The Mathews journal. (Mathews C.H. [Court House]) 1903-1937, 1912-05-16
PROPERTY OF STATE
CANNOT Be SOLD

NEW YORK Special.-The World
prints the following:
The State of Virginia, having laid
claim to many of the documents and
autographs in the collection of Benson
J. Losing, the historian, which have
been advertised for sale by the An
derson Auction Company, Fortieth
Street and Madison Avenue. Robert b.
Davis, Assistant Attorney General Of
Virginia. and the State Librarian, Dr.
week TO inspect the papers. After con-
ferring with representatives OF the
auction company, they arranged for
another conference. at which Mrs.
Edgar Johnson. of Yonkers. a daugh-
ter OF the historian. who arranged for
the sale, was present.
Mr.. Losing died in his home. the
Ridge. near Dover Plains. Duchess
county, in 1891. His widow died
year ago. The historians collection,
besides books, contains many letters
of Washington. Jefferson. Hamilton.
Lafayette and other revolutionary
characters 1t is alleged that some
of them were stolen from the Virginia
archives many years ago. The con-
ferenceS in progress aim to determine
whether or not the treasures of the
Losing estate are identical with those
which were once in the Virginia ar
chives.
Arthur Swan. one Of the auction
company's experts. who spent two
weeks searching the Losing home
and arranging for sale of the 2s9
papers in the collection, said that none
of chem bears any library mark or any
sign Of having been in a State collec-
ton. The collection had rested in the
library OF the Ridge many years I'M
disturbed save by squirrels and mice
Mr.. Swan said that the dust covered
mass was the most Heterogeneous of
any he had ever gone through. The
old historian har apparently preserved
everything but order. on the shelves
many of the books were upside down.
and as many more had been shelved
with their backs to the wall. Behind
the books squirrels and mice had
made their nests, and many of the
books had been ruined by gnawing
teeth.
Some of the autographs and man
uscripts were found folded into small
compass and thrust in between the
pages Of books. In one corner was
heaped old magazines and newspapers.
Midway of il and between the leaves
of an old newspaper was found WASH
ingtons Cherry Tree memorandum,
one Of the most valuable items in the
entire list Among the 299 papers he
found five documents signed by Queen
Anne. manuscript enumerating the
losses suffered by the British in Brad
docks defeat. copies of treaties with
Indians Benedict ArnOld'S account of
the assault on Quebec and the death
0f Montgomery. Ethan Aliens list OF
his officers, a letter from George 1
to, the Governor Of Virginia. an au-
toRraph of Myles StandiSh, and others
of equal rarity.
The State of Virginia contends that
no matter how honestly the papers
might have come into the historian 3
hands. none which had formerly been
the property of the State can be sold;
that the State itself may not sell or
give away any Of its possessions with
out an enabling act of the Legislature
But 1t is maintained that undisputed
possession for certain length OF time
may constitute a good title.
Once before. in 1892. the Losing
heirs undertook to sell a part OF the
historians collection. The sale was
to be held at Libbie's In Boston. The
larger part Of the lot comprised vir-