The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-05-15
,,,.., States Circuit Court.
Before Ch. justice Nelson.
mn o.sx or , qE ESCAPED NUN.

l q N.
MAY II In the matter Of "sS 1osephtns Banktey
against Desoia Davenport for Injunction fstra'n'ne
them from publishing aAy Book or ne Veil Ul14tsd.'
AT four O'Clock p NJ this case was GA led on several
afidavts were read by Mr.. Cutler on the part OF Inc
defendant in opposition to the motion for 10, dncto "
The idavit of Miss Mary j. Upshur forth that ON
or about the 10th Of December 1854, at the reqaso
Ar Chas II. Beae. who informed her that he on.
gagged in writing book ia which would DO introiuc>d
the statement Of Miss Bunkeys exposure st the nsc
luton o. st. Joseph near EmmtsbuIs, Maryland she
cohserea 10 assist him in writing and composing 80
same she (Miss Upshur) did compose and sveTS
as sole suthor Of so much Of the book epttsfy
MY Book, or The Veil Uphftei - as is comprised bs~
nsn me srst psragIseh the seventy fifth page, &c
that Mr. Beas ss a has the reason to believe
in the publication OF the book ~ s
The affidavit CT John t. sraucis, Clerk OF the nztrcx
Court Of Virginia. AZ Norfolk deposei shat the whas -
the look proper, or that pa-t dsnoS from her STATE
shur an himself and that tbsy are the sole satbot.
thereof. With respect to the statement OF Mas bank
sy II rs impossible 70 partcuarns wnst portions
furnished By Miss Bunkley contained but faint and
mesgre outlines OF her residence at st Joserhs which
we're arranged, ahed up, clothed in language. and
entirely rewritten by him EraDcis) that there
but few sentences originally written by herself
only the facts described by her He aso
states that, besides what contained n her mama
script other facts we're related by Miss Bunsey him
described the ninth chspter wherein prizes, her,
y les Bunkley.
Mr.. William G. lumbar states that few days after
the arrival Of Miss Bunkley in the city of New York.
from the institution OF St Joseph's, Maryland, whsace
him ~ ssr .ae %s ner escape r sae qcea
Bunkley that II she would furnish him With statsmeot
Of her experiences while ember of tbs community o.
81 Joseph's he would undertake to and write
work In watch her experience at the said institutions
would be comprised and nat he would also arrange Aad
Mr. Beae to have contro of the publication of ths
work ard that Miss Bunkley should receive one-ourth
BunlIey cenrepted to the arrangement pro.
posed a few days afterwards, he (Mr. Dunbar>
her residences ST. Jssepks 1t was understood at this
time that Mr. Beale to have the publication Of the
ysnce the necessary funds for the prbcation for which
he TO receive fourth and Mr, Beae onehalf Of
seem Miss Bnsy several s mes
never heard her sxpress any dissatisfaction the
that had been made with Mr. Beals.
Secch de Cass1i in his affidavit, stated that Joseph
Bupkey told him he had to take home his daugh
ter who at the house Of DR.. Andrewo Perth Am
boy N. j.; that Mr. 3unkey said he hac never known
Dr. Andrews until ksvisied Norfolk last winter that
after his escape frou the invent Dr. Andrews
DR.. Andrews was at Norf7ls -s entered his name as
"Jones'' Atthe hotel the7s gave thathe
was employed on a secret mission secret agent Of
the y. s. Post Office DepaT he he believed Dr.
Andrews wss Jesuit or a d--d scoundrsl" ***e
and see the Hon Es.u srooEs to whom ' be hsS
letter Of introduction depo,ssnt went and in
Mr. snnsy .amss to s dS,
much excited about his daughter; deponent and Mr.
Brooks all a once he exclaircd Let as 20 to the
'ac life Hotel rist nish this Susness to-day" they
vent there, and d-ponsnt states thnt MT Bankley
to be satisfied With the arrangements made with Mr.
jeak.
Mr Dusenberry read an affidavit Of Miss Bunkley to
ecs that she had furnished two sundfed pages Of the
ooh, and had subrtted them to Beals at his soicta
iop and that she ne7er him any authority to pub
sh the work; that she had copy Of the work
sstra ned, and had rlarhed the pagss which she had
IiteD word for word and also the passages which
cen ztyoduced.
Mr. Cutler argued at some length against the njunc-
lon, claiming that NJ = Bunssy not the autdorsss
the work in question, and that ths negotiation be-
ween Mr.. Beale and Do Witt Davenport per
ectiy tair and Legitimate.
eral Sandford contcnded that the should
,e made perpetual that the defendants should be
strained from publishing this work she preparing
history of her lfo in which these scenes and In
dents therein described would be set forth the
words.
Decision reserved.