New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-11-13
- TIFg OF A CATHOLIC PRIEST
ThN STING FOR DOVER.

,.irst John Lsugtlin, blsoop OF
,,, ber dover in certain lands co"'e!'O y
E,band TO Archbishop Hughes
Gil, ..;'., .iobo Laugblis.-Juia Ann |
J'la a, o ia isn ia b, G. o. llulse BIER atof-
sSI, -ols;,ing shows 20 this court tha' Nual-s
In deceased in his lifetime, anu 90 or a'ol ,lig
~ dsv Of March ls47, bee ,ine 'uc o"ue' III l'o au
zen, IN o the possession OF me "''"iuE n 80 -
L. oflnud with the spp1rienaIcFs au tupSs -
fS - - Go or ,arcel- Of land situate q the CITY
ER-ontIyn state Of New York, on toe westerly s'ae
To- tie: known sno ois'ioguish@d ~ lo's nam
tVy. - b.Ddred and sxts-eeven aud three hun
H.1 siTtJ -rine 90 a map OF property formerly ne
-, N Comfort Sands, snd on Tile IN me cl 'rk 4
%sDneo, Kftgs county, said lots being each tweu,y
Sa' ss, fopt sId resr by one hunor-d te-t deep.
- sain,ifF further shows that the said Ih4rles H.
,6 On or about he frst day If January, 1851, st
.esr the CITY of Bos on Massachuset died inte..
- having him surviving plaintiff his widow and
.ocbiltreD, Mary sod Charles Sml'h, his heirs at
The said 18th day Of March ls47, che sas eud for
ous time previous there 0 had Ten. tie wife VI aid
satb ano became, upon his death. euiil 20 do yer
(. ssid lands "a his ISmtsl said WIDOW; tbs; her
,ser il said Tote hss been released, conveyed,
nsrymanDe saiietied
AID .lsipdff furtter shows and AYERS that The
,bosenaJ1 cd defendant ia nov in tae possession of
VI; lots ano that he vi hhOlds from ter mr. dover
sejeiD after demand thereof havi 2 been nate OF
N by SAID plaintiff, 10 her damage OF i've hundred
sAsrs
Wherefore plaintiff prays the aid Of this cou~t that
may have ia IgInent tor her dover 10 th7 end that
gay be set off 10 her in the manner provided by
~ WIN 'V''' 0. o. HULsE, plaintiffs att'u-y.
ANswIR.
IrIs Ann Smith agt. JO1n Lsngblin. The above
ue1 c. feU6ant, for answer 10 The compliant OF the
,istin in fits action deiies each and every ek4-
Eco contain ed in said comyl4ih and deults that the
~ pl.iut il entitled TO the relief therein dc nauded,
o any relief Hhaiever, and prAys that the said cJm-
Isn, may be- dismissed with costs
Tbs defendant for further AMI separate defense IN
NJ. seton that anOut the sal l2'n day OF
March l847 the 8. i'd Charles Smith WAS, and for come
,eMs prior thereto had teen connected in iuciary
manner with the ST j ames Roman Catholic church
. the city OF Brooklyn, aud 0eag 50 90 meet d, n 80
ben In receipt Of the moneys, revenues ana Dc0 ne OF
s.d church, that the said lots OF land II pdrchase1
ty the ssiO Charles Smith, were purcha,e1 Tor ne
benefit and on account OF sad church, and out Oh lt5
yope,e revenues and Income; mat the ute 10 ssld
"A. NJ lard was taken by the said Charles smith, In
c 90 Trustee for the said church, ard so hello by him;
and hat The said the SAINT james Roman Catholic
tburh vas on sale 12h day of M4rch, 1Si7, and had
Ikep for long time previous toereto, aud has ever
l,rce been and DOW il, IN the actual possession and
ecupatOn OF said lots.
This defer can't for further and separate answer to
he complaint in this acOr, denes tn - the SAID Chas
smith was ever seized OF an estate OF inherit ,nce III
t said lots of land 10 sa7 con ai0t referred TO- or
ether Of them; and further denies thst toe said Chas
smith seize of any estate 10 SAID los Ut land,
Ntliber OF tbem, OF WHICH Tue hhiu plHluHu ctu Ut
,Oulo he eDdOs ed HUd prsys the sad complaint may
sGiSmissed with costs Dated April Is 1855
A McCUE defrnd4n 5 attorney.
For plaintiff, G. y II ilse, Wm. Fullerton; for de-
istsnt, Alex. NcCue, John A. Lott.
Mr. Full rOn, in Opening the case tor the plaintiff,
aid be proposed to prove that The plaintiff snd Smith
A,5 about twenty tour years cOnractd the re a1On
dnsD AZ with which hao coniioued to sub'is between
Aem until his death III 1851 For very obvious rsa-
Dns however they Geemed il necessary TO keep the
natter a secret TO al tx sept confidential friends or
tOae with whom they were on terms of some init.
Sy; but to such persons they both freely acknowI-
Eged end by Il cir acts shO sed that the relation
yly fecOgI lied by them. This would be- shown by !
..mtrOus witnesses, whose teri mony, taken connect
sy woad extend from the FIRST period of cO1sbita-
loo to the OF Smiths de4'h, and establish the
ST of marriage eyOnd doubt. lie should also
ROW that the property, in the posse ssOu of the |
C.tpdaDt bad been pur cnabed by Smith ia his oya
-shi, and not in any fduclary capacity, and was
aenfoe subject to his widows dover lie then
(sle0
Mar Am Carlton, who, having been sworn, testi
III q foloss: reside in this civ Al No li8 West Ts-ny
tVrh street, kno~ Mrs smith tho pi@i.ud; aid have
vi Bfm ughsn street when IRIS knew herr Mrs Din1at
induced to her was introduced 90 h', en,'saa ou'
Sjss him once, wa abou eavog Ms smiths mouse
su person enter 90 whom she in7Oduc@d me S he
luhsI she ssed bin and sad " We ,ne home |
rbpE Thi,is my husband Mites Austin" Nh NTH bowed
head 70 me- but sp,hk SAY him zfter~srt,
spsu of H.yes a. that tine; sh told zoe so ard that
sud ling msioaaTy aud WAS thea abssnti
that and tad never told Ine that was Snua.
Sarah Covert, having been sworn testified IA tol-
sE live Ia hiru Cham street; he amin lived with M
ibout ten or twelve years ago ane months she
going Of her door d7y bat immediate r-tuin-d
s,k,d ne Il LADY rrsdc thrre show ID hi door
nd be went IL om there At soy her hne Mrs
Suh too shs had III ee child aof have ,eea
cree OF hem (Oaesii,n a. 10 shat Oh. told witness about
ai ger ttmsn objected end ~t'hdrawn
CIoseGsniaed-The pisiutia c.led Mrs H,yes when
eiv,d "it me- cannot specify the year 1t "a aba.
tssvr
William Cagser having been sworn, testified: I've
Brooklyn; abut twenty four ye.r' aso resided in Abiay
ane new the Rev Charles smith there At tha time S1min
BY III. name Hayes livins with him tie as use
SPer; bosr'ed there OF thu time should think shout
,,s an AZ Albany and y in Cb.pe street, Tai. vas n1
Ch,pe street; am know that the paod hal auy cou'
Gsn; boy at scho h-n, about we've or iod teen
yeu. and with them; he.e no glrs on
Co.'. H,mned-Nr sm,sh oficaed At thn tins Cath.
e Pe,t al Of the ehuiooe 10 0any aont knos what
tgcf Mrs ayes attended
Chsries ii. Saith. sworn-I am twenty.th years |
se srd shall be twentyour neat May parents were
smith and julia smith ia her sas Catholic
net ard have him ohoisei when was about SIX
u old " - Iakeu TO live Shsssrs Ne~ Lsba Ion
before that have fn' recoec ION OF my 70 her aud
N"siu. him at 10Y moihcfsio Albany and shsh 's" hn
eiwafd Lebanon where h. visited me, reoog-
od him called father al hough d'd not kno~ "hsn
nered the room, whom wNs gl'nt 10 q my VoA
sod myself to i've with The shakers; my SISTER re-
Bout four ye,I my father ne TO see me was tod thH
etd wished t. out not too who II ~as II was
n 70 discover him; when came It) the room inm7'
ss recognized him a. iaher and SAD Row 90 NOl 90
her He laughed ana asked me how did seemed |
steady sni pressed himself satisfied my recognition
him the interview lasted sbout three b. uni he 4sked
II | hktd ny s,uAtion there, adding, thst II would
he would seod and to college |
five dol 10 before he Left sad returned To
SeW Jeb,D spnpss to N7w-i mkt saw aim
out AfterwArd In summer place he
then shat be said before the Shskers;
"a ne 20 them promised send ch)O
ahorwad college, left ths shssers suddenly lSlS,
n1 went to MIR Bar anin A. aal who ed Ar
Lea who a nov IN this CITY, John hsye Ia tbotnet Of mine
nj IN of A the third child then living Wi Mr. Has
I've knew where father and immedstey wrote -
N Al ston ard received On Answer slotns S thu et-
Wa addressed 70 brother and he must have 10 IN avs
EsSsor | remsiued In New Lebanon and chASsed the
sker gS for ordinary clothes. SD moath AiteTsGi
et my fa'her At Canaan Corners, ssta3n on zoe