Evening star. [volume] (Washington, D.C.) 1854-1972, 1861-09-30

sent In before II o'clock n; Otherwise they may
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TIE BARxxT CASE BEFORE rHx Orphans
COURr, J5DsR PURcELL. - Sasrrday's Proceed
Fsndall said he would prefer moi to have the chill
dren examined publicly, and suggested that they
be examined privately, under the authority Of the
Court, a IL enstomary In the Court Of Chancerv.
The Court announced that 10 would not permit
the little girl (Hebe @ } 10 be sworn, on account
Of her tender years. The examination Of the other
children must be proceeded with In the usual
Mr.. Davidge said 10 was rather late In the day
for his friends the other side 20 shuu publicity
Matters had already been published to the world
cOa hss ruled os iss
has been given 70 the case could be given TO 10.
IL he (Mr. d. } consented to private examination
Of The children, u might be sdjudged as an ed-
yestigation, and deiied the other side to sustain
the charges
Sar,ssl CAass Barney (oldest son Of Lieutenant
Barney was sworn by the deputy marshal.
Examination by the Cout.-aas been sworn
before; knows the nature OF false oath
Mr.. Dayidge begged counsel, on account Of tbs
tender years Of the witness, not to put leading
Mr.. Linton wanted former deposition read to
witness, TO refresh his memury.
Mr.. Davidge objected.
The Court sustained the objection.
Examination continued.-Win be thirteen years
old the lsth Of October next; lived Ave years in
Paris.
Mr. LIn.on.-nstate what occurred during your
residence In Paris, In relation to your fathers
conduct
Witness said, as his memory was bad, he pre-
ferred not to give continuous statement, but to
answer such questions as were put to him.
Examination continued His fathers conduct
Tin Paris) was bad struck witness mother and
witness, and got drunk; threatened to kill them;
threatened TO cut all their throats and then cut his
own. Witness was born In Washington; lived
here seven years before he moved away; moved to
Paris with bis mother In 1856; don't know what
time.
Witness thea went on to testify al to the streets
they lived In there, after which he proceeded
that the general conduct Of his father not very
good while be lived in Paris; he treated witness
and the other children bad; whipped witness II
he didn't do anything for him; be would come
home at u O'Clock At night and whip witness for
that; he was once drunk ell the week. IN the Rue
d'Augouleme; he was sometimes drunk for q
week, and would then stop; would afterwards
stay about a month without drinking, and would
then commence again; all the time he lived In
the influence Of liquor, was very bad; showed ID
bv striking witness mother In his (witness')
presence, In the Rue d'Augoulems and the r ne
Chaeuoriand; he was badat such times against
witness, bot not 80 against witness brother and
sisters, but would make them get up at l O'Clock;
sometimes att.
His (Mr. Barneys) conduct to the other children
wss not very good when under the influence Of
liquor; showed IL by making them get up, and
wouldn't let them sleep mig ht that was the case
whenever he came home drunk; their father (Mr
B. did not live with them all the time.
Mt. Davidge.-'Is that evidence o. miscon-
ducti"
Mr.. Fendall-" Certainly, to show that he left
them.'
Mr.. Davidge said that question was before the
court yesterday. There is nothing in the specI-
hcatiOns Of desertion.
MI. Pendan commended II was proper for him to
show that as improper conduct.
Mr. Davidge said the question was settled yes
terdsy. He had looked Into the specifications to
md this charge Of desertion and abandonment,
Mr.. FendalI didn't know and didn't care IL II
was In the petition not. He was proceeding
en- the general principle to show improper con-
duct.
Mr.. Davidgs said Il so happened that the Court
did care IL the gentleman did not, and had settled
the question Yesterday.
After further argument, the Court sustained
Nj. Davldgefs objection.
Mr.. Fendall TO witness )-"Who had charge
Of your education In Pars'n
Mr.. Davidge objected; and after argument the
Court sustained the objection
Examination continued:-witnessk knows Alex
andrine Parfait she lived in mothers family
about three years; witness lived In Paris since his
mothers death; under Mr.. Bonnefous at school,
sometimes Mr. Bonnefous and sometimes Mr. De
Longchamp provided clothing; returned to the
United states early this month, under charge Of
Mr.. Phillips; was not In the custody Of Mr. + all
the time, until he came to Washington; was
sometimes In the custody Of his father; left the
Mr.. Davidge wanted to know what the gentle
man (Mr. F was after now.
Mr. Fendsll said IL was to show that Mr. Bar
ney bad violated the order Of the Court, and took
Mr.. Davidge objected that this had nothing to
do with the case before the Court. The matter
referred to was between the Court and Mr. Bar
ney, and Mr.. B. had already purged himself Of
the alleged contempt Of Court
The Court sustained the objection Of Mr.. Day-
idge.
member what happened when they lived on T.
street, In Washington don't want his father to
be bis guardian.
CrOss-eXamination:-Wi tness' father and mother
did not live happily In Paris.
Mr.. Fsndsll objected, a. the Court had decided
that the Affairs Of Mr.. and Mrs. B. had nothing
70 DO with The guardianship Of the children now
Mr.. Davidge argued that he was entitled to
show that the husband and wife lived unhappiIy
together, as some palliation for his (Mr. ID 81
eopo9ct, ana 70 snow that when not subjected 10
life. He commended that the habits depended en-
the domestic relations
Cross-eIaminstion continued Witness father
struck bis mother In the Rue d'AngOuleme; that
was not the night she had been to the theater; he
struck her for something about witness bis father
vss drunk when he said be would cut all their
tbroais and his own afterwards; would sometimes
strike witness with his fist, sometimes with bis
open hand, sometimes with q rattan; witness
sometimes required correction, but sometimes his
father whipped him without cause; the night his
father struck his mother IN the Rue dang ouleme
witness was not in bed; Alexsndrine has been
living with the children since they arrived in
Washington; witness's fathes. when sober, was
not kind and snectionate to witness, was partic-
ularly kind 70 Eddy; not as kind to Hebe was
particularly 80 70 Clayomi. Alexandrine never
tslked 70 witness about the since Mrs Phil
lips spoke to her about IL; before that she did;
she did not say his father killed his mother;
spoke generally against him; she did not tell
witness what to testify when he came into court
Witness and the other children were regularly
Instructed In Paris; was In boarding school about
one year and three or four months while his
parents were In America; witness and his brother
went TO the same school before bis mother came
TO America Heoe and Clsyomi did not 90 70
school; Lady instructed witness and his brother
at the house before they went 10 school; Hebe
also he thinks)i were clothed like other children
Of their coalition; had good liable; lived az well
~ other boys and girls In Paris; went to the
Catholic Church sometimes after his mother came
TO Americs; their father, when he was there,
would call them together on Sundays and teach
them the Bible; would axe them to the shows In
Paris, 20 the parks on little excursions; witness
knows nothing Of his fathers habits for the last
Is months, don't want bis father 10 be his guar
dian because witness thinks he II an unit man,
for what he has done; his father and mother