Los Angeles herald., 1892-01-13

SAN RANCISCO, Jan. Ia WaSnlng-
ton special says President Harrison has
received from Blanton Duncan, prom
inent citizen of Los Angeles. letter
containing various accusations against
Mathew T.. Allen, recently appointed
United States district attorney for
Southern California, and intimation is
made that the confirmation or appoint
ment will be vigorously opposed by Dun
can.
The following letter to President Har
rison was given to the HERALD yester-
day by Col. Blanton Duncan:
Los ANGELES, Dec. 81, 1891.
To President Harrison:
SIR In explanation OF my telegram to
you "my affidavit forwarded you dis
closing character of Allen, district attor-
ney appointee," forward you copy
of record, bill in equity now pending in
the United States circuit court for this
district.
The facts briefly stated (Which will be
sustained by my evidence, that of Col.
Thomas A. Lewis, prominent Repub-
lican of this city; that of General Man
ager j. F. Towel, of the State Loan and
Trust company, bank of 81 100000 cap
ital, and other persons) are that woman
owning homestead, regularly declared
and not apart, joined with her husband
properly and legally in note and
mortgage. for which as trustee loaned
$4,000 in 1889, for one year. The note
was not paid at maturity, in January,
1890, and upon my return to California
in July, 1890, it was in default, also
for interest due. M. IT. Allen, a
stranger to me, called and asked me
what / was going to do, representing
himself to be the lawyerof the husband,
then dying of consumption, and that the
greatest trouble upon bis mind was that
he had no power to prevent sale and
sacrifice. Instantly responded, in sub
stance, to tell him to die in peace and
not to think Of this, as would take no
steps to enforce payment, and his widow
should have ample time to arrange the
debt. He died in a few weeks after
wards, and Allen sought me again, as
the attorney of the widow, to obtain as
surance of respite, and stating that it
could be settled up by January, 1891.
He obtained what he asked for.
Though this was the homestead of the
wife, Allen was the witness to prove q
will made shortly before his death by
the husband whether written by Allen
or deceased I do not know, in which all
his property was devised to the widow.
And under this win, Allen, as shown in
the record, included this mortgaged
homestead of the widow as part of the
estate, and had it set apart again as
homestead for her.
In September, 1890, 1 transferred that
mortgage to the State Loan and Trust
company. Upon my return to Califor-
MIA in July, 1891, endeavored to get
the woman to pay her debt, and the past
due interest, which she admitted her
lawyers had instructed her not to pay,
but the greater part of which she did
pay in August. Allen endeavored to get
me to buy the equity, and in conversa-
ton asked me if cared to protect the
bank, in case l was safe and the bank
would have to lose from neglect of care.
And then he stated to me that by the
code OF California creditors were COM
PEELED to prove debts against dece-
dents estate within tour months, and
that the bank having failed to do so the
debt was barred. NY response and
action will be found in the record.
He negotiated for two months there
after with the bank officials, demanding
Sl250 cash, or that the widow would
stand upon her rights, repudiate the
debt and pay the bank nothing. The
widow stated to me and to Mr.. lowell
that she did not aui horize such action.
The property is worth about $4,000. He
desired to force the bank into paving
$3450; and finally gave the general
manager five minutes to send him a
check for $1,000, or he would sell the
equity to purchaser ready to take it.
The next morning, while was prepar-
ing the bill in equity, he said to the gem
eral manager: 1--WE are out of it. We
have sold and got the money" The
day after had service of process made
upon both prior to meeting which was
to have been held at Aliens Office to
make transfer and record of the sale,
and the alleged purchaeer who could
not then receive legal transfer, was a
clerk in Aliens office.
Further than this, Mr.. President, if
the action was susceptible of explana-
ton, you could not place within the
keeping of a man, proved to have un-
blushingly uttered falsehoods, the dig
nifty and honor OF the United States, by
comforting upon him high and re-
sponsible position. That you have not
been informed of other facts is also
patent, and the placing in Office of such
a person, just at the time that the venal,
corrupt and criminal elements are troop
ing back in triumph from enforced resi-
dence in Canada, Mexico, Europe, etc,
to California, because majority Of one
in the state supreme court has declared
the grand jury of San Francisco not to
be legal body, would be an additional
disgrace to the state; and a calamity to
the honest and pure portion OF its citi-
zens. There are other facts which you
should know. When the action OF Allen
was developed to me had no further
association with him; and about two
months ago | informed the bank
manager that if he (Allen) per-
sisted in his course would
bring an actionin the federal court, and
that would lay before you the facts
and also to many senators to prevent
him from being appointed district at
torney. Unfortunately Mr.. Towel
mentioned this to some one person, who
informed Allen, but had gone to Col
onel Otis of the Times, stating nv re-
gret as his firm friend, to be compelled
to oppose his wishes in the agreement
made some weeks previously by Sena-
tor FELTON,, that he would secure the
-1.1o - <ls,% r. l.