The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-08-04

TIE advocate called th~ stttuton OF court TO tws
Philadelphia, two civil teposi.ors promise Of mar
riase tetwsen M. de Msrbos and ElzsDsth Moore the
rom he smoTsrss sas a,,hsS or fsmiIv bs Of
Wm aoere, and several other documents. They dc.
Tard Of us ts ecn'nued) Preot Of the hla.ion 10 OF
zsbeth Moore, become Mscaws d. Barbois, and they
contend that ought to produce the registry OF birth
eor iesults that In France IL possible to prove
tgtu ate listop Independent Of the registry OF BIRTH
OF rhch hive rsae sntrscts that the case is evidently
tie same in thu United STATES. Tho defenoaDts say
sssipfou produce scts taken from the registres Of
tte Urtso States Why DO not produce hose which
WI sstsbhsb precisely the aientsgo which you claim
Tie snfwsr is easy: tee erisn'snts prouss existing
acts Of ns nature but ths family not hsving always
tie Hgsration OF births marriages AMI Deaths
it s lot ite 10 produce documents OF this
ter FOR all the births sl Ebs marriages and III tbs
es3ths which hsve taken place in tue family.
Btsdes We cbsl epee adverssres to prove that in
TIE State Of rtnpsl there exi- smporaneoas
isttrr OF the birth oil Thomas Lloyd Mooro and EzA
ssts spsre MIR, rsiist eohtiutsi by dsiucipg from
erest sunbrr OF docureps, irrsfu'sbs according to
b. M of the legitimate hiia'pn of HI zabeth Moore and
Of Thomas Lloyd Moore gmrdtethsr OF his client.
At the audience of the i;th Jnly Mr. Serryer coun
rel OF Messrs. de- yaiDy ana De Lsry presented his
argument as follows
Gentle men you hase not lost ths recollection OF what
took place Al your iast sude ncs My adversary accu
nEstec teore you documents Of all kinda, endssvorns
~ orrw rom them probabilities But partition Of In
hsrarce Is not uns OF those actions which can be su
II Itqpitss positive titles &nd xpect that 1t witt be
easy for me, en- examining by the diereut
rstate that Advsrsarts have not proved their
pretenton Our resistance has appeared un korthy and
edious 70 those who attack US We wisn-ssy they
to ccntirue IN unjust POSSESSION. / must recAt
the facts 10 wipe sepersions from my clients
Madam. tho Duchess de Pls'sance, died at Athens
the l4fh OF May 1854, without Disseminate or progsn
tors. Msssrs De Vsmy De Iery incontestibly
her relatives in the cearee Of second cousins At the
Iews Of the death Of tina Duchess, re vslny
takes care to msse known this sad event Madam Rag
way nhabta Paris long time. She sparkles the
~ofa hy her fortune and sil more 80 by hsr ch arms
every thrg which takes place ia tha high socsty In
which sle is not merely admitted but sought for, sne
is socu mace arars Of sbs had kpoS the life OF
fortune srtken of she certainly learned OF her death
Bes,cts, M Do vaimy Who had had with Madam Rog-
in the spt sr- die not fs doubtess morn her
OF IL The Duchess bad n. In Paris who nform msd
my clients that their relative ha1 died without making
Will, ard confirmed them in ths expectation that she
left large property. The gonaAt)n OF provisional
was necessary tas agent Of the Duchss:
was nominated to these euuctious, and received
touer to fulfil them. The sxplanations which ne
furnishes, will establish clearly that there WAS
10 hsir in tbs ms,ernAl lice, The preliminary
eeedpg to the diyision. s at tho instances Of NJ De
ralmy MEASURES are tai to and out heirs ia the
srrni branch The French Consul 10 the United States
j. rriten TO and It during the exch sngs OF
ponde1ce that ut the end of September the division OF
the prcIerty Ia closed Two ITS up-ons for
The personal property the other for the real estate
The demsnu which thu Conrt hss to determine
was commenced On the Goth Of October. Madam Ridg-
way cxns herself second cousin but without xpispnx
The relationship Messrs De valmy aud Do Isry mme-
d.ateiy cfisr division anicsbo terms tue sole
conoiton that Madam R'dg~ay would present her JUS
ti6eatt1y titles My clients coald not fairly.
Their Plopcit.on il neither accepted rejected but
the 2ga 23d December they are invited TO be
presen. at the cepostnx ia notarys bands Of ust
tcstory documents. ThsBs docun,ents to the number
Of eleven ss extracts from ths resi,riss OF Phiadel
pha establishing the fact that TIE plaintiff is cesca andsd
direct line from Thomas Lloyd Moore bu. not PROV
ng in that Thomas Lloyd Mocrs the brother
haA n.ul la xkAt. ~ ,.A. 49,
important thing The fact Is noticed; ard 1t Is an
bounced that the next steamer will bring rrefutsole
acts o, Losortr three declAratons Of witnessed the
copy OF inscriptions written on the family Bible will
Of ssrst Lloyd q the year 1881, and second viii of
TIE SAME year. These not the ac,s which you
thefe acts exist they be found the rsgeriss
Ct bbisoeiphia That is what say to opponea.s
At the tpr Of III production they declare to us
that they DO rot intend to furnish any other
Mcre recently, ho xeyer. i've documents are pro
Juced; they arc Inss Di6cant but they reveal
GisohEgcg intention. In o. them which Ia q note
enumerstIg the paerpa and maternal reAtives of the
Iuehess DE- Piasn ncs, prepared by N De Marbois,
have reao these words, printed la tiics adyer
sari.s' case:-"lhe Duke de vsmy died in 1886 He
has himself left successor, VINO has been given 10 him
nephew" Do they mean by th sparsse to Ast any
doubt On the rights OF y D- valm,f IL would be sui
cent to read tie registry Of bath o. De vslmy, to
the ebid Irtsentd TO the civil state by ~ Bsrbe
e ssrteis hinselr. That is not AL; M. Barot de
Aarbois has been, besides the godfather OF my client
You the worth OF the documents iuced BY al
yersaTes You see to what resuls they arrive whom they
e-ceSvor build up origins FAR back oy the aid OF sim pe
probabilities. Before commencing the examination OF
all the toeumtnts with which adversaries
against let Us cast cur eyes gentlemen, upon the
glance shows us that supposng the relationship,
which We den5, was proved II would stu De saary
TO prove the cecease Of brother OF Mr. Thos Lloyd
Moore, Mr, Robert Kefrey Moore who figures on this
table Eytn th&t would not be sufficient tSe American
law ooes not aent representation for the descendants
OF brothers and kters, that the existence of the
cheren of Robert kerney Moore would be an obstacle
TO the presenAon which s raised day andt gould be
living OF Rotert Kernsy MooIs.
Counsel anvirg at the principal question in dispute
sensuSsd 9as pIGoi tS.t the common sSthor ysd
is OILY SUFFICIENT 70 prove 6iiauoa in certain cases
that is, the ehnd Who rsclAins for himself Ii.
parties have Lot tue right Tley are hsld
10 produce acts Bat this case fhonas LLOYD N,ors
tstion rs husband and vile Of those whose son he
claims TO be- because he cid not prove his aliAtoo
which should be estabisbed before every thing That
which Thomas Lloyd Moore woald not been abo to
60, apursdiy Others cannot Go.
After having sought 10 demonstrate that the Law OF
PhilaC elphia poses the condition the Frensh
Law these who wish 70 Prove their 6laton, tina lie
fep6anis counsel continued When you have tho acts
produce 70 the OF all the births the regular
extracts from ali the acts Why rot 90 father You
prove every thing except the iAton of Thomas Lloyd
tries exist They have bean regularly kept sincs the
year ice Is from these rsgissies that you draw all
your useless proofs they are dumb On that which Ia of
importance to know But their existence suffice to
prevent your being admitted 10 to any other
mode of proof.
Ccunssl then examined the PROOF which the plaintiffs
sets to dedreo from family Bfoe presei ted By Richard
Wilt 10th January, 1854. Ibis bible proves nothing
Tor al the roicaoLs which 1t cor tains have been writ
ten oD the same day; they cotsnporaneous Of
the events which tteJ record. We may pass by this
certificate emanatrs from . religious comm anity,
which they present from the exsency Of the case aud
which no more than the Bbe proves Any hing OF the
nsribss Can ,hsy sustain ,hs nA.ves Of no.o.
Eietys Not ct ell Tie proof By Witnesses can only be
received IN the aessreo OF al other OF subsan.
tlaIrg the truth. Besides, the acts produced mtxc
known exprts only one iactthe date Of the oeatn oi
1fomas llt I'D Moore II b ony accessonly that the
witnesses declare that Thomas LLOYD oore va. born Of
Wibn and sarah. and that these m.rried After
having contet esd against the value of Mr Bs decla
r2tcb, snd o the at o. marriage OF NJ Darb &c aar
Lois the counsel thus ooninuesWc have reply to
our adveIses, who pretend they have established tha.
they are legitimate ncsbts OF common ancestor
All typohesss must be permitted 10 us What ras In
lTts, William MooIey trsder-a coIonist leacinx the
Adventurous life Of new countries, entefts nng With
tbs person ard that psrson connections which only