, 1881-11-12
Also Charging that $4,000 wefe Paid !:
to Dan!eyy as Attorney ":::... +. :: ::
Tor Kerr, :: =. =: :: -
Affidavit of Atkins, Involving
Leaning, Thompson, and -, !:
Cornell. *:.|;:: u: i; .'..::: :: :
The Widow and Her Son Alleged to Have
Been tho Victims OF Rapaclous: :. T.: !:
aud Trcacherous Attorneys Il: !: p: y: !.
Some idea Of tho 0omplexity Of the Prob
w lem Presented to the SUI: :.::':>;. s.
:. preme Judges. :>: y E. =%:*:. :::.:. \.

:. preme Judges. ~ =: ~. #; +;
Special Dispatch to The Chicago 14thun~n ri:
WASHINGTON, D. c., Nov. 11.-The great
South Park case, involving the title OF the
Phillips case, is to come up for trial In the
United States Supreme Court in a few days. !
The following lawyers are here Representing:
the different interests: H. ". Fuller, for
the South Park Commissioners; : Col. E.. c. =.
1ngersol aud Judge E. S. Williams, for
John c. Dunlevy; Robert c. Schenek, and w.
G. Goudy, representing Kerr; aad Robert
Rae fur Mrs, Phillips. Meanwhile there
have been. filed today some a1idavits which
contain some
:.'- ASTOUNDING STATEMENTS, -: ::>- j :: :.
and which charge corruption on the part Of
lawyers and some members Of the Park COM:
mission. One Of the aflidavits shows that,
OIL Nov:14, lS77, q contract was made be-.
tween the South Park Commissioners by{1lss-:
S. Thompson, their agent, and William +.
Kerr by John c. Dunleyy, his attorney: iii
fact, for the payment Of Il very large sum OF :
money in connection with this tract, the
following Is ri. ::' J; =. :t:: &: - !.
THE ATFDAvrr,-. :: -:1::: = e: e.: = '*'
which shows that So, ,o00 were actually paid:
UNITED STATES SurnEME *CoUKr.- Charles H.,
Atkins inaerpleaded, etc. vs. William r. Kerr.
No. !. .lN, consolidated with case No &C, United
States Of America, District Of Columbia, ss-:.
Thomas ". Phillips. being duly sworn, depose5
and says that he s u years OF age, and the son
OF Elizabeth Ann Phillips, one or tho appellants,
md appellee in the case Of Kerr W. the South
Purk Commissioners ct al, and docketed iu this
Court az No. 80; that he Ia well acquainted with.
Charles Fl. Atkins, one OF the parties to this
suit: that tho lUth day Of March. 16sI, III tho
evening Of that day, about O'clock, he met said
Atkins at his (aflianr's} dwcliing,+ In tho I:
City OF Chicago. and stated =. to said
Atkins that he hud learned from one OF his
mothers solicitors, John Barker, that john e.
Duntevy. Que OF tho solicitors for William F.
Kerr, said thAt he fAtkius hud sold out. to said
Kerr; that said Atkins cmphuticaijy denied the
truth OF the statement, and assured atliant and
his mother tnAt the same wus not truc-thar no
had done nothing, nor did he intend to do uny-
thing, adverse 3rs+ Phillips interest. and that,
had no been SO inclined, ho had had the
opportunity long before SO. to- do-~that
he had Ito interest III the case except to
see TINT Mrs Phillips interest w1as protected
Atlant afterwards learned that, on the next dug.
tho llth OF March, 1851 he fAskins} had made tho
affidavit now On lle In this cause OF that datc.
upon which he bases his motion to dismiss MIS-
appeal; that said affidavit WIS make ut tho office
Of Lcutning s. Thompson, who were formally
atfinnt's mothers attorneys In the subject
matter OF this suit; that the said Leaning
s. Thompson are the vcrT same attorneys
mentioned in the contract hereto ILL }:
nexed, and made part Of this nhlunFits
wherein tho South Purk Commissioners and
the said Kerr agreed to transfer tho control or
this litigation tho solicitor or nttorney IN facs
Of suii Kerr, John c. Dunlery, end wnich said
contract was made utter the decree III the court
below was made Diminishing said hcrr's bill rs to
eighty acres, nnl while said appeal Was pending
In this honorable court; thnt n'tiaut Is Informed
and believes that said Lenmfug tuclosed the said
affidavit OF suid Atkins with il letter signed by
said Leauing, instructtnB Fillmore Beul!' ESQ.,
u solicitor Of this court. to- file the
motion OF said Atkins to dismiss his said T.
appeal; that said solicitor, In good faith. without
auy knowledge that such motion involved BE- s.
truyai Of trust OF bad tuith, tiled the suue; that
aiant believes that said motion Is part and pnr-
eel OF tho same fraudulent transaction. growing
out Of tho contract nude by John e. Dunlevy rs
the attorney in fact Of the said Kerr and the :
said Thompson as the agent OF the South Park
Commissioners. as will fully appear 1Fotn tue
contents OF said contract -: ;:::* = ,:..~'..
AfIiant further sur that Atkins is bank
rupt, and wholly irresponsible, anu TINT
aitaut knows, from frequent con-
vcrsut,ons with saId - Atkins. .
had with him from time to time TINT he we'll
knew that this appeal had beetl taken TO tha ::
court, and WAS prosecuted by Robert Rae, Esq,
q solicitor OF this honorable court and said
Atkins approved OF the same; md at1aut fur .
ther states upon Information and BELIEF founded
upou tho sworn statements OF james Morgan, i:
the then President Of tho South Park Com1tls-
slouers that 50, ,0U0 WAS puId out under aud by I
virtue Of said contract 70 John G. Dunlevy u
the attorney in fact OF said Kerr and to others
At1iant further says that this payment wns :
withheld from tho public for long period OF
time and until disclosed hy Il change Of tho .
members constituting tho Board ot South Park :;
Commissioners, and deponent further sayeth
that tho ertlro costs OF preparing the defense IN
this Case, except some three or four witnesses .
taken on behalf OF the South Park Commission !:
crs, has been paid out and expended By Eliza =:
beth Anu Phillips, and not her Trustee, and thar
neither :hc said Charles H. Atkins nor tho South
Park Commissioners have paid un5 part: ct the &
same =. : ~ -
ArF1pAv1rs OF ATKINS. **..:: I'll: :: .::s 7: !. !.
The following is brief SYNOPSIS Of the af1i-
tlnvit Of Charles Ii. Atkins, In the case Of
Atkins and Phillips vs.. William 2. Kerr and
others, which contains statements tllat may
be OF interest to the South Park Commls-
sion and taxpayers: !. Xxx e :,
sworn to Oct. - 1881, In Chicago, be-
. fore John II. Whi1ehead,: Notary. by Charles
H.Atkius: +: H. :s.
Atkins. being sworn, deposes thnt Aug II
1865 atlia mt, with Jeremiah Learning and Richard :
S-Thomp5on, matte an agreement as TO the lanu
In question: The agreement WIS reAchetl July
], 1876. Aug 81 1B6S aidaut made u1.recu.e1;<
with Elizabeth Ann Phillips. On Goy. 28. LEY.