Evening star., 1898-11-08
CLASH OF COURTS
Issue Between Federal and State
Courts in West Virginia,
CONTINUATION OF FAMOUS LITIGATION
Attorney Stiles Before U. S. Court
on Habeas Corpus.
a r o NJ a N TIC DRY
Special From a STAFF Correspondent.

conflict Of authority between Judge Jack
son. in the United States circuit court and
Judge E. 5. Doolittle, in the circuit court
of Logan county, over the Stiles matter,
which has attracted much attention
throughout the country, appears to be in a
fair way of am.Cable adjustment. After
the refusal of Judge Doolittle to recognize
the writ of habeas corpus issued by Judge
Jackson last Thursday. Col. E l.. Buttrick
representing Judge Stiles, requested that
writ Of attachment be issued against the
authorities in Logan county to compel them
to come here with the prisoner but by re-
quest of Attorney General f. P Rucker
the issuing of the writ was postponed until
he could communicate with Judge Doolittle.
Thu result of this communication was that
Judge DooLttle directed the sheriff to take
JUICE Stiles before the United States court
il obedience TO the writ
Judge Stiles arrived here Friday evening.
and Saturday appeared in the United States
court IN answer to the writ of habeas cor
pus. Nothing was done in the matter at
that time. but the latter part Of this week
was set for the disposal OF the writ of
Itptas corpus At the same time. Judge
jackson will also probably take some ac-
J4on toward dtsSOiVing or Derpetuating the
Injunction. which has been the cause of the
NfhcUlty. This injunction enjoined the
commissioners of school lands Of Toqan
county from selling certain property in the
hing tract under a decree If Jackson dis
solves the injunction, the matter WI come
70 an end; II he does not. further conflict
IS probable.
Ten Years in Prison.
Judge Stiles is not the only man who has
suffered imprisonment because of a con-
nectson with this great tract of land. The
man who was its original owner spent ten
years of his life in a French prison and
died of q broken ba1-t
IS no similarity of conditions or circ,,r,
stances, put the present complication lends
pecHhaI interest 70 long. romantic story
of litigation
Idry tA-Te lived in Boston a Wealtbv na
trl1t- General James Swami. who on The
outbreak of the revolution. enlisted in the
american army. He distinguished himself
and at the conclusion of Tba w. - =
MAJOR general BU;. through large gifrs of
money from his private fortune in habaIf
% tAe patFlot cause he had become i'm
I'NerlShed, and when il came 10 the at+an-
tion Of the Virginia house of bt1rsessas tbast
ne was IN Str3itcned circumstances fhat
Dody made 70 him grant OF several mil
lion acres lying in what is now Virginia
west Nirg. MIA and Kentucky
IeHrfal Swami. who was a man of ro
hdhuc turn Of mind. conceived the idea of
q great colonization scheme In Frarca b
mad many influential friends wba ht - ~
c"nnIdcnt. would assist him in carrvine, C1t
MS idea. and hastily arranging his aff,frs
i Le %ep1rttI Tor Paris There he was cor
".eIiy received ny his old friends ana his
efforts were warmly received Arnonl,
those who subscribed to his mans ,,.ar9
many persons Of noble families of great in
a. az fr,,,1-.-. lt, unlostunately. this occurred
a 3 an iHoPPGrtGne time Napoleon had lust
made his advent as first consul. paris 80
N confusion and money Has scarce.
Falls Bead in the Streets.
Judge Swami has spared himself no en-
JOY iient or dissipation, and az the end Of.
several months found himself without any
leady means and debt of 4,GGOcC0 francs
on MS hands He was q barkrtnt. His
eEt''It'Es pressed Kim, but he refused IN
il'5 'sdEe any Of his American propertv
ana vas thrown into prison I-ndar he
4'"cullstr laws then existing in France in
i'-afd 10 baukruHts. his creditors YER
S"hpeutd 10 support him while in prison
- Il tlt@i'ITr becoming his former habits
81 HNlhs. Every luxury was .rovfded for
MN. and for ten years ne li,ed tbnS
waning Tor nothing but his liberty H.
VS. released during the historical three
Gays when the prison doors were thrrrvr
'trh- ana set cut to seek his friends I,,,t
II4ey Hsi'- cIed departed ana fCrsakeu him
~ wandered about, and, the evening of
Paris 4'e's VI
When it became known that C,enaraI
H".''IH vas Ctdd. the legislature of Vir-
S-l.It. on PEI tutlon of the French heirs an
pointed Juhn Peter Dumas of PhiiadeIubia
trustee of the estate. After Dumas daatb
II became forfeited to the commonwealth
OF virginia for nonpaymeut OF taxes hut
was reconveyed. The French creditors then
''tl|ied l"r another trustee. and in lSl5
MI Josiah Randall was dDpairtc1 For
me ii"At ten years the estate went dee.,cr
'-'r "te3"F ihlp debt. the amounts aggre-
9aNuE nearly S2,'sEiOpD. In 1856 Mr. pah
tEt r Randall. who had been apuoirted
u tS'eS IN lNGG. was supplanted by Colonel
+ l. Butiuck Of Charleston who was an
pointed as the agent of the United SIT.
t|h "t the estate, ana was authorized OF
'thS any steps necessary to reclaim lands
VI 'He estate IN West Virginia forfeited bv
reason or nouDayment of taxes or occr-
plvp by SqratjerS. and to borrow sufficient
none To discharge all liens and taxes
"i'H me purpose of consummating the sale
Of the property to New York parties Iybo
stood ready TO purchase it.
King BECOMES Owner.
This Colonel Buttrick did. and Henry c.
King became the owner of what was left
OF the cstate-about Jb0Ou0 acres living in
Logan. Mingo. Lincoln. Wyoming and Nc
Do"eI counties in Kentucky and West
virginia. a large number of suits for
eJectneHt were then instituted by King
@SaiIst Il number Of persons who claimed
possession "f the land by reason of hold
iIS Junior patents. the defendants nurn-
t"IinE altogether about 40 King has vet
10 obtain possession of about iGO UssO acyes
lie 6iair:s the entire 5pO.0DD acres bv titIe
he'd q be valid by three judges Of the
Ihlted states court in actions for eject
meHt. two in West Virginia and two I'm
Virginia In the two trials in Virginia
hiug recovered; in one trial in West. Vir-
Fiuia. where the court instructed the iury
II stood eleven to one for King The Other
case, which was tried before Judge GoH
was not submitted to the jury at all but
CeperGed upon the instruction Of the court
upon question Of law. and was against
King In proceedings which were institut-
Cd in the Wyoming circuit court to have
the interest Of King sold at forfeiture
King redeemed the land
The Last Legal TnnGIe.
some time ago proceedings were institute
ed in the circuit court of Logan county
against Jesse r. Irwin to sell 10000 acres
claimed to have been forfeited in Irwin's
name. These 5000 acres were embraced
within the tract redeemed by King. who
through Judge Stiles. his attorney applied
10 the circuit court of the United States