The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-02-20
THE COURTS.
Agency Of Mennonite Emigrationa
in This Country.
III A B E A S COR p u S
Questions of Jurisdictiona Power for
Judicial Investigation.

The opening for the defence in the suit of NJ. L.
Hitler against the Burlington and Missouri River
Railroad Company. to recover $4,000 for inducing
Mennonite emigrants to settle on lands of the COM
pany in Nebraska. made yesterday morning in
the United States Circuit Court by Mr.. Edwards
Pierrepont He claimed that every material state
ment made by Mr.. Hitler was untrue, and that they
were prepared to offer the dispositions Of every
single one of the Mennonite leaders to the
effect that they had not been influenced by him
in going to Nebraska. Tho Mennonites. he SAID
Christians. who believe in the Christian religion
in its purity and simplicity; who against war;
who never drink wine other strong drink; who
20 to law and If Is dragged to court 1t is
their duty to make peace while they the way
they being, in fact, kind of Quakers. The Mennon-
ies he stated had made their own private investiga
ton of the lands before KILLER made any advances to
them and they understood the state Of affairs there
we'll Hitler. He said he would show that the
first party Of Mennonites that went to Nebraska
in charge Of Killers brothcr-in-law. They
had previously sent out agents to examine the land
and no influence was exercised by Hitler in this
direction. When the company found that he had
not influence enough to cause the Mennonites to
main and were convinced that he could not do as he
agreed they discharged him.
Rev. Robert Newman, pastor of the Lutheran
Church OF Brooklyn, testified that the Mennonites
quite distinct from the Lutherans. A f. Touza-
lin. Land Commissioner of the Burlington and Mis-
souri, River Railway Company. testified that when he
became convinced OF dller lnaDll1ty TO lnnuence
emigration the first contract modified, and he
relinquished twenty-five per cent OF his commits
sions. He then went into detail as to the various
parties of Mennonites settling in Nebraska and Kan
sas The discharge of Hitler owing to their con-
viction that the Mennonites had no confidence in
him, and that he could not therefore, carry out his
contract to induce their emigration. AS near he
could Judge about five thousand Mennonite emf
grants had arrived in the country since January,
1876 after this termination of Mr. Killers contract
and about nine thousand during the year that it was
in force.
''what did you discharge Mr.. Hitler for?" asked
Judge Wallace.
His whole course of procedure had been accom-
panied by the deepest hypocrisy" answered the
witness; II found that out. because have seen him
go to Mennonites ana kiss them and it was all the
merest Hypocrisy"
1.-THE sum and substance Of it was you thought he
was fraud and discharged him." said Judge Wal
lace
Mr.. Touzalin said that Killers arrangement to re-
ceive 81 SO a head the Mennonite emigration
unknown to the railroad company, and was calcu-
lated to nure emigration to their lands rather than
prove beneficial.
The reading Of the thirty-eight dispositions Of
Mennonite settlers to the effect that Mr. Hitler did
not influence them in settling in Nebraska, then
begun. and was continued up to the adjournment Of
the court.