, 1881-11-13
LEANING j. THOMPSON.

Col. 4. s. Thompson on behalf Of the firm Of
Leaning s. Thompson, made tho following state
mcnr:
In 1865, a year before the passage OF tho South
Phillips. C. H. Atkins, and our firm, the object
OF which was to clear, If possible, the title to the
premises in question trfnn the claim tu tue same
then made by Mr. Kerr. Phillips ut that time
claimed to hare been divorced FROM Mrs. 1'hii-
lips, and refused to recognize her in the trans
acton. Afterwards. In tho same year. G CON
tract was made By Atkits with Mrs. Phillips, TIE
object being to free the land from any claim she
might have of inchoate right Of dover, and for
that purpose Atkins agreed to pay her S5o9 in
rash, and to convey to her 0ye acres ot the land
when he should succeed in securing the same
She afterwards claimed tllnt she should hnve
ten acrts, and SECOND contraet was nade With
1859, changing the former contract so as to make
it ten, instead OF five, acres
acted % as the ga attorney Of Mrs. Philips She pro-
fessed to be acting under the ad:ice Of Judge
Tiideu, of Cincinnati. lu 1siS we, procured tie
opening of Judgment in cjectmenE aS:iast one
Burton, which was another nusne for Z. Il. Phil
lips; and in lSUa Hhca Mr. herrs attorneys
moved to set aside the order opening SAID 9udg~
1nent, we formally Withdrew our appearance in
the case 2s attorneys 10 open court, sllvinE he-
fore then obtained from Mr. Phillips written
permission to do ST. We teen erased to have
anything further to do with the case us ailor-
ues's, both Atkins md Phillips employing other
attorneys; nor have we since had anything fur
Their to do with it until last spring o: summer.
when wc learned that Mr. Ita... whom unIcr-
stood to have been engaged by and ii, be act
ing for Mr.. Atkins, had commenced II suit
sa9ss ks ss1.nf for up r ah1 .,
ground OF certain written declarationS which
ltae had procured from Atkins while Rae was
psteusibly employed py Atkins as his solicitor.
and which Atkins claims we're improperly OH
taincd and unwillingly made BY hun ut the DIG
tat,on Of his solicitor, and without understand
pF iae % nf ns 1s e
in the Supreme Court at Wnshtngtpn Was writ
ten and sent forward. will add thar tho con-
tract which attempted 10 be made between
Kerr and the South 1'urk Commission souiu in
no way interfere ri auy rights which Mrs.
Phillips. or any one else, might have In the prop
erty.
RUSSELL'S "REMINISCENCES.
The reporter also called upon Mr.. Martin Rus
veil, at present member OF the South Park
Board, and asked him what information he
:ould Riv. in regard to the case.
31r. Russell snid he. became member Of the
board in March. 1850, and, upon entering upon
his duties, had been Informed that conir,lct
had been prepared with Judge DunIcvy. Kerrs
attorney, for settlement of tho case, but tho
Commissioners hnd not ratified this contract
MIR. Morgan, who was President Of tho board at
the time, had expended park money TO tho
amount of some $qp,000 and Mr.. Russell intro
duced resolution, which was passed,
asking Mr.. Morgan TO submit to
E0c DCAfU IN ICInlEEU report III uiS EApCUIl-
turc5, accompanied by the vouchers. Mr.. Nor
gan had neglected TO do this, but he submitted
to the board certain papers and notes. from
which it appeared that he had endeavorcd to
l,lrchasc for the commission the undivided
fourth Of the tract conveyed some years before
to Mrs. Du6btns By Kerr. 1t appeared that she
had made deed of this undivided interest to /.
trustee who WIS at the time clerk in the office
Ct L. s. ThOmusou-thcu 1itoruey tnr tie buard
but the trustee failed to state for whom he
was holding the title then conveyed to him. and
made no conveyance to the commission. though
he had been requested TO do so. besides ex-
pending this <N,0D. Mr.. RusS<ll said, Morgan
tad used other money II, take up notes, together
with their interest which had brcn given by
Dcbbtas for the deferred payments upon kcrrs
purchase.
The papers and notes submitted to the board
by Mr.. Morgan were referred to Mcssrs. Russell
nad Doutield, as the Morgan transaction was
cidcd to file a bill In cs,auccry, SECURE tho in
terx.St of the commission IN the expenditure,
and that case was ROW pending In the United
States Court The case was further loeI1cd into
by NeSsrs. Walsh, Sherman, Bo1atle1d. and Rus
sell. and, in view uf Judge Hariays's decree of
eighty acres to Nrs. Phillips Ior ner homestead,
they resolved IL abide by the decision Of tho
United States Cca.T and mot force Il settlement.
The position which tho commission had .lssu ned
toward the litigation, from tic first save tho
contract with Phillips for tho tract at 500 per
acre, was also tAktu into consideration In this
decision: also The complicated condition Of the
raseEenerally.
Judge Dunlev had asked the commission to