Rock Island daily Argus. (Rock Island, Ill.) 1886-1893, 1890-10-29
POOR PEOPLE SUFFERED,
ana All Because Mr.. Gest Abused
a Solemn Trust.
outrageous Misuse OF his Position rs
special Master In Chancery TO De
irnud Community or People-Hfs.
tory Of the Proceedings.

AS the ARGUS stated few days ago,
considerable inquiry has beer made of
ia'e as to the facts in the
Bishop Hill Colony Case" in
which Gest played so prominent q
part The Gest republicans. as has al
ways been their disposition, have labored
in every conceivable manner Il hush and
smother every reference TO this matter.
so damaging TO Mr.. Gest, and which be-
comes more so the more it is agi-
tated; but 1t was one of those things that
VIII not submit to suppression. Like
any other bemish on mans personal
character, it is not oleansable and all the
remedies that can be app lied will not re-
move it. The republican nominee will
go down TO his grave with the stain upon
his character unremoved a nd uudimin.
ished. But to the history of this case,
which has been of late so frequently so>
licited; the Moline Chimes of Nov 1
1886. gave it in the folio wing concise
form:
Along about 1868 some trouble arose
concerning the Bishop Hill COLONY lands
IN Henry county. and shortly after Judge
Peasants was elected by the republicans.
VIM. II. Gest who had been one of the
hardest workers for Peasants, was ap-
pointed by that judge as special master
ia chancery in the case In this case two
different DEGREES were filed, based largely
on Gests report, one diametricalIy Oh.
posed 10 the other. The first decree
found large sum against the trustees of
Bishop Hill colony. The last decree ex.
onerstes the trustees and finds in favor of
outrageous attorneys fees on both sides
OF the case. as well as VIM. IL Gest's fees
of about $4,000, and Sl6 90 which Gsst
called contingent fund" This finding
was against the poor Swedish working
men OF the colony. The only reason that
can be given for the filing Of these two
decisions is that, shortly after the making
OF the first decree, some of the trustees
died. and it was found that their estates
were insolvent. Hence the attorneys. on
both sides, and Gest pooled their issues
and apparently entered into a conspiracy
whereby they charged these outrageous
about $40 900. against the homes of these
hard working people. This case is now
pending in the appellate court of this
state. hiram Bigelow. Esq. of Galvs,
who is and~slways has been a radical re,
publican. Is attorney for the colonists.
In his brief and srguu ent in the case
(af;er first stating that Gest, the special
master, disregarded the decree of the
court, referred to in abstract COY Mr..
BIgeiow says:
He tGesD made another report find-
ing that about l5S different persons, or
their estates, then owned about all the
farming lands that the Bi shop Hill col
onY ever owned. and, without any notice
to these owners. he assessed agsinst a
portion CT these lands about $50. 900
which was made up aluos entirely of
attorneys fees on both sides for prosecu-
ting and defending the suit, compensa-
ton TO compliments and defendants for
carrying on the suit, and the sum of S.
600 allowed to the master (GesD for his
services. over and above the sum which be
had previously received. And the
sum of Si6 600 which the master demon
mated contingent fund. Does
anybody believe that the court would of
its o|n motion (without intrigue on the
part of the MASTERY have allowed the
special Master 50 900 besides about 81
coo which he had already receiveds
Where is the law under which such fees
could be legally taxedI What equity or
justice was there in adding Sl6, 900 as a
contingent fund, as Gest calls il, to be
raised IN this way, when he master SAWS
in his report, ii was to be paid back again
to the persons from whom it was expects
ed TO be takenI'
After Gests last report and the last de-
cree based thereon. Mr. Bigelow says:
Right here. rs the decree clearly
shows. is where the CON plsinsnts and de
PENDANTS pooled their issues and organ
lied scheme of attempted robbery that
has scarcely parallel in the annals of
Jurisprudence. This is strong language.
| know, but it is more tlan warranted py
the real facts. Here we're hundreds of
people, including WIDOWS and minor
children, as the record shows, for whose
benefit a litigation was Drofessedfy begun
| and carried on, not only betrayed, but
their little homes which they had paid
for twice over. seized and sold under the
| they were not personal parties, in or
der to raise money to pay the betrsyers.
| Happily the scheme has not been crown
ed with success yet, but will be il the de-
| cree IL this case is affirmed.
Ii might be well to STATE here that the
lands were sold at auction under the last
decree. but the principal bidders were the
attorneys for the fees. they not desiring
I m r,ttfa TO- 81
they made. WIN. II. iest in order to
make raise 10 apply IN his share of tine
purchase executed the mortgage describ-
ed in the following proceedings and de-
cree in the United States district court.
In order TO set aside this mortgage the
poor colonists were obliged TO bring a
suit in the United States court The
| record of the court SAYS:
First appears the b i'll of complaint and
cross bill of Swedish members of the col
Ony setting forth that q mortgage exc,
cuted and signed by William H Gest as
| special master in chsncery of the Bishop
Hill colony case, To E len B CIeland GOV
eriDg the lands and homes of the com.
plainants, was made without authority of
law. without con ST ieration, and was
fraudulent and void, and that the COM
plainants were in nowise indebted to
VIM. II. Gest or Ellen b. Cleland"
The record then goes ON to state that
VIM. II, Gest failed to appear to defend
his action, and after legal forms are
noted, the decree comes. as follows:
1T is therefore ordered. adludged and
decreed by the cours., that the mortgage
in said bill and cross bill described, dated
MAY l, 1878. signed by VIM. II. Gest as
a special master in chancery of the cir.
cult court of Henry county in the case OF
Eric \. Norberg. ct al, VS.. Bishop Hill
colony, ct al, made 10 secure an indebted
ness of three thousand (S3. 600 dollars to
Ellen B. Cieland. an recorded in the re-
corcer's office of Henry county. Illinois,
on the l0th day of May, 1878, in book
104. page sos of the Henry county re
cords be set aside. cancelled. annulled
and as naught held both in law and
equity. so far as the same may relate OF
pertain 10 the following described lands
and real estate all situated in the county
of Henry, state OF Illinois, To wit"