New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1861-02-21

N. Berger read commenting on certain passages,
the letter written BY the late Prince jerome 10 DIS
nephew. the present Emperor, complaining ust as ne
now called them =" the son and grandson Oh nSe az
erson" the same whom In bis former letters he desg
| mated "a " Madame Bouaparte and III. jerome Napo-
leon Bopsparte had come TO France IN oder 10 throw
doubts on the Legitimacy OF his children LIS inv
marriage and to prepare scandhlons Iiwsus o. .o
o,el ing Of bis will NJ Berger showed there was
no danger whatever Of any rivalry as to succession 70
the crown of France No disputed the leg lhacy
of the children Of tie second marriage ihe present
suit was simply about question OF inhei'ing shae
of the property left by the deceased Pnoe-nothi9g
more. TIE rights Of tho defendants were openly
Acknowledged by bis clients The Princess OF Wur-
tembergs father and uncle may have been deceived,
even setting aside the political circumstances whie ~
attended the marriage but the perfect good faith u
that Princess could not be called in question.
M. Berger entered into legal argument 10 snow
that the uridcal theory Of the counsel on tne otne
side s to the consequences flowing from the defect
previous publication in France Of the marriage Oh
Jerome Bona arte and Mrs Paterson was erroneous,
and thst il did not produce nullity OF the marriage IL
wac meant to Inform the family OF tue parties 10 ap
peal TO all whose consent the Law required III tbe re-
duired consent was not forthcoming was a nuihty
which certain delay would cover and wen the
principal nullty covered vast meant that DEFECT
resulting fIom the want Of the necessary iormai'y
should subsist and not be covered The year whith
elsPses since marriage is brought to the knowledge
Of tue head Of the fam y covers us well the want OF
publication the want Of conrent, and tins opinion
was proved by decision of the Court In the Mayer
case in May, 1913 He examined at length the lmpe-
rial decree Of ventdse, year Hll regulating the maj
rage Of the princes Of the Imperial family That de-
cree il Itself null and of no effect The Senatas-
Consuum OF the year NIL gave him no right on
mari age concluded in lS03. And, moreover, Jerome
Bcnaparte, though brother OF the Emperor, did not
belong to tho Imperial family and as for the Legs,
laton of 1905 aud 1896, it was impossible 1t could
confer the head Of the faulty retroactive power
a union formed by brother who was not called
81 Al ~ fhn
yent6ee was not cOuntersigned by the Secretary oil
Stale, Maret all other derees were. 10 was not IN
serted, the law required, in the BThttn dS Ions,
and III point of fact it merely project Of decree,
aud not decree and could not have the effect 81 law
After dwelling this point q: some length, NJ Ber-
ryer referred % incident mentioned by filnce Ndpo-
leons cuors.l at he first hearing the case ard which
produced the only mantle station OF unre.trAued feel
ing from tie audience duJlDg the day. nj. Allou, the
pfiuces counsel had refeed, in support Of the right
Of tie head Of eigniDg family TO ahnu the clances-
tine marriage Of Of its members, 10 marriage raid
TO have taken place between the Duke OF Berry father
OF toe Count OF Cham bordl during hs emigration IN
England HI the presence OF Tie children Vf The Issue
that marriage AT the moment the Prince was dying
from the wound be received from the dagger Of Douy,l
nj ODers House the night OF the 10th al febru-
any, lez0 When Al. Berger touched tLs point every
one could perceive the deep feeling uuder wbieh tue
great orator bofed His voice, ever clear and meo-
diDu' and audible even In iis lowest tones uembled
with emoti,n. The Duke of Berry, IN tie agony OF
deah summoned his two Legitimate daughters TO his
lie, aud recommended them 10 the Duc!ess, Who
kuelt weering by him. " You have reminded US
yd the orator rising his voice and turning 20 bis
adversary, while the deepest silence prevailed.
You renodee noble couaoc, of Duchess Of
Berfy tue cLdIeB II ts bubands youth eAd
who sid them ou yoars tsye repeated The wordsl CONE
70 as ny sae,sA s,1' ~ t .nss 80 po. Ssp s[
g oih Test viii ard ts,tsns1 Ia which PIaos Jerome 10 got
, s s -. .5 it iS boz. Of Bay oa 10 fSrs i
IL false there Wa no riArlsgs What authority nave You
potd rousnsr', Published In de LS'ge'tde dec Cas- De
de Lao issI ,t. in Loadon the Duke Of
b, whom he bod cden and Gasy yod quite the suihor
ny 81 Dido in Which ',ia thai The Duie Of Berry mar
!. a;sry s foa ssy that tbsfr ar, csTtieae, birth
T-pr eli to LeIdou 70 i'Peet 20. maIIssr registry Of 1870
peg. wanting aud consequently that the .'r, Wa re
moved"
NJ. Berryer .sid. that the chaplain of the FreDch
ehap.l hnd written lin two letters 10 the effect that
tie Chancellor Of the French EDbassy, after having
trrfuly sgched the registry bad not discovered the
slghtesI trace OF marriage oT OF b. psm, ferinaLd
or Brown. lie ADDED thai the is,ry intact, and
that tie pHge ~ had hot been disturbed and aliests
the marriage in 1921 II one William Brown with
certain Dala sally Of Etaples second letter from
the same chap lsiu says:
"Ihs,e su the Chancellor of the French Embsyi he
egc sdvee pat, had no, prohled by the st clear
emn be had sen, In order TO eesiy too hsAy search In
the rgistTy'
After showing that there was no foundation what.
ever for the statement that tho Duke Vi Berry had
married in EuglAud be said:
Nj, orreu has no, b-stad tell you that tbe children
Who w,le hi. ilu,rous origin here this day
ci their rishi' .siiHss should Re IN hi pace 70 re-
reply tAst th,e no hgnsA bng On 4th However hsh he
placed vho would expect fon such cOuaecru
pIoeh Of mi, Mud aHd remit nc to tel you rsy
b-In my and tnih with tie unhappy resemblance
p-rned letter, Lie Of he.c which face NEPoeon ha,
biz brother be would no, have dared 70 cali 10 '
nltatio of NIL
A bur,t Of applause with capping OF hands and
cries of Brayof from the lower end Of the bull fol
lowed ills declaration, delivered as il was in voice
Of thunder and with upiited arm IL lated some min
uiee.
When silence was restored. the presiding Judge or
dered that the Court should be cleared from the third
bench 10 the door. TIE oticers dutyexpelled afew
persons and order, which wac not again interrupted,
soon restored.
NJ. Berryer resumed his argument, Which he con-
cudeI with these words:
My case whole aud entire ] maintain that II Is good
h.s ,sd had in this change In jurisdiction
but ia Cent? nen wnsn Jurisdiction il cha god
th.,e is no longer Justice you our judges who contribute
justice jl, there non. Dat yoaIs IL "a 10 you Sloue sp
peto 700 alone end the opinion cot Of doors however favor
stle that opinion may be to my csuse'
NJ Berryer's speech lasted more than two hours and
a half. When he concluded, the Judges retired for
about quarter Of an houi. AZ 20 clock the hearing
resumed, and the PRECEDING judge called upon NJ.
Allou advocate for Prince Napoleon, 10 reply.
NJ. Allou commenced by stating that the explanations
be had TO offer to the Court should be extremely
cise. In fact n few words would be quite sufficient TO
give true fignihcation To the circumstances under
which the marriage contracted. The opposite
counsel relied the publicity which attended the
rage solemized in the Cathedral OF Baltimore by the
Bishop the parties being young girl OF IL years OF
aye given away by her father IN the presence Of the
French Consul-the bridegroom naval officer Of 20.
The opposite advocate forgot however, the letters Of
~ pihon, the French Consul and Of Admiral william.
They both declared that they repeatedly warned
and the Patterson family of the He