The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-11-13

Secret Marriage u . Catholic Priest.
THE WIFE sUxIHG THE ROMAN CATHOLIC BIsHoP OF
BR0oxLYN-coApLAINT,A Answer. TESTIMONY, ETC.
surRKhE o0URr-BxyoRE j. \. VAN corr Rxp7nIx
JULIA ANN SMITH ADS. JOHN LAuoHLN.
This Is suit brought by Julia Ann Smith, against
John Laughn, the Roman Catholic Bishop OF Brooklyn
to recover property held by him, tenant her
ceased husband, Charles Smith, who WA Roman ca
tholc priest The property in suit consists Of two lots
situated in Jay street, Brooklyn and now valued at
$4,000 The husband Charles Smith, died in the year
1851 and in this year he conveyed Aschbshop Hughes
Of New York. the lots in question for the sum of ST. 5OO
but the wife not Joining in the alienation of the propesty
IL claimed that The original conveyance invalid The
Rev. Mr. IAughn now holds these lots a. tenant under
Archbishop Hughes The plaintiff claims that abe was
secretly married to the said Charles Smith deeeaed he
being at the time Of her marriage with him. ami up to
the time OF his death, Roman Catholic priest She vas
his lawful wife at the time Of the conveyance of the pro-
perry in question and has had by him children who
both living.
The defendant denies that the plaintiff was the lie of
Smith, and sets up that the roparty WAS purcaa -ed
leld and conveyed by him in a duciary capacity Til
suit WAS originally brought in the City Court
lyn, but account Of doubt the Legality OF
the ointment Of Judge Culver sic red to tho
II was referred 10 J. N. Vancost Esl re,eree The
following are the pleadngs;--
CosPIANr--JIiid A. S,nith against John Laughlia--
Julia Ann smith the above plaintiff BY @ q. Hlse her
attorney complaining shows to this Court that Charlie,
sniith deceased, Ia MS life time and no
18th day OF March, 1917, became the in fer
went into The possession Of the following
OF iand with the appurenances:Ai taose two certain
lots pieces or parcels OF land situate 10 city of 8o
Ign, state Of New Yosk, the westerly sie OF Jay
stiee known and distinguished lots numbers thre,
humid sixty seven and three hun Ire and gixty-
nine map OF property formerly beongipg to Cosnf,
sands and file in the Clerks Office OF Kings county;
said lots being each twenty i've feet front and by
hundred feet deep
And plaintiff farther shows that the said Charles
smith, on or about the FIRST day Of January 1851
/ he v If lk,.fn Had ,,a,
leaving him, surviving plaintiff, his widow ami two
children, Mary and ChatRs H. smith, his heirs at law
And plaintiff further complaining AYERS that the said
18th day OF March IS47, she was and for a Long time
previous thereto, had been the wife Of said smith
became, upon his death entitled dover in said IL
his (smiths) SAID widow that her dover In said lots
has never been released, conveyed in any
tished.
And plaintiff further shows and AYERS that the above
named defendant now in the possession Of said lots and
that he withholts from her her dover therein, after
demand thereof having been made Of him by said plaintiff
10 her damage Of five hundred dollars.
Wherefore plaintiff pays the aid of this Court that she
y have Judgment Tor her dover. TO the end that II may
costs ofsuit. G. o. HUIsE paintiGs Attorney, -"
81 Wall street New York
ANswER.-Jnio ann Smith d5y. John Lauyhiin --The
abovenamed defendant, for to the complaint Of
the plaintiff this action denies ca .t and every allie.
gaon contained in said complaint and denies that the
said plaintiff IL entitled to the relief therein demanded
any reie whatever and pfays that the saa complaint
may be dismissed with costs.
This defendant for further and separate defence in
this action that about the said 18th day Of
4
years prior thereto had been conpec ted in fduciary
manner with the St James Roman Catholic church In
the city OF Brooklyn and being connected had been
IN receipt OF the moneys, revenues aud income Of said
church, that the said lots Of land purchased by the
said Charles smith, were purchased for lbs benefit and
on account OF said church AM OF its moneys
and income that the title TO said lots Of land
taken by the nii Charles smith, in fact for
the said church and held by him; aud thai the said
The st. James Roman Catholic church was on said 10th
day Of March, 1s.7 and had been FOR long time prev
Gus thereto, and has ever since been and H. Ia the
4 possession q
This defendant, for further aud separate to
the comp int In this action denies that the said
smith seized If estate of inhert In the
said lots Of land In said complaint referred to- either
Of them and further denies that the said Charles Smith
seized Of any estate In said lots Of land
eher OF them, Of which the said psDT can or should
he endowed ane prays the saia complaint may be dis
missed with costs
/ Dated April Is, 1855.
A. M5cyE, bsft's Atty N9e cGnr, s., Brooklyn
| dant, Alex Nccue, John A. Lott.
The counsel for he pa Mill, upon opening the case,
faio That julia Ann smith and chailes smith entered
nto the Citations IS and wife in the 1897 and
had maintained such relationship 10 the time 81 the
death of Charles smith in 1851 that for various
the marriage Of these parties had been kept by them
ecrct from all excepting confidential and very intimate
irends to whom the marriage was freely acknowledged
i by both parties.
! Mary Ann Carlton the first witness sworn-she
testified that she knew the Plaintiff she knew her 70 be
her husband; that her husband INTRODUCED her
by the name o. Hays; at that time tue pantn by
| the OF Mrs. HAYS
!
Brooklyn; about iwenty;onr years ago | resided in
Albany and knew the Rev. Charles Smith there at that
time; woman 10y the name q lays living with him
/ then a housekeeper ] boarded there az the time
should think, about yea, and left her there when
/ left; Smith n Catholic clergyman az Albany, and
lived in Chapel street. this in Chapel street
don't know that the plaintiff had any children;
boy ~ schno hen ABOUT WE'VE Or fourteen years OH,
and boarded with them; there were no girls employed in
4 the house servants.
Cross examined-Mr Smith OBLIGATED At that time a.
Catholic priest at Of the churches In Albany don't
\ know what chui ch Mrs. Hays attended.
Charles II Smith sworn--I AN twenty three years Of
nge and shall be twenty four next May my
Charles Smith and Julia Ann Smith my father
Catholic priest, and have seen him othcate
with the shakers at New Lebanon and before that time
have faint recollection Of my father and ~ seeing him
AT my mothers in Albany, and when saw him four
years afterwards at Lebanon, where he visited me, re
ctgnged him and called him father, although did not
know, when J. entered the room, whom was going %
my mother took my sister and myself TO live with
the shakers my sister remained there years after
left after had been there about four years my father
me- but told ~ho 8 was LEFT for me 70 dis
coy er him when came into the nrnedi ,tely re-
fa,hcrfS lie laughed and a.ked me how did seemed
friendly and express ed himself satisfied AT recognition
q him the interview lasted about three hours he asked
Il liked my situation there siding that IL would leave
he would send me 10 school and - college, he
five dollars money before be left aud returned 70 New
Lebanon Springs on his way "a New York.
next saw him about two years afterwards In summer
nj the place, he very cautious then what ne
said before the Shakers he wished 20 leave thec
promised 10 send school and after wards college
Left che shakers suddenly In 1913 and 20 live with
Mr.. Benjamin A. Hall who lived rear u.s. and who Il now
IN this city John Hayes half brother a mine (spoken
~ the third child then living with Mr. Halt
both knew where father was, and Immediately wrote 20
him 81 Boston and received answer encI ,sing SO
this letter addressed 10 my brother. and he
have |, in his possession; remained In New Lebanon,
| and changed the shaker garb for ordinary clothes
About a month Afterwards met my father at Canaan
Four Corners station the railroad had previously
cnfresponded with him, and met him by appointment,
be gave money, and went 10 small school 10
Nassau, Columbia county kepby Mics Hicks my tathe
vented acquainted viii. the world before
~ ntrou eel 10 his frien f. entered this school In
1sfg ana remained there about three years, during
which time occasionally al Boston with my ia.her,