The news and herald. (Winnsboro, S.C.) 1877-1900, 1880-07-29

that most of them executed powers of at
torney to certain parties who gathered The
CLAIMS together for the purpose of making
united effort to secure relief, the agree
lnent being that the attorneys should divide
tho receipts equally with the claimants
Nothing was practically accomplished TN
til about tho year 1870 when a mixed
Commission Of the United States was ap.
pointed TO adjudicntc, among other inter.
national matters, upon the differences ex.
listing between the United States and nJcx,.
can Governments, both feeling themselves
aggrieycd and entitled TO redress. The re.
suit OF their deliberations was that all award
OF S23, 600, O0O was made to the United
States and $l9, 900, 900 to Mckee. After
this there was considerable difference of
opinion MS TO how the award was to be
paid, but 1t was finally settled by the Mex
lean Government paying the difference be-
tween the two awards in instruments.
which IL has been doing for some years.
During all the time while the representa-
lives Of the national powers of the earth
were gravcly discussing International law,
one OF the enterprising colonisls, James
Ballin:lnc, then familiarly known as Cor
duroy jim, was keeping toll gate at Colfax
Springs, on the \ oscmite road. Hc went
into Tuolumnc County, in 1863, and, tired
OF his adventurous life, married und settled
down into tilst-class family man. There,
l1,pcacc and quiet, far from his old haunt 8
and associates, he devoted himself to the
constant pursuit of honest toll. But he
had Kept up with the times had read the
papcrs, and also interviewed Sunset Cox.
Seymour Of New York, and other Con-
gressional lights, who Informed him he had
| 81 ri, 1,t,f
1t without his signature. lie had executed
his power Of attorney, but receiving no re-
turns, persuaded legal friend to write to
Washington on the subject. In due time
he received the startling announcement
that lie was dead, positively and legally
dead IN the eyes of the Government that
one Col. Jonathan ID. Stevenson, of San
francisco had been appointed his executor,
That 50, O09 had boon awarded him as his
share. Eut rs lie was not living and there
lore lad no use for it, ST., ,0G5 had been al
ready paid on account Of the estate.
What bothered the honest toll man was
that he was SO much dead that il was i'm
possible for him to resuscilate himself.
Taking general ir ventory of himself, he
remembered lie had been n square striker
In his youth, and cup TO date the old man
was pretty lively corpse" and, with fire
IN his eyes and determination in his heurt
he came 10 tho city for the purpose Of in
teryicwing the nun for whom he died, and
who was now living for him t2 the extent
OF the coin value OF his claim. He soon
1ound number of wcli-prcscrvcd '49prs
WHO recognized him and could swear to his
identify. Armed with proofs Of his exist
ence and accompanied by his lawyers, lie
sought the presence of his executor only to
find that he was dead again; dead up In
the Probate Court, when process OF rcsur-
rection was necessary to make anything
living to him. The Record of this Court
| informed Mm under date of Oct. 80, 1875.
| that he had t'uied in tho winter of 1862, or
in the spring Of 1868, to the bcst of the
petitioners knowledge and belief, on the
North Pacific coast on q trading voyage"
AT this view of things his spirit took umb-
rage. lie failed 10 see how live man
could he 80 much dead, and he SAID to his
executor through his lawyer that he was
''lhc true lost lnjun."
81 think" said the executor, 'that the
Air. J. Bal'intinc, who owns the claim was
| taller than you are"
"Wcll, replied Jim, 81 may have sct-
| tied ali inch or two. Growed down like n
cows !ail some, but Pm your Injun all the
same"
What State are you from3" csn,lnued
Col. Stevenson.
New York"
''rhis muu was from Pennsylvania, |
believe"
GAS to that" answered A1r. Ballitine,
one OF us two Is mistaken. Colonel"
Then" added the executor, "you don't
spcll your names alike"
"Now, look here, Colonel" concluded
Dir. Ballntinc, ''whcn you come 10 that
I've got ye. lspcll mine with two is, lust
like wrile it now (suiting thu action to
the word), and if don't disrcmember, l
dotted 'cm both, just like did, Colonel,
when Witnessed them power o attorneys
when was 'lendir' bar down to George
and Billy Gardeners at the corner OF Juck.
son and Davis streets, where you made
most Of 'cm out"
Tho executor asked for further time and
MIR. Ballintinc retired, expressingly intlig-
nant and Wishing ia take the matter into.
hs own hands and convince the Govern
| ment and hls executor that there was lit.
Tie OF The vital spark left in his muscle ut
lcust. The counscls of peace, however,
prevailed, and several interviews have been
had. The matter was left to a distinguished
ex.Judgo. ''We want this thing settled"
said he to the executor; "you people can
have no doubt rs to my clients idcnily."
Judge. What do you wantf
Mr.. Ballintine want my equal half,
according TO the papers.
Judge. But you are not anywhere on
the papers. You're not alive on the pu-
pcrs.
Dir. Baltntine. Now, that's pretty
rough on corpse. 1t don't make any diff.
ference what am Oh paper I'm here
alive, and want TO bo alive on paper and
every where, and then get my half, and
that's all there is about it. ! want TO get
through with this and get back home,
where have some dead business 10 do.
Here tile interview closed, Subsequently
the Judge made an offer to effect O COM
promise, which, being below tue figures
demanded, was not accepted. And SO tho
matter rcmains at present.
| lie who loses hope may then part