The Leavenworth weekly times. [volume] (Leavenworth, Kan.) 1870-1880, 1873-06-12
Thirty Thousand Dollars Due the
United States.
Mr.. Browns Trouble with Judge
Delahay.
Conspiracy, Fraud and Chicanery
Charged.
Report Of the Referee Argued.
Decision in the Case Fore
Swallowed.

Ane iauiOus COiiusCAuOu Cdse VI LlWhIO &c
Brown, which for come years has claimed 90
much attention from the press and public OF
Kansas, occupied the greater part of the
United States Circuit Court session yesterday.
To give all the points in the suit would re-
quire more space than is contained in any
page of Kansas newspaper, and to describe
it, legal bearings and points would tax the
ability Of the most accomplished lawyer.
Briefly stated, Mr.. Edward S. Brown, who
was resident of the State of Virginia when
the war of The rebellion commenced, owned
property in Kansas. When communication
bet ween Virginia and Kansas was interrupt
ed, BY reason OF the hostilities, Mr.. Brown
was not able TO pay his usual visits to friends
in this part Of the universe, and during his
extended absence his property was taken
and sold under the conf cation laws.
1t seems from the report Of the Commis-
sioner or Master in Chancery-Mr. E. T.
Allen-that the money accruing from the sale
Of Mr.. Browns estate did not find its way
to the U. s. Treasury, but on the contrary
was absorbed by the officers of the U. s.
Court for Kansas, under the guise of legal
fees. At any rate Mr.. Brown visited Kan
sas shortly after his property was sold, and
according to his own statement made in the
court room yesterday Immediately instituted
proceedings to recover his estate, or tue
value thereof. OF course he satisfied the
government Of his loyalty, but as this feat has
been successfully accomplished by go many
Southerners We cannot stop To compliment,
Mr.. Brown for his skill or Ingenuity in that
direction. 1. is enough tina; lie was loyal,
and TO make assurance OF loyal douby sure
the grace of the government, which has fall
en- like the dess Of heaven upon the Just and
the unjust of The South was besesched and
a pardon granted.
Thus clothed with all the rights and priv
ileges known to the American citizen Mr..
Brown was enabled to claim indemnity for
his conG.cated property. He went to Clark,
Gruber & Co.'S bank in this city, where the
money resulting from The sale of con.iscated
property was deposited by order OF the Court.
and applied for information and, as be says,
received none. He thea went to uage Del
ahay's court TO get justice, and according to
his own statement, was ordered out Of Court.
Then, according TO cur understanding, he
managed to get the subject before Justice
Miller, ana through his court was allowed to
come in and establish his claim before the U.
S. District Court. Owing, however, to Judge
Delahsy's connection with that Court he was
unable to make Roadway in that quarter.
Finally, under an act of Congress, he
got The case transferred from the
U. s. District to the L. S. Circuit |
Court, and obtained the appointment Of a
to make an investigation to
ascertain where the money received from
the sale OF his property went. Ohe report |
was made. ard for some csuse or other the
subject was referred again to another com.
mission. Last Monday the second report
was filed, and yesterday, on legal motion
touching the report Of the referee, the case,
after nine years legal maneuvering, was
brought directly before the U. S. Circuit
Court. I, is perhaps worth while to state
ha. the referee found the sum OF SIG, 900, in
round numbers, due the United States on
,ccoun: of MIR. Browns property, and also
lscerta;ned ,ha: SUMS of money arising from
he sale of other confsca,ed property were
lue the government, making in the agsre-
,ate about $50, 900. The referee reports
hat the money is illegally held in Tie follow
ng sums by the following named indivilu-
..s,
James l.. Mcdowell the sum of Sl3,.
y6l7i
Thos. A. Osborn, 81 ,is4 %.
c. J. Hanks, 50, 1919.
John T. Martin, Sl62lS.
A. S. Thomas, Sl52.6i.
Robt. Crozier, sos.
A. L. Williams, $50.
E. e. K. Garvy, Sl97.
During the forenoon Mr.. Engiis;,, in be-
,alf of Thomas A. Osborn and ]. L.
NcDowell, Ex-United States Marshals, sub
nl,ted his argument, holding that the report ,
# the commissioner, Mr.. Allen, erred in
many points-,hat it was made up from
TASTY conclusions without regard to the facts ,
lie said the testimony, which was very vol
lmlnous, did not warrant the report. Be- I
ides he presented legal point bearing on
he jurisdition of the court in cases other
han those 0: Mr.. Brown. Mr.. Silings I
RESENTED an argument in behalf Of Clark, !
iruber & Co., wherein lie censured the re-
'ort Of the referee, and submitted proof to !.
how that Clark, Gruber & Co, was APP !
ointed to receive funds Of the court before '
1. w. Deiahay was appointed judge. The !,
oint in this was to show absence of coilu. |;