The Richmond Virginian. (Richmond, Va.) 1910-1920, 1912-05-07

he was retained by the state Librar-
ian Of Virginia to institute suit in be-
half of the Commonwealth against an
auctioneer in Boston. who was adver-
Using for auction. as the property of
Mrs. Benson ]. Losing, certain docu-
ments which were believed have been
stolen from the Capito In Richmond
in 1866. He stated further, that de-
Tense was made 20 the suit by Mrs
Lossing, and that II was FOUND that
no evidence existed that these papers
| were ever on the files, other than the
fact that they were addressed to ON
GERS of the State of virginia; that
finally he was instructed to abandon
the suit. He. however, continued the
| suit until he succeeded in effecting a
settlement. by the terms of which one
half of the documents were delivered
to him. With his letter he forwarded
all of the papers he had recovered.
expressing a hope that they might nnn
"a permanent resting place in the
archives of Virginia.
! "Ac | could f1nd no record OF any
authority to institute the suit for the
recovery of the documents. nor or
I the agreement with Mr.. Storey, am
/ not knowing what liability might be
! incurred IL | received the papers on
! behalf of the State, ] wrote TO Mr..
Storey. requesting copy of agree
! ment with the librarian. He repiied
/ that he had no agreement in writing,
| but for his services since his instruc-
! tions he had no charge and proposed
! 10 ask nothing, save what was paid
/ at the time he was engaged. which
was 500, and thereupon | accepted
( che documents, and have since turned
/ them over to the secretary of the
/ Commonwealth, TO he placed In the
| library. The documents are exceed
! fngly valuable. and l hope your hon
! orable body will adopt joint reso-
| tuition. expressing. in suitable terms.
! virgin,a's appreciation Of Mr.. storeys
efforts in her behalf, and her thanks
Tor his Kindness and generosity.
storey Receivers Half.
! The first letter written TO Governor
! O'Ferraii by Lawyer Mooretield
| Storey was dated March Is, 1891, and
stated:
"Some years ago l was retained by
the State librarian to bring suit in
| behalf of the Commonwealth OF Viz
| ginia against an auCroneer in bos-
| ton. who was advertising for sale. AT
auction. as the property OF Mrs. ben
son j. Losing, certain documents
which were believed to have been
| stolen from the State House In 1860.
Mrs. Losing appeared to defend. ann
upon examining the cast IL was fonho
that no evidence existed that these
napers ever were upon the files oth-
er than the fact that they were ao-
dressed TO officers Of the state
Various points were taken by the
counsel for the defendapt, and l was
fnally instructed TO go no further
with the case, but 10 abandon it. the
rasul- Of which would have been that
adj the papers would have become 'he
property OF Mrs Losing. I have SO
far varied from my instructions lhat
have continued the case until haV'
succaeded in effecting settlement
by the terms of which one-naH the
documents were delivered to me th'S
morning and the other haf 10 MIS-
Tossing"
In his second letter to the Cover
nor lated JuN Is, 1891 lawyer
Storey says:
., n,a ma agreement with the state
,urarian In writing and the facts are
as follows: Mr. Poindexter, the nora
Ran in question, discovered that az
aucttoueer in Boston was aGNert'Sihs
for sale. as autographs. certain &C.
nsnts which. from the description COW
aimed In the auctioneers ca,aiokue' az
Thought belonged to Virginia re ~
cordingiy came here and reaues,so NV
An behalf Of the state. TO obtain an m
tn,,tion against the sale. | brought
Wi. accordingly and Mrs, benson D.
LEASING appeared to defend. sn" nav
ing found the papers among her aus
bands effects. and having given them
10 the auctioneer to be SOLD TOT hef
benefit. The defendants answer put IN
issue the right OF the librarian to ACT
for the state. by denying our ah'h"r
ity To appear: II also denied our titie'
II epdeavored to obtain from Ricn-
,,ond some ratification of my action in
official form. which could remove all
doubts. and also tried to get some EVIL
dence Of the States title. The result
was n direction TO abandon the SUIT.
or the ground that the state dsd not
wish TO incur expense. This inSfric-
ton did not follow. because I thought
that the defendant was 80 weak that
some compronise could be made. ana
TIE result or much negotiation WIS tire
division of the documents. As for my
services since my instruction to 60 no
further we have made no charge. and
propose to ask nothing save what was
paid at the OUTSET. 500. | hope NY
action meets your approval, for 1t was
a choice between half loaf and no
bread
List OF Papers Recovered.
TIE importance and value Of the
documents may he appreciated by Pc
rusal OF the one half division secured
through the Roston lawyer. These pa
pers now in the State library, include
H. fe.@ie~iHx .
Letter dated 1909 to the governor
general Of Virginia in behalf Of the in
hs bitants Of Berne.
Petition of the Inhabitants Of Pa
munkev Neck against being made into
county, probable date. about 1885,
addressed to Sir Edmund Andrews,
'ri,t1As-cs~ 9ess@raI ~ Virginia fa.,;i
Extract OF naemorandums concerning
the NAL administration OF Colonel
Nicholson, governor general OF Nir-
GINA dated 1903.
Letter from Governor-General Fran
cis Nicholson to the speaker. and the
HOUSE of Rurgesses in 17ob-
Letter of the Board of Trade and
Plantations. addressed to Colonel
Spotswood and dated at Whitehall,
August 30. 1111.
A communication from Queen Anne.
through nottingham. addressed to the
governor and council or Virginia, pro-
hibiting presents by the general as
sembly TO the governor. dated April
20. 1903.
Letter from William Byrd, dated |
April 10. 17o3. and addressed to Fran
~ NtchnIaon goyerpor. gaparoJ Of Wv