
death tsuch time an all-wso Providence shali or
dain, do hereby declare aud subacribo tho following "a
ny w Which desire a1 Persons to respect after ny
Il il my win that my debts shall ts paid out It any
moneys which may have. and Tint 10 mich Of my
EXECUTORS aha b. sold shall 10 necessary to pay III
my dobts.
paid, al the residue Of my proper.y, personal and real
shall bo divided bJ my executors into two eqnal pars
;ns sasn ns sa. sa ana sssn 9ss 70 n mi
that The other part thereof TINT Is 10 eay ono-haf Of
u ny property. 1eal md porsonal and OF al money
Or debts due me- shall be]ong to and Is hereby declared
= belong to my dear beloved wifc, Adele cutta
It Il ny will and positive direction that my said wfe
shall be and ehe s hereby aowed TO DO tho sole guar
dian Of ny children and tAat aee shsll haye tho pos
sha respectively arrve 1t ths age Of Il years Know
ing her 70 be The 6oat person In the world to perform
Il i also ny viii thht my said wife, Adelo Cults
Douglas, and my friend and relative Daniel r.
Rhodes Of Cleveland, Ohio, bo. and they arc hereby
md to that ond do horeby waive oil legal process an
lottoIs Of administration, aud dispenss With amy and
hat they may proceed md e1eoate ills viii tho sso
shst could woEe alive:
commit ny soul to od md ak hs Of aa aoo
ioI the Divine blcsaing:
II H. presence q A. Q; d13snha,n, Mary G. Doyio.
Do # known that I, Stephen 4. Douglas, do heroby
order tho following, sappemcnta 70 tls above, ny
sald vife shall have any child or children BY ms
whsther before Or r atter ny death It IL my will aud
loted to such child or children, equal to he amount
which my other children will receive from hor moth
ess estae, and tlAt tho residue Of my property after
paying al Just debts, shall be divided Into two equal
parts and ono Of said parts shall bolong to my saI
wife, 70 hsr sole use and hcned aud the other 10 my
ed children, born or to ba bern Aforesaid In equal
propoEtonsi It bo.ng my wish and Intention that zach
child should inherit IN sqnal amount Of property,
without Eeference to the eatata from which 1t aha Is
derived. (Duly exeouted.}
That Stephen A. Douglas died on the Sd Of
june, 1851, and tho viii was proved and admitted
to probate on tho 10th July, 1861. That Adelo
Quits Douglaa and Daniel r. Rhodes woro ap-
pointed executors; that Adele Williams nevor
acted, but on tho 21at Ocsobor, 1861. RAodoa took
upon hilnHolf said oxeoutorshfp, qualified, gayo
bond, aud lettcra parliamentary wore issued to
him that Adele CuttH Douglaa, In January, 1865,
married Robert Williams, one OF tho defendants
herein that Rhodes made out the usual inyon-
tory OF tho eHate and certain c1aims against said
estate naro formally hoard aud adjudicatod on;
and On tue 18th November, 1864, said Rhodes
having fully administered said estate and paid
fn3 {,.Ii..