Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1904-02-04

the ownership of the property conceal
ed upon his land.
Having his evidence thus formulat-
ed, Mr.. Olmsted called upon the de-
scendants of Mr. Aston, accompanied
by his attorney, Mr.. William M. Evarts
and demanded of them. A pay
ment by them to him of the sum of
S1,30O,QO0. The amount received of Mr..
Streeter. with interest from the date
of its receipt The total amount COM
puted, according to the laws of New
York in force since 1896, was s5,112,-
2S4S0; and Mr.. Olmsted offered on
condition of immediate cash payment
to deduct the item of $34.S0. This de.
mand was refused. 2. Mr. Olmsted
then demanded that the Astor family
should convey to him all the real es-
tate in New York City purchased by
their ancestor with the money receiv-
ed from Mr.. Streeter, with the accrued
rents and profits from the date of its
purchase. and this demand was like
wise refused.
These refusals left to Mr.. Olmsted
no alternative except to resort to the
courts for the establishment of his
rights and an action was accordingly
commenced. The declaration filed by
his attorneys. Joseph H. Choate. Stew
art L. Woodford and Frederick W..
Hollis. sets out in full the history of
the claim from the beginning as has
been detailed herein, and petitions the
court for alternative relief; either
that the descendants of John Jacob
Astor pay to Mr.. Olmsted the sum OF
S1,S00,000 with interest from the time
of its receipt by Mr. Aston; or failing
in this, that Mr.. Astor be adjudged a
trustee for the rightful owner of the
money thus received, and that the
property purchased with such funds be
ordered conveyed to Mr.. Olmsted To
this declaration the Astor family, by,
their solicitors. Elihu Root and Edward
S. Isham. answered, denying all liza
Oiiity upon the ground that the cause
of action. if ever valid was barred by
The statute Of limitations. To this an
swer. the plaintiffs demurred, alleging
for grounds thereof that it appeared
clearly from the pleadings that Mr..
Qlmsted had been vigilant in the
assertion of his claim as soon as rea-
sonable proof of it's existence came to
his knowledge, and further, that the
statute of limitations did not run as
against a trust. The demurrer was
sustained by the court upon both
grounds, the court intimating, however
that when the case came to a hearing
the plaintiff must select and rest his
case OH one or the other form of re-
lief demanded, and could not, in the
same action, secure the alternative re-
lief sought. After this decision the
defendants filed general denial of all
the claims of MI. Olmsted.
This is the present status of the liti-
cation, and it is expected that the
case will be brought to final trial dur
ing the present year.
Should the judgment upon the trial
be in favor of Mr.. Olmsted or even
against him upon some technical
ground, it would, in either event, be a
great boon to the people along our
Atlantic seaboard, in that it will re-
veal the actual fate of the Kidd treas
ures. The publicity upon this point
will stop the ceaseless and fruitless ex-
penditure of money in digging for
such hidden wealth. as well as the ex-
actions OF clairvoyants, Indian spiritu-
al mediums, rappers, professional
ghosts and witch-hazel experts, who
have yearly preyed upon the credulity
of their victims in locating the Kidd
deposits.
From the dramatic character of the
claim. from the eminent ability of the
counsel for each contestant, and from
the large amount involved, it is need
less to add that the trial will be watch
ed with intense interest, and that it
will stand as the cause celebre of our
country.
THE END.
[About this time. Colonel Burr was
much occupied with negotiating with
Mr.. John Jacob Astor for the sale of
part of his Richmond Hill estate. At
length. Mr.. Aston bought all but the
mansion and few acres around it,
for the sum of $4,000. The bargain
for some reason, was afterward can
celled, but finally the sale was com
pleted and Colonel Burr was for the
time, delivered from his pecuniary en-
barrassments. Extract from Partons
life of Aaron Burr. Vol. /, Page 3O1. I
If those Washington correspondents
are looking for something sensational
they might work up a rumor that
Judge Taft is soon going to resign the