The Birmingham age-herald., 1912-01-28
WHO |S THE OWNER OF CONEY ISLAND? Suit Involves Title to Fa-
 nous Property IS WORTH MILLIONS Dutch First Purchased Dunes From An Indian, Paying for Them
 Blanket, a Bottle and
 a Gun

the whole thing, with the exception of about 90 acres, and which in his capacity as attorney he is trying to gain possess sion of for the heirs whom he represents.
 What is this property worth?' repeated Senator wray. Millions"
 How many millions7"
 '"rhe Lord only knows"
 "A hundred millions?"
 Hundreds of millions"
 Here is a story that rivals the historic attempt of the ancient Anneke Jaas Be- gardus heirs to obtain possession of that part of lower Manhattan held by Trinity church corporation and worth fabulous millions. Coney Island. once regarded as worthless sand dunes, is now reckoned by millions also.
 Senator Wray has taken hold of the
 legal end of the case. The matter came up before Judge Fawcett of the Kings county court on the argument of the mo- ton to show cause why the foreclosure and sale proceedings on the buildings and grounds of the Neptune Avenue Ice com. pany of Coney Island should not be va- cated and set aside. This, of course, is only the entering wedge-the peg, so to speak-on which the whole big action hinges. There are two families that are interested in the suit. First of all, there are James E. Mercy apd bis two sisters. Mrs. Wino Hayes and Mrs. Elizabetb Pines, and then there are Henry and Will liam Lott and their sisters Hattie A. Keith and Cynthia A. Hyatt. The Mercy family, 1t is asserted, owns by grant from an old Indian deed and from the deeds from the old Dutch governors. two-thirds of all these lands. and the Lott family owns the remaining one-third. It is also asserted that every foot of the land now occupied by Dreamland, the hotels, the pavilions-in fact, all of Coney Island ex- cepting 90 acres-is held only by quit claim deeds granted by one Nicholas Johnson, who had no right whatever 10 the prop erty.
 Old parchments in the possession of Wray show that the first legal mention of what now is Coney Island was made on September 10, 1645. when the Dutch bought 1ndian's Makapaca (Coney Island proper, on the East Side) and Indians Mocung (the beach frontage) from Crack ewasco, an Indian chief, paying the red skin one blanket, one kettle and one gun for the property. The papers also state the western part of the island was bought from Chippahig, another Indian chief.
 On December 10, 1G45, William Kelft, Dutch governor of New Netherlands, granted practically all of Coney Island to 30 "loot holders,' or lot holders, among whom was Barrant Johnson. That grant, the papers state, was confirmed in 1868 by Thomas Dongan, colonial governor of New York in the reign of King James IT. of England. and the man who afterwards granted a charter to this state which was the basis of the present New York state constitution. By degrees Barrant John son, it is said. gained title to the lots held by the 3s other men to whom old Kieft had given the properties. That was done by buying, by acetpting land in payment of old debt and by inheritance as John son was big man in the early coloniza- ton of this state.
 The property passed down through the Johnson family to Barrant Johnson TIL, who, according to deeds held by the plain tiffs In the present actions, deeded the lands on October 30 17S0. to his nephew, Barrant Johnson ", the property then being referred to in the old deeds as "the sands or commons lying In the patent of Gravesend."
 The deed specifically transfers the prop erty to Barrant Johnson ", and his heirs. without mention of any other per sons.
 Barrant Johnson III. died intestate and his brothers, John and Rem Johnson, and his sister. Seytie Johnson. became holders of the Coney Island, or Gravesend lands John Johnson, on August 16, 1S47, accord ing to papers in Wray's possession, con veyed his rights to the properties to his brother, Rem. who died in 1851, leaving as heirs his widow, Angeltie Johnson, and grandson. Barrant Johnson V. Seytle Johnson died before her brother, Rem. Tn his will, which is said to have been ad- mitted to probate Rem Johnson left the Coney Island properties to Barrant John son V. providing Rem Johnson's wife died before the grandson. Angeltie Johnson died in 1870, her death placing the dis puted lands In the possession of Barrant Johnson V
 Barrant Johnson V. died on March 25. 1s75 leaving no children. but survived by his mother, Elizabeth Johnson.
 Mrs Elizabeth Johnson lived alone Tn Gravesend, her nearest relative being the Lofts, who had married into the Johnson family. Elizabeth Mercy, a New York woman of more than moderate means, be- came interested in the descendant of the old Dutch family. The result of their friendship was the deeding of the Graves end and Coney Island lands by Mrs. John | son to Mrs. Mercy on January 22, 1883.
 In the meantime it is said that John Y. | McKane. the man whom Mayor Gaynor landed in the penitentiary, had become busy. At that time Coney Isnd's first boom was on and the properties which had originally consisted of sand dunes, broken | only by the road houses of that period, |
  recognized their worth so he had passed | in the state legislature an act turning | over the "common lands whose owners | were unknown to the town of Gravesend | Now, John Y. McKane was the town Of Gravesend and he got possession of the | lands Suddenly Mrs. Mercy awoke tc | the fact that the lands were slipping | away from her It is alleged that pecul.-i | McKane methods were put Into force and an attempt was made to have Mrs. Mercy | declared insane. She brought suit after suit to prove her right to certain par cells of land, but in nearly every instance | she lost her fight. Finally. worn out and penniless, Mrs. Mercy died in 1908, being | then the wife of a man named Hobby, | In her will she bequeathed her right 10 the disputed lands to her children. James | k. Mercy. Nina Hayes and Elizabeth Pine, | three of the plaintiffs in the suit brought | against the Northern Avenue Ice com pany.
 After her death her son, James Mercy, started to renew the battle. but he soon found that attempts were being made tc have him declared insane and he dropped the proceedings until about three years ago and the present suit is the result
 The papers in the case also state that l Seytie Johnson, who died in 1855, left her interest in the properties to the four other plaintiffs. Henry and William Lott Gym thia Hyatt and Hattie A. Keith To pros. the claims of his clients still further Wray says every will transferring the lands. from the death of Barrant John son l.. down to the death of Mrs Morey. only three years ago. legally has been ad- mitted to probate and can be used as evi- dence. The will of Mrs. Mercy was