Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1879-01-30
THE aREEHG TOW CGsE.
Reported for the Alexandra Gazette.

The u. 5. Cis,Elt Court, Judge Ii. w.
Hughes, presiding, met promptly at 10 o'clock
this novccg, and the argument 10 the Ariog'
ten case was resumed.
Judge Wi!loughby fJr the defendants cceL-
ed the days argument
tie bagan by reiersins his STATEN :nts made
at the opening Of the case. lilo COMPLETED the
statement that the TITLE orly passed TO the
U,i.cd States o. the date Of the certificate of
sale in 1866. The ury under tho instruction
Of the Court must 6ad that the taxes were
either paid or rendered. The case bad, ho said,
excited general interest," and especially 10 this
vicinity, where il was very generally bslleVeo
that the title CT the Ualted States was detec
tive aud that it should pay the plaintiff Tor his
propsriy. This was shoTo even in the press
reports. 4 general impression prevailed that
| tender Of the tsx.s had been made and much
| ,f tie indignation aui feeling was cause thofc'
| by. Thera were many other cases es lcst as
tia aud Why should there be o dislinetloD 10
f.yor of one mat? Thsre was always prjudice
aqaipst party holding property by tax title.
Tho law had been called hard ore, but he
thcusht it vas not He had before him law
of the Legislature Ct Virginia, actually forfetog
lands to the Commonwealth without sale, up1o
| the expiration of the time Tor toe payment OF
taxes, He could not agree With MIR. Beach as
to The greater liability OF MIR. Ruben Johnston
20 make mistakes as 10 persors than as to dates.
The evidence Of Mr.. Johnston was, that Dir.
Foster and Mr.. Brady were both tterc.-
Nlr, Brady ouEy came up from Acconac
q few Gavs before the asls. l. vas
shown by Di. JaDney that MIR. HasxhuTst
goa not present when tho alleged tender vas
made aud that was borne Gu: b7 Mr. HaWx'
bursts Own testimony. There vas no dist u:e
as TO the fact that Mr.. Foster wus not appoint
ed uoIi January 2S, g., aaa the certificate OF
tax sale shGE:d that 1t was made under Mr.
Bosrnan, bis predecessor. This he thought
established ia connection with Mr.. Johnston 6
testimony, the fact, that The tender WAS made
Gi.cr The sals. lilo thea read tho law as to
reclamation and argued that Mr.. F4Ddsl! bilog
l.gscr aud c1ugn'zln! CT the law, went mere
IL to see what could be done and to reserve a
point fer use afterwards, aGd that Messrs.
Johnston and Jsnney merely thought the ctar
was made before the sale, because i! ought 10
have been, they net knowing the Law.
lie further argued on the instru,Ilons thet
,he p7aetc, to REUSE tsxes from any bat the
owacrs, after this sale, did not eH:ct this ease
and could not even be Considered By the airy.
As 70 what tue p:ec:ca Of the Commissioners
here 10 refuse tsxas, vas Mr.. Brady, their clerk
tsslfea that hc knsw nothing. He was 10 Ac-
consc fer loog time, but WAS here Tor several
dsys before the sale, ard RouId have koown Of
eny su3h action. The cSiieaco OF Messrs.
Yea!on end BuIk both rtfs!rei TO property at
ys;tiscd alier this s,e and did not sAoT the
practice before. The only two cases produced
to show rcfuss! cf tsxas before sale, were those
- o! the Arlington estate aadth F5Wo property,
which were refused by Mr.. HsHxhurst. These
he claimed, under tho Instructors ofthe Court,
cid cot establish general rue. Mr. lacey
bad .ca;fi.d to the general report 10 relation 10
this PRACTICE Ct the Commissioners, which he
thought vas both before AID after this SALE
Eli iicss were formed !fom bcGrsay and Wcro
very vague. Tic testimony of Mr.. HaExburst
TIA: the Commissioners had acted upon the rule
from the start, was not 10 the wCrGs Of dr.
lisWxhurst, Eut ia those Of Mr. Bach, vino
1u. them 10 his mouth; evco then il only
showed My. Hawyhurst's practica AID not that
Of the whole Board. The nero existence OF tho
rule even vas not enough. Ths Court bad ia
structea the jury that i: nuit be Established,
announced AID generally followed" This had
tecu ruled upon by the Cour! On Friday, Dur
lag the testimony of Mr.. Tscey when j. decd
cd that the rule must BE- made aud generally
;uoWr. Thc refusal OF t5Xss IL tWj cssas w2s
rot cyidc1c, Ct az in7ari2b'c custom. Mr.
FenGa!l cane AID mado tand.r. although too
!s:c, showing that be had cot heard CT the Ge0-
cral iu!e to refuse.
lie then took up the iasru,;iola.s 10 i int
s:pGato occupancy and occupancy ty author
lily Of the United States. He read the lag 90
The subieot aud claimed that the SUIT Dust be
brought against perSobs occupying The promises
or persons claining interest there!p. This he
ssii VAS pot shown TO be me cIsa with Strong
and kaufman. The very instrrcio5s FIR
The p!lotif required both possession ani &C.
cunauoy to secure verde. The plaintiff DC
claimed had undertaken 10 sh5w that their
oTn tesiimooy vas u1trGc end had shifted
their ground The bad shown By Mr. Tacey
that tho negroes 90 2hoil he served tho dscla.
rsiioa were 10 possession q thc properly. aud
Dow they were co1tendlpg hat Captain Si!oDs
held il. He thought the words OF Captain
S:r6ug had been tortured ID mesn more than
he Intended they should. The iact was lie
thought, proved that III $50 negroes we're IN
nosse.s i0o and could rot DC expelled, except
by Cue couIs, Of law, although Captain StroDg
would probably pnt them cut, il SO crde:cl, as
lie haG s!a.ec EscD Il verdict was given
aasias: Captain Strolg it wnu'd BE- totally in.
efsclusl % 10 thcs, other p;Tiiaa, wbo could
rcfusetc 90 cut.
lie urged that the plarIif had c5liroy fail
e.: to make cut their case. Ile was satisfied
that the Jury would render fair and impartial
verdict, utithlencad by outside pressure.
JUICE Robertson ben coameuced The closing
arsunent for the p!aietiff. tle sid that while
tic jury wetc to be Congratulated ca the pear
approach of The close Of the cssc The plairliff
wGs much more to be congratulated ca Tie op
po.tua!ty afforded him 10 sustain his rights, as
against tho great government under which VIC
9e. Mrs Lee had asked during her lifetime
for 40 adjustment ofher claim and Congress had
alio1cd her petition to renian unuotioed. Gar.
G. w. G. Lee had made similar petition after
his moiher's dnath with like rcsalt. Both
had declared their Intention aud desire merely
| to receive proper compensation and not to dis
| tnrh the resting p'sca Of the deed soldiers. No
redress vas !;it the paiaif but 10 resort to tie
cJu5is. When that resort was tried the Gov.
eminent c,me and plead thatit was the defend
act and be could cot sue it Withut lis consent.
Tho Court, however, lad decided that even The
hunblrst citizen was not without rights even
Gs agaias, the Government. When the action