The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-01-11

Saturday. AT present it is raining. Yours,
Twisr.
Philadelphia.
Correspondence Of the Herald.
PHILADELPHIA, Jan. 10, 1912, p. NJ.
This day has been all that yesterday was not
that was clear, calm and warm summer. This
accompanied with rain, hail, sleet and snow OF
course batlittls is Transporting out doors
The Reading Railroad Company, with invited
friends, dine day at the Washington House, in
Chestnut street. The grand parade will GENE Of
tomorrow. Two hundred and fifty tons of coal
will be brought into the city, Oh the entry Of the
procession, as an earnest of what the company 10
capable The coal, teo, was all mined since Fri
day morning. This looks well.
regret to inform you, for every body loved the
facetious, good old man, that the Hon. Judge Je-
seph Hepkinson died, of tie sudden attack with
which he was seized on Friday, this morning. at .
little after ten O'Clock. He has long occupied
seat upon the bench of our Supreme Court, and NO
man filed the pest with more ability, up
rightness or satisfaction to the community. 1t was
| bat yesterday week that he assisted in bearing to
his grave, his companion and friend, the lamen ted
philanthrophist, John Vaughan, Judge Hopkinson
was member of the old federal party-the name
nor the principles Of which he never sought to
though he was able and eloquent member Of the
late reform convention to amend the Constitution Of
this State He used facetiously to remark ,on seeing
others. in the face Of popular clamor, seeking to
skulk the name of federast, that he was the resi-
duary legatee Of the once popular distinction
During the sitting of the Convention, he always
took the federal side ofevery question Popular ella
NOR had terrors for him. His patriotism had long
since reached the hearts of his countrymen through
the popular National Air, Hail Columbia" Of
which he was the gifted author. Our city mourns
great, good man. Peace TO his ashes.
The following somewhat singular case was deter
mined in our Orphans Court on Saturday, after 4
trial lasting overtwo weeks. As one ofthe parties
Belongs to your ctv, furnish you this brief note
of it.
The parties are David Sears, lawyer of New
York, plaintiff, and the widow of the late Captain
William Day o! this city, defendant. The issue 10
number of ladies' residing in New York, who claim
TO be the relatives of the late Captain Day. and ask
| distribution Of his property among them as his
heirs. MIR. Sears purchased the claims Of these
ladies, and of takes their place as plaintiff
The defendant denies that the claimants are or
were in any way related to her deceased husband,
rable testimony The claimants are of respecta-
BILE family, of Albany, New York, by the name of
McCready, and claim to be sisters If the deceased
Captain Day. Sometime between the years 1890
and was not heard of for many years. When he
did return, he introduced mseif by the name Of
William Day, and by this name he was known to
the family in the early part Of the present century
The precise period OF his absence is a matter Of
dispute. The fact of change of name being thus
clearly established, the claimants insist that their
brother William McCready, alias William Day.,
was the identical Captain Wiihnm Day, who was
married to the defendant, and who died mites,
without making will, in 1889, seized or eerran
property. That the claimants maintained friend.
lv Mt with the tahl Co fail
some fifteen twenty years before his death, is
not dis puted, and the ladies also contend that in
this intercourse they were recognised, in pablie
and in private, as his sisters, both by him and
the present defendant his wife, and were regarded
as such by 2 large circle of scquaintapces;-
They account for the change Of their , bso.hers
to avoid being pressed by British cruisers as q
Scotohmau, the name of Day, being they say.
more American than that of McCready.
On the other hand Mrs. Day, the defendant, con-
tends that, although the claimants certainly had
| brother who left home and changed his name, ~
| they state, yet the Captain Day to whom she was
married, and who died, seized Of the property con-
tended for, not that indiv duai She also urges
that during the lifetime of her husband, and even
up to the period when this suit commenced, the
petitioners never made q claim Of kindred 10 him,
| nor were they ever recognized relatives by him
by herself. She likewise asserts tina, her has-
band lived and acted under the belief that he had
other relative but herself, and that his earning
would inare {, her benefit after his death, and she
| concludes by asserting that his was always
| Day and never McCready; that William NJ Creaay
alias Day. born nine years before her husband
and when young a clerk in grocery store, and
| subseq uently spinning wheel maker in Albany,
but being of remarkably tim frame and feeble
constitution, he left this employment and became ..
schoolmas ter. Her husband, she says, the cor
trary, was robust man, ard followed the froa4
the time he nine years old until his death; and
she gives many traits of character peculiar to each
Of the William Days, which would seem to estab-
sh beyond doubt that the brother of the claimants
| and her husband were distinct persons.
| The testimony on both sides contradictory
in the extreme. The case is peculiar one in every
to prove who are his kindred when others are in-
| terested in opposing his testimony. One OF the
most singular features in the case is hat the presi-
ding Judge was well acquainted with the CaptaA.
William Day, who resided in Southwark for nearly
half a century. The case has been tried twice be-
fore, the first resulting in verdict for the widow
and the second in a disagreement by the Jury.
great deal of additional testimony has since been.
obtained by both parties, which has given the case
an entirely new aspect. The Jury rendered thsiE
verdict on Saturday in favor of plaintifs-those ;
The robbers of the Western mail, between this
city and Lancaster, Saturday night, have not yet
been discovered. The pouches for Lancaster
York, Chambersburgh, and Pittsburgh, were cut
open and completely rifled of their contents The
mails placed in the baggage car. as usual, At
the corner Of Eighth and Market streets, the door
| Of which was locked with patent paddock. The
robbery not discovered until The arrival Of the
cars at Lam aster at O'clock yesterday morning.
1t found that the paddock aud staple Of the door
had been wrenched off, by drawing the staple out
the depreciation committed aud the staple and bar
placed back in their position for locking, bat the
paddock gone. The contents Of the four large
| pouches were obtained by Cutting them open with
| knife or some sharp instrument, and they appear
| to have been cut and slashed without CEREMONY
These are supposed TO have been valuable. In adj
dtion 10 the mails from this city, they contained
those which arrived by the Pilot line from New
York. and all east. It's supposed the robbery must
have been committed while passing between the;
city and the Inclined Plane, to which place we un-
derstand the cars are take by horses.