, 1904-11-02

issue OF the Cape May County Times
appears, on the first page, an article
headed 1.-THE County Clerks Office
and signed by Charles X. Lands. Be-
tween the heading and the signature is
"a collection of misstatements attacking
the honesty aud business integrity of
two of Cape May County's best known
citizens, namely, County Clerk DIR.
julius Way and Linnaeus II. Swain.
The first is accused in his official capa-
city of a mean and dishonorable use of
the county records, of which he is the
custodian, and the second of selling
something which he did not own, and
of selling it twice over While l do not
think, for one instant, that the intelli-
gent people of Cape May County will
be deceived by that article, and surely
not the people who are well acquainted
with these gentlemen, and who know
them to be among the most honorable
and upright of our citizens, yet, | being
thoroughly familiar with this matter,
and having a full knowledge of the
transaction in all its parts, deem it my
duty, not only to the two gentlemen
above mentioned and to their many
friends, but to myself and especially to
the public generally, to make a complete
statement of all the facts, as | know
they are, and to take my share of the
blame, if blame there be. The facts
briefly told are these: In 1917, James
Il. Scott and Hannah Scott, his wife, by
deed dated April %, conveyed to Elijah
Townsend an undivided interest in
Ludlam's Beach or Island. This deed
is recorded in the Clerks office, in book
| of deeds, pages SOB and 504. Elijah
Townsend left him surviving, as one of
his heirs, Eli Townsend, a son, who in
herited his part of his fathers estate in
Ludlam's Beach Eli Townsend died,
leaving two children, Edward Town
send, who was killed in battle, during
the Civil War, unmarried and intestate,
and Priscilla, who intermarried with
Edward Y. Swain. Priscilla departed
this life intestate, leaving two sons,
Linnaeus T. and Edward l.. Swain. II
will thus be seer that the whole of the
Eli Townsend interest became vested in
Linnaeus T. Swain and Edward l..
Swain, ill equal shares. In 1888, Charles
X. Lands, who had previously taken
possession of Ludlam's Island taking
such title as he obtained in the name of
his sister, Matilda T. Landis,) and
bought out the interests of various heirs
of the aforesaid Elijah Townsend, sent
an agent to Linnaeus Il. Swain and
made him an offer for his interest in the
beach, which Mr.. Swain accepted, and
ouit-claimed his interest to Matilda Il.
Lands, by deed dated May "a, 1888,
and recorded in the Clerks office, in
deed book No. so, pages 302 and BOB.
At the same time an effort was made to
purchase the share of Edward l.. Swain,
then a minor, but his guardian refused
to sell. Afterwards Edward L. Swain
died, unmarried and intestate, and his
whole estate, including his interest in
Ludlam's Beach, vested in his only
brother, Linnaeus r., and as there are
no c%onveyances by any of the above
named owners for any part OF this in
terest on record in the Clerks office, the
title to the interest of which Mr.. Swain
became seized upon the death of his
brother, Edward L., is absolutely per-
feet from the purchase by his ancestor
in 1917 down, and the chain of title
from the West Jersey Society down to
that purchase is equally as perfect.
Nothing further was done by MIR. Lam
dis to obtain this interest, and Mr..
Swain made no effort to sell until the
fall of 1901, when he mentioned the
matter to me while in conversation
with him at my house, and asked me
to sell it for him, and at Mr.. SWANS
request [ went with him to the Clerks
office and made an examination of his
title. with the result as herein stated. |
made inquiry of several persons as to
the value of the claim, and among
others, Mr.. Leslie Ludlam, o. Cape May
Court House, who is considered an an
thoritv on real estate values in this
county, and he unhesitatingly said the
claim was worth $1,000. Mr.. John l..
Burk, of Holly Beach, who first bought
up the interests for Mr.. Lands, said it
was worth $500. Mr.. Swain, who was