The New York herald., 1877-01-16


Court. and before that time had expired he received
notice from General" Bayard, another claimant 10
tho effect that he had prevented from attending
the sale by severe storm, and that he would oppose
tho decree OF the Court and ask for resale Appre.
hensve, the says that be was now about 10 be
washed out into the open OF litigation again just
ns nsa aso nc
1sser, whereby they might share ultimately In the
property.
With the interests purchased from Hall and Allen BY
the trustee came acaim against the United States
srnnent for the and occupation Of the properly
during the war amounting 70 500, 900 Out OF this
caim when paid, Cornell and johnson say they looked
confidently Tor Repayment OF the money advanced by
thcm having In the meantime lost aith in their fairy
dreams OF the future OF Point Lookout and become
quite willing to orego title 10 the property II they
could only get their money back.
"ALL HELL GET IT FROM HIM."
In 1868 the government allowed and paid 10 Birdscye
on account Of tho claim s4osSo. few days preceding
this payment aud IN anticipation OF its being made,
Miss Baker telegraphed from Washington 10 Mr.. john
son. IN Brooklyn, 10 'come on" He did "como on"
and on the day when tho money was received by
Birdseye hc asked the latter for IT, 10 which he re-
ceived the reply that be Brdseye had the money IN
hia pocket and ''all hell could get u from him."
APPEALING TO COURT.
Instead OF appealing to all help for a,d Cornell and
johnson commenced the present suit against Brdseye
TO compel him TO account Ms their trustee Ho had
received from them under the trust agreement In all
&23. O00 Out Of the money received by him from the
ent $50 600 paid TO Hail. but for the balance they IN.
sisted that he should account 10 them. According to
their complaint the defendant bound by the trust
agreement TO hold the propsrty-Arst TO secure pay
OF the $4,000 advanced 10 acquire title to IL
second, 70 secure the original amount duo by Colby
and DuEkinson and, after payment OF these, TO be
held Tor the benefit Of other parties interested They
also alleged that the claim against the government
was . part Of tue purchase made with their money
ana that Birdseye took title 10 ali in his own name
without authority. Birdseye admitted IN his answer
the making Of tho trust agreement ana the receipt of
about $23 900 thcreundcr but alleged that that agree
ment subsequently varied by parole ofthe parties
that he TO have $40 600 tor legal services rem
dered both before and since his rusteeship In rela-
tion to tho property; that he was not exclusively
trustee for the plaintiffs, but for all parties Interested
IN the property that ho was entitled 10 ms s2o goo
apply thar account after making payments to Dun
kinson and others was little less than ~ 0o0 aud
that the government claim was not part OF the pur-
chase made with PLANTING money.
THE REPERRE'S OPINION.
nous and from which and The other pspers before the
referee the foregoing acts have been gathered having
been summed up by ex.Judge Brdseye on his own
behalf and that Of others impeaded with him. and by
Mr. Charles n Black behalf OF plaints tho referee
has delivered an opinion on the questions OF law and
was to cxpend the money advanced 10 him by PLAIN
ts only In acquiring first liens on or interests In tho
Lookout property; that his position IN this respect
a tho parties that the claim axnust tho government
should constitute part OF tho arst interests 10 be ac
qurcd that no parole change OF the trust agreement
had been assented to by plaintiffs, aud that Cornell
and johnson wcro TO have interest IN the govern.
mont claim, when collected, prior 10 any others; that
made, would strike him (the reiereel that the ''dc
fendant IN dducary capacity was seeking to obtain
an advantage over his cestus que trust which the law
will not permit and far he acquired interest
the property ho acquired and holds such interests
vices ana dsbursemcnss in collecting the governmen.
claim he thinks Blrdseye ented TO $l2 900. and for
the balance OF that clam be declares judgment In favor
OF the piantils He further adjudicates that plain
tis have lien hrst encumbrances upon all the real
estate Point Lookout for the entire amount OF thor
Indebtedness including tho sum for which Judge Birds
individually li0blo u above stut0d
interest from the time Of the several advances made
by'them. With this decision, except the amount
allowed Brdseyc by the reeree the plaintiffs TO
be satisfied. On this question Of quantum meruit,
however they have asked TO be allowed give further
which plaintiffs are liable be charged are worth
$l20O0 nor any greater sum than $50 000 The referee
has consented and ON hs point tho casc s still before
him.
LlriGArED TO DEATH.
Pending the determination Of this action. Mr. john
son, Of the plaintiffs has died. leaving the impress
sion The minds OF some OF his friends that cousid
ering his advanced and the long series Of negota
tons and tigations IN relation 70 this property, OF
which tho present suit but branch, he was literally
ltgated to death. Simple minded, plain and honest
old he was, he contemplated no wrong himself
aud suspected none In Others Wealthy AS he had
grown his business, he seemed TO have become un
usually ambitious Of increasing IL u his old age
This desire led him into speculaons mining other
as they oicrod TO him, and III one he caimed
shortly before his death 10 have lost $7A O00 In
the transactions which led TO tho present sutt he
out OF pocket moro than $5O0OO But at last he has
rest The old tin saucepan, black and fire tricd, in
winch he used TO take The wniry chill OF tho for
his friends is, no doubt, yet singing on the rusty
office stove but the old man sirs Il not and appeals
Great Jovc The other piaintin still survives,
but eoble aud greatly advanced years. and cannot
come to time Tor many more roundA
THE LITIGATION SURVIVES.
The interests OF the original parties are rapidly be-
coming vested in their SUCCESSORS, tho various conflict
ing claimants are as camorous persistent and conf
dent ever tho home for soldiers is unbuilt and the
great Watering place but dimly In the distance
through thick Maryland iog-the dream OF an ear
nest patriotic wOlnuns lie Is yet uuludlled. The
property itself has been recently sold under order
Of Maryland court for but $50 00O but the litigation
itself steudiy acquires increased vitality and rapidly
accumulating Implications Whom the oyster has
finally melted out Of tangible existence no doubt oil
tho parties will together and solemnly bury the
hatchct In the same grave with the shell.