New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1856-07-26
LAW INTELLIGENCE.
DECISION IN THE DU LUX CASE.

suRROGATEs CoURr-JrLY 2i-Befors A. W. Brad
q, ,b. rUne Atom Of John P Ssre FOX letter,
IN upon he estate Of Jesn.s Da Lux iscsa'sd
This case was argued before the Surrogate on the
18th letp and 2lst dave of January last. The Hs1-
ment was made by Charles o. Conor, esq for the Pdo'
lie Administrator, by John Jay esq.,, for the French
claimants, and by Robert II Sherwood aud r. Ba1I,
esars for the claimant, Ferie Patterson and Est
man Proctors for claimant Ferrie John jay Pfoctor
for French claimants, aud A. B Tappen, Proctor f'r
Public Adm netraior. The Surrogate com nences MS
decision With full review of the evidence taken IN
France by the Commi sion cent ou' as, sumner AZ
abstrsci of which has already been published IN lHE
TRIBUNE. Jeanne icart was born a. fao; on ner
fathers decease wen. to Biert, hule hamiet wnete
be- mother kept tavern and where Jean ne hveI un
m she was nineteen. The testimony taken a; biert
goes To show that she had good reputation so ong az
she liy.dthere that she removed to Mt's soon after
her mothers death in 1885, and that no report OF her
Intercourse or marriage with Valentine ferr,e ever
reach Bert; rumOr OF the 0lrn oil her cniid uav
ing reached Bert until after Jeanue returned nom tue
lifted States. The general ignorance OF bert 10 r.
atcn TO her suf ienty accounts fot the aosenee OF
rpecia r, pute 10 her marriage In Nasal sue iVeo
fun 1896 to l79s his village il but fur miles fro
Ri.rt and then contained a thousand inhabitan
Two wltnesses here testify TO her lLtnFy Win one
Espaenac and enc Of them says thar she "a son "
him; bis te tin oDy however contradets itsei sod al
the Other wtpess e concur in ndorng her character.
In 1898 when Jeanne twenty one she went I'd y.
Girors 10 live as domestic IN the f.muy OF NJ Anere,
and two eaTs afterwsrd her son was born. iu tue
next bouse lived Bath szar Ferre. tanner whose
son vaettin became attached TO Jeanne
their love was mutual they yielded to its
impulse and became the parects OF the ch,id VINO
now, after the lapse OF hfty'six years, chains .ne
succf ssion Of his mothers estate. jerome 'lc,or
F.rie son Of a cousin of Vaentio was born IN 1915
vet he speaks very freely Of events which occurred be-
tore be was born and 1t Is principally since the defth
of the applicants mother that he has heard ne was
ileghimate. Other testimony OF the sane knd rs
ouie as loose. Witnesses born in 800 swear 10 an
sconantance with Jeanne before she came 10 the
lifted States wi ch was in 1906. The testimony OF
Sidal which is circumstania and that OF nargot Ls
bat Galai go to show that aientiL's father was
ye,y much opposed TO his marrying Jeanne; thst tue
character Of both 30 far other people wee con-
ceJped was irreproachabe; that anne 81 a son oy
him. which was born at the house OF Mr.. benoL, ana
cent to next morning. that Jeanne made the
bargain and psid the nurse, and taAt ilenun hved
with her as her husband for some time before aud alter
the birth of this ch ID Magot knew tbs, they wished
to be married, but whether they ever had been she
could Lot tell. She had heard OF V ientin calling
Jeanne. Jeanne Feuie, and had heard other people
call her Nine Ferrie many time' Tney both went 70
zee the child at nure ana went to Bor1eaat together.
Catbarine, younger sister OF aeI TN fere dep9ses
that Valentin wanteo 10 nsy Jeanne, but tina their
father would not listen to IT, and Valeniin leu the
house and never came back to i've. Their child died
soon after it was born, aud about fifty years dgo they
disarpeart d. she first and he in few days after.
Ribst swears that he isst saw valentin Ferie in Do
cember 1871 and thinks that he head he died In thai
month. This testimony Ia TO great extent unimport-
ant and TO great extent also unreliable II = not to be
expected that in O city OF five thousand INHABITANTS
the marriage of a Young artisan and domestic, CD n
PEELED by poverty to live separately and place their on
spring In the charge of strangers, should leave very
distinct traces after a lapse OF sixty years The
period of their intercourse brief and there was
nothing remarkable 10 it, those who we,e most inter-
ssted in it are gone. Three only of the st. icons
WITNESSES speak as to conteinporaheous facts Dafs,
On acquaintance Of Ferrie, ws SIX years the junior
Of Vslentn, and Gays that Vsltntin never spoke TO
him about biz relations to the child ts mother He
knew she was his bonnie annie, because they went TO
Den together This IL q very insufficient reason for
lnferipg an Illicit connection. Valentine father told
lin that Vale Min sOe leather from him 10 pr0voe
her with money; told him also that jeanne was Vaen.
tins b0nne annie, and that he very ID opposed
to their marriage. Giving the words bonnie anse their
worst sgnifcation there is nothing 10 bis evidence
inconsistent with their marriage in 1900, for doubt
before that period Jeanne Valentn had unls wful
intercourse Several other assertions of this witness
were proved to be unfbunded. Catharine Ferre was
60 young ct the birth Of the chnd-only five years.
old-that it is scarcely worth while to notice her test.
mony. Margot de Gtlai says that she knew
JeaDnes mother when ehs came IN see her at Anetes
and at that time the mother had been buried three or
four years. She gives wrong names and makes mani
feet misstatements. ..... .. .
1t 's obvious to my mind, after careful ex anina-
ton of the evidence that the WITNESSES including the
three now under rev ew, muge in greater less de-
gree information derived frornt hearssy, from fact,
developt 10 this country before tue commission wa,
Issued with their own knowledge aud r, cyilectioos
Although it is difficult if no. impossible TO Distinguish
between these sources, still there are certain prom
pent facts which 1t would be hardly 10 doabt
Here was young mar and an atra tive If not beau
tful won an Of good reputation living 10 en- adjacent
house a. domestic; Valent Fere forms an attach
nent fer Jeanne Icart, which Is reciprucsied. His
parents own upon the affair; but, one of the wit
nesses EXPRESSES il, "there va, wall between them.
that ALL" and their intercourse wss continued.
1ht derred TO marry the father was opposea to It.
ard valertin l bis home and occupied an apartment
with Jeanne. Before their child boru bans of tae
proposed marriage were published. The cnild was
placed a. nuIse, and about year after ward Je ,nne
leaves St. Girops Catherine the sister of Valep,n.
says he occupied chamber with a VIC man who was
"itivant next door, and my father was opposed to
I" this marriage" De Gslai says VaIentIn lived
" with her some time before and rome time after the
aeoucbsment They lived together a. that line an II
"tbey were husband and wife; don't recollec. pre-.
"cissly, but il was over two MONTHS" aad Daft
states, She lived here with man named Ferrie; /
"caIrot recolect how long, Blu. il was one or tw,
"ysars, think" These in suhstauce, are abou. all
the facts Of consequence elected excluding mere bear
say al repute. Catharine Ferrie, IN deay,pg the
mairsge. my possibly express the b, lief OF Ferries
family. DE G,si is igno, ant OF the marriage, but ex
presses no contrary opinion. She states however
That the peOple Of the quarter in which Jeanne HE'D
called Der Nine. Ferne, and she heard NJ. and Mme
Apefe call her by the same name Il Il diffict noon
such state Of aets TO say that the evidence on The
subject ofrepufe Ia satisfactory, either for or sgans
the marriage. ,l
Passing TO 1915 when e. Nine. Du Lax the
mother sgain spoesred a. ST. Groas ard assuusd tie
duties of mate niDy, We ind flesh s.a.emsu.s On the
'uhsct Of reputation AZ she declared that her has
bar knew that this ~as her son. aud placed HIN web
Der cid msstr Acre under the fam " nsme Of be
sther and al the circumstances attending this csse
ire strange and cir gular i, is surpr sing tia.
IIno' should have arisen 81 - bic ,eyiGmacy. Her
isse!on bob 81 iaaeT snd child, aL3 her eairec On