Evening star. [volume] (Washington, D.C.) 1854-1972, 1861-09-25


Dc be Inserted In the BaLfInoxr Sun are received
At and forwarded from THE STAR omce.
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ORPHASs' CoUkT. YxsTEnpsY The Gxayd,a..
ship Of Ez-Lfsst CAase Barnsy,s ekiLdrsr-Mr
Barney charged rih brutality fotodrds his wife
,ysms sTsasss isi'a,s, ns ssrss, &c 5,Eztrs:
for psbiieafios = A Frssek ,risssss - Almost a
.fgArss fhs eosyf room-Scsns bsfpsss ths Essek
we ss s.d NJ. Barnsy's 1ssta.r-stH nsars a
srsd. re, te.- tbs perhaps known 10 our read
ers that Mr.. Chose Barney was, In 1s47, married
to Wis De krsft. He was at that time lieutea-
ant In NE Navy, and vas "a years old. His bride
was an accomplished Young lady, 16 years old,
and was an orphan, with q considerable fortune
oufchildren-two boys and two girls--were the
syery anhappy one. The parties lived In Paris
II So slieged that Mrs Barney was granted pro-
lection from her husband by French tribunal In
1859, and the time having expired, provisional
decfes Of divorce for SIX months Issued by the
same court In January. 1850, to give Mrs 8. an
%.. II sn. ssp Sy In
court, and died soon Afterwards In New York
city In October. Her cous n, Mr. De Krafft some
time sferwasd applied for the gusrdianship Of
the children. alleging that Mr.. Barney had un-
fitted himself for such guardianship by improper
conduct even IL the divorce was set aside by this
court. IL win be recollected that the Judge Of
the Orphans Court not long since deputed Mr.
Samuel Phillips to proceed to Paris and get the
children, and that be returned to this country
S vii. them "a lev few wes ago Since then they
case has been before the court once or twice, but
for various reasons little progress has been made
In 10.
Yesterday, the parties appeared before Judge
Purcell, Of the Orphans Court. Mr. Barney was
present with his counsel, Mr.. Da vtdge; and Mr.
De KAN with his counsel, Messrs. Linton and
Fendall, Jr. .-.. =
Mr. Barney's mother was there with him, and
Mr. samuel Phillips brought the children into
court, accompanied by the French nurse, who In
also witness The Oldest child, boy, 10 sp-
parently about IL or u years Of age, and the
youngest girl, about or 6. They are all brig ht
handsome, Misunderstanding children, and seem
ity. The oldest boy and the two little girls kept
close TO their French nurse, and would not go
near their father or grandmother, speak to them
Ias yogngsst boy, EDDY, however, kept near bis
tions and to make amusing remarks about persons
In the court room, which brought a smile upon
the face Of his father He also seemed TO be az
tached 10 bis grandmother, frequently whispering
70 her and making remarks on the course Of the
trial.
Mr Linton, In opening the case, eulogiued Mrs.
Barney, and said she had died OF T" mental agony
and the torture inflicted by this animal here, 81
(Mr. b
Mr. Davidge objected to the remarks INDUCED
Mr. Linton said, exciledly, that on account of
'the beastalitY and base turpitude of this rascal
here" (Mr B y he had right to do 1t. Contin-
duct Of Mr.. Barney, and He had
tried to POISON the minds of the children "I am
that boys godfather said Mr.. Linton, pointing
to Eddy" the boy already mentioned, who was
sitting beside his grandmother, Z" and he won't
speak to me"
No, l won't speak to you," said Eddy
promptly, and with no little vim.
Mr. Dayidge repeatedly objected to Mr. Lin.
tens remarks, and the Judge had to insist upon
counsel restraining themselves from anything per-
sonal or offensive
IT..
made some observation about his CLIENT when
Mr.. Linton explained: "Admit the beast that il
all want This base, desestable, hellish creature
only wants the children's property
Mr.. Dayidge, In his opinion, said 10 was the
duty Of the court to protect ugans from personal
insult here within the shadow Of this temple of
said be would take up the papers seriatim and
state his exceptions to them; which he proceeded
to do. He was Interrupted several times by Mr..
Linton; and once e. angry word, passed between
could not hear.
The d ct paper contained two dispositions taken
before Henry Nj. Spencer, the American Consul In
Paris, claiming to snow Mr. Barney's brutality to
The next was the record Of the court in Iowa.
Next, copy Of the nrst paper with other depo-
sitons OF the same tenor, taken before the Amer
lean Consul.
TTbe dispositions In this paper are those of the
French nurse and the children, and are Of char
acteI 50 disgusting that they are totally unfit for
Next three letters from Monsieur de Long
Champ, French attorney, to Mr.. De Kraft
stating the refusal Of Mr.. Barney to provide for
Next, ''what purports to be" 1--WE quote Mr..
Davidge) record of proceedings In two French
courts
Next, correspondence between Mrs Ba,psv and
her husband, and Mrs. Barney ard Mr. De kraft,
At different times, containing among many Others
one letter from Mrs Barney to Mr De Kraft, en-
closing q provisional order Of the French court
one from Mr., Barney TO his wife, enclosing a
scrap Ct Paris gossip from a Newspaper (snp-
posed TO refer 70 Mr.. Wilbur Of the American
Legation, and Mrs. Barney)
Next, power Of attorney authorizing Mr. De
Kraft to sue for divorce
Mr. Davidge excepted to the paper purporting
TO bsa record Of The French court, that 1t was
French seal, an ofieisl certificate, or any marks
TO establish its authenticity. He had on previous
occasions argued against the Iowa decree thai
Mr.: Barney had nevsr been before the court there
70 defend himself, that the six month o residence
Of partiss suing Tor divorce was not complied
with and that the decree was granted on az pa,fs
testimony. To the letters and other papers he
excepted that they wee scraps Of paper Of no
value at all a. evidence IN the case.
He was once or twice Interrupted by Mr. Lin
ton, who aid he had witnesses to prove the ale
cations.
Once Mr.. Davidge remarked that be had his
share Of amiabilitY, but there was limit to Il.
The Court requested Mr. Davidge to state his
exceptions IN writing, which he did.
Mr Davidge urged the Court 10 give decision
on the papers presented, particularly on the de-
cree Of the lowe court, urging IL that was ad-
mitted, the taking Of testimony might by consent
Of counsel be dispensed with.
The Court ruled out the record Of the French
courts because Of II. not being properly authen-
tieated, but reserved decision In the case of the
lows decree.
The Court notified counsel that he was ready to
hear testimony, and Mr.. Linton called 70 the
stand the French nurse. She 10 rather dull look
Ing In repose, but being sworn gave In her testi-
mony In very animated manner, In very imper-
feet English, however. She seemed 10 be much
attached TO the children.
Alsrasdr'ss Payfats, sworn Was born at
Blois, In France; came 10 Paris when a little
girl; am now % years old. Came to reside I'm
Mrs. Barney's family In the month Of October,
1e55. Mrs. B had q nurse for the baby, six
months old. Witness had charge Of Chasey, Ed
dy, and Hebe- saw Mr.. B. drunk most every
day.
fwhen the girl commenced TO give In her tes-
simony, Mr.. Barney stationed himself close to her
right side, touching her, and Mr.. DeKraft In the
same position on her left. Both gentlemen are
somewhat hard Of hearing. At this point In the
testimony those gentlemen exchanged looks not