The Savannah morning news., 1903-04-03
SCHEME TO DEFRAUD
COURT so CHARACTERIZE DEAL
INGS WITH OLD MAN BARSTOW.
DEEDS ORDERED CANCELLED.
HEIRS WILL GET S25,OOO WORTH
OF PROPERTY FOR $1,000

nuIeu TO
ent Owners Will he Reimbursed
for Expenditures. but Must Give
Up PrOperty-Mastcr in Chancery
VIII Compute the Amounts Due
Ench of the Owners Under the
Terms of the Decree-Views of
the Defense.
BY the decree of Judge Speer in the
Barstow- Beckett case, in which was
involved the title to 1877 acres of
valuable land in the southern section
of the city, the equitable title is de-
clared to be in the Massachusetts,
heirs of Barstow, and the muniments
of title held by the present owners are
ordered expunged from the record, as
soon as the present owners are reim-
bursed by the heirs for the amount
expended by them in the purchase Of
the land.
Under this decree of the court the
heirs of the eccentric and degenerated
old man will receive about $4,000
worth of property in a growing section
of the city by the payment of about
$1,000. The present holders will be re-
imbursed the amount expended by
them as purchase price, taxes, insur-
ance, and improvements; one of them,
Mrs. Goerz, under the terms of the de-
cree. receiving also the interest on the
amount invested.
"a Deliberate Scheme"
The decision of Judge Speer is an in
teresting and comprehensive one, all
of the facts germane to the proper I'M
derstanding of the issues involved be-
ing discussed with the remarkable
acuteness and penetration which marks
all of his decisions. The decision of the
court imputes fraud to certain parties
intimately connected with the trans
fers of the property, and characterizes
their actions as persistent, contln-
Ued and deliberate scheme to deprive
Barstow of lands worth $4,000 by the
skillful and adroit use of small execu-
tons and judicial sales at grossly in
adequate prices and swift transfers of
the property thereafter at time when
Barstow was incapable of protecting his
rights. Sales of BarstOw's property ag-
gregating $23, $50, the court declared,
had been so managed as to satisfy a
little more than $3.50 of a mortgage
debt of $I.500.
The persons effected by the decision
of the court are Mrs. Harriet H. Burch
who owns twenty acres of the tract,
Mrs. Goerz, who owns fifty acres and
a syndicate, composed of Messrs. Har-
rison, POstell, Fuchs, Starr and Dill
Ion, which owns the remaining sixty
seven acres. The rights of these sew
eral parties are discussed at length by
the court in his decision.
Judge Adams Position.
1t is probable that the case will be
appealed. When approached on the
subject Judge Adams said he supposed
Mrs. Goerz would appeal and perhaps
the other holders of the property in
Nolved.
although against my rule to talk
about case for newspaper publca-
ton, 1 would like" added Judge Ad-
ans, Ito have some things understood
about this litigation, which, without
statement, the public might not under
stand.
Although the evidence and the de-
cision give Mr.. Beckett special promi-
nence, the real parties, the only par
ties, whose holdings are involved, are
Mrs. Burch Cor rather her estate, she
being dead), Mrs. Goerz and a syndi-
cate composed of Messrs. Postell, Har-
rison. Starr Fuchs and Dillon. Under
the suit, as amended the claim of the
plaintiffs who are first cousins of the
intestate, is confined to the property
now in the possession of these defend
ants.
0OO0 EnIths
Mr.. Beckett is not the holder of any
of the property and there is no recov-
cry against him. No one of the real
had any connection with the tracts in
volved until after the public sales, and
no one of them bought at these sales
They subsequently bought from the
purchaser at the public sales and in
perfect good faith. AS / understand
the opinion of the court, it does not i'm
peach their good faith or the sincerity
or truthfulness of their testimony. The
attorneys for the defense, therefore,
understand that they are defending
bona fide purchasers for value who
bought in good faith and who feel that
their rights are stronger and better
than those of the plaintiffs"
BnrstOw n Degenerate.
The history of the case as traced in
the opinion, is interesting, Particularly
the references to Barstow's solitary
life in his latter days.
Barstow was a man of good family,
originally of strong mind and had been
carefully educated. His mother also
q member of a well known family, her
self lady of fine intelligence. late in
life, it is said by some of the witnesses,
became inflicted with vagaries which
indicated that her mind was unbal-
anced.
ut is very plain from the evidence"
commented the court, that, at the
period covering the instances involved
in the litigation before the court, the
mind of Elias B. Barstow, the son,
had degenerated to that extent that
If he was not wholly insane, he was
wholly incompetent to protect his i'm
portant interests from the perils by
which it will be seen they were pres
entity to be assailed: He lived a recluse
in lonely locality on Wilmington Is
land. His lands there We're worth about
$l1 600 He returned them for taxes
for $4,000, figure so excessive that
the tax receiver of Chatham county
declined to receive the tax ACCORDINGLY
Although his lands We're fertile, he re-
fused to either rent or cultivate them.
although frequent application We're
made to him. He alternately believed
himself pauper and a possessor of
great wealth. He saw, in the periods
of his phantasies. imaginary spirits
and was heard laughing and talking
with them, and on one occasion ar
rayed himself in rags that the spirits
would come and confer with him
Although the owner of very large
values for a long time unencumbered,
he lived in great poverty and squalor
and apparently was only ministered to
by one kind neighbor, a Mr.. Oemer
who was his cousin, and by a few
ma