Evening star., 1895-04-30
THE P0T6MAC FLATS
Continuing the Arguments Today in
the KidVen Claims.
GOVERNMENTS SIDE PRESENTED
Today Mr.. {TFgeat Argues
Against Mr. Hamilton.
T H E OLD G A s E S

When the consideration of the case Of the
United States against Martin F. Morris and
others-what is known as the Potomac
Flats case-was adjourned by the Court in
General Term yesterday afternoon Mr..
Geo. E. Hamilton. representing those who
claim under the so-called Kidwen patent.
had not closed his argument. When he re-
sumed this morning he addressed himself
to the contention Of the government that
the patent was invalid: among other rea-
sons because 1t was obtained by fraud.
The contention of the government, ex-
planned Mr.. Hamilton, was that after DR..
Kidwelrs application for the patent had
once been rejected. John Wilson, brother
of Joseph s. Wilson, the latter being at the
time commissioner Of the, general land Of
fce became his attorney to further prose-
cute the application. The government also
contended, said Mr.. Hamilton, that John
Wilson filed, affidavits for rehearing
which contained certain false statements,
and that. as the result of the relationship
between John and Joseph s. Wilson the
latter brought undue pressure to bear up
to change his first report in regard to the
character of the land and to induce him to
subsequently report in favor of the appli-
cation; the consequence being, alleges the
previous adverse action of the department
was reconsidered and the patent issued.
All Dead.
When the government made this charge,
said Mr.. Hamilton, all the persons named
and implicated were dead. and the attack
upon their memory, without the most
abundant and conclusive testimony to sus-
tain 1t. ought to have been regarded by
the governments representatives as too
indecent to be made. The testimony Of
but one man. declared Mr.. Hamilton. had
that man, hs stated. was one John 8.
Williams That the testimony OF Williams.
declared Mr.. Hamilton, was rank perjury
Is evident to every one. and 1t would be
ored men, two Of them trusted government
officers. Of fraud upon such testimony.
An After Interest.
Referring to the allegation Of the govern
mcnt that DIR. K1dwells attorney, John
Wilson and Henry Wells had falsely sworn
in the affidavits for q rehearing that they
had no interest whatever in DR.. KidwelPs
claims. Mr.. Hamilton declared that the
proof of the falsehood Is supposed to be
found In the fact that after the patent was
issued. two months subsequent to the afh-
dayits both Wilson and Wells received
conveyances from DR.. Kidwell Of undivided
interests under the patent. That, said Mr..
Hamilton, was the sole PROOF of the alleged
falsehood. and if would be. he thought. a
strange inference, lnQeeO, tAht nial .
statement of absence OF interest should be
discredited by his subsequent acquisition
of an interest. q
The Governments Side.
Mr.. Hamilton concluded his argument at
IL :35. when he was followed by Assistant
District Attorney Hugh T. Taggart on be-
half of the government. The claims Of
those claiming under the so-called Kid
well patent, said Mr.. Taggart. were rather
peculiar. but peculiar, fpr reasons not
touched upon by Mr.. Hamilton He had
failed to state that DIR. Kidweu paid but
$3.50 for the 47.71 acres claimed under the
patent. Mr.. Hamilton remarked Mr.. Tag
gart. stated that the government had per-
mitted the tract to be improved. but not
word of testimony, declared Mr.. Taggart,
had been taken to substantiate that con-
tention.
1t was contended also. said Mr. Tag
CART, that the Kidwell patent Is binding
toned. but. he said. it is unQuestionably
time that when the government has been
hoodwinked or surprised 1t can go into
the courts to have the wrong corrected.
All persons asserting title to not only the
Potomac flats but also to the adjacent
river front had wisely been made defend
ants. explained Mr.. Taggart, to avoid a
multiplicity of suits, and no more import
ant case nor one involving more points of
law has ever been Instituted here or else
where. Yet, remarked Mr.. Taggart, Mr..
Hamilton complained that the act author
iz;ng the Institution of the suit made the
District and United States Supreme Courts
bodies Of less dignity than a coroner's Jury,
and. said Mr.. Taggart. judging from MIR.
Hamiltons argument, he would have cor
oner's inquest law" applied In the present
ase.