Evening star. [volume] (Washington, D.C.) 1854-1972, 1861-10-30

may nor appear until the next day.
TIE BARNEY CASE BEFORE THE oRPHAN's
Cou.r, IuDss P IN g.. the meeting Of the
the petitioner (Mr. De Kraff) was present. and
Mr. c: II. wInder and Mr.. Ingle for the respon.
dent, Lieut. Barney.
The respondent offered to show that the domes-
tic relations Of himself and his wife, now de-
ceased, were unhappy In the extreme during
their residence In Paris, and that said unhappy
relations were the natural conseQ uence Of cir
cumstances and rumors which came 10 respon-
dents knowledge, and which affected the honor
Of bis said wife. That In particular her name
was associated with that ~ John B. Wilbor lat
that time attached to the u 8 embassy at Paris,
bat subsequently, dismissed upon the complaint
OF this respondent In such a manner as was cal
cuiated to drive to desperation any man OF ordi'
Mr.. Barneyis counsel said that the respondent
wished tn Offer this matter In evidence an account
conduct in washington, both before and after his
residence In Paris, had been In evidence here.
Mr. FendaT said the Court having already at
The Instance of the contestant Mr. Barney pro-
hihited the petitioner (Mr. DeKraftl nom giving
any evidence to show Mr.. Berney's harsh treat
ment Of his wife, the petitioner now objects to
for that treatment however ,laPderons and 9p.
founded he may believe the pretended explana-
lions to be. We were ready at the outset Of the
case (Mr. Fendall continued) 10 20 into II and
allow the counsel on the other side to rebuff, but
the Court ruled IL out and now, when the case Is
almost closed, the gentlemen want to bring 1t In.
This was another appeal to outside influence.
The point vas argued at some length by MIR.
Winder and Mr.. Ingle for the respondent. and
Mr. Fendal for the petitioner. In the course Of
Mr !ngleS argument, he spoke Of the interference
OF strangers to disturb the natural relation Of
1afner and children; to which Mr.. Fendall replied
THAT throughout the progress Of this case, the
counsel Tor the contestant had always taken occa-
other SIDE. who are the strangers here' Mr.. De
kraEt was the nearest relation Of Mr. Barney's de-
csdsed wife, and bad, as he ought to have done,
naked 70 have her children placed In proper
Mr.. winder said that Mr. De Krafft was not the
nearest relstion Of Mrs Barney, deceased.
Mr. FendalI asked who was then
Mr.. Winder said Mrs Rothwen was
Mr.. Fendall said IL she was, and did not
choose to interfere in the matter, that reason
Why Mr.. De Krsht should not and that he should
be attacked for doing his duty He (Mr. FendalIl
was willing, however. to withdraw all objection
IL the gentlemen on the other side would allow
CEASED, to her cousin, (Mr. De Kraft,) on the
Mr.. Inele repeated, that bis object wa, to show
p Ma, me cause which once existed to make Mr..
bafnSy dissipated-h he was dissipated no
Logger exists.
The Court said that having ruled out the evil
dence In relation to maltreatment Of Mrs. Barney
by her husband, evidence to show the cause Of
such maltreatment was also inadmissible. The
evidence was therefore ruled out
The documentary evidence thus ruled out in
cludes not only letters from Mrs. Barney to Mr.
Us mother and sister, but also the afadavit Of
the late Minister Mason, asserting the steady and
temperate life of MIR B. In France, and his labors
as bis clerk; also, the review by Judge Block late
U = Attorney General, Of the testimony before
the retiring board Of the navy, and the impropri-
ETY. Of Mr.. B. having been dropped therefrom; also
correspondence, In which Mr. Barney challenges
Wilbor for dishonoring and disturbing the peace
Of bis family. The letters of Mrs Barney run
through the period Of residence In Paris, and in
her husband, their pleasant condition, hopeful
economies, etc and also expresses gratitude at
being beyond the scene Of former pecuniary and
other troubles In this city, &c In one Of the let
tiers to Mn. w oodville, her sister in-law, Mrs b.,
abiding to the restoration Of her husband to the
navy, speaks OF parties concerned against Mr. B
In the present suit, and some Of whom testified
against him before the retiring board, as follows:
Il cannot tell You how much pride and quiet
qualification we enjoy to think Of the triumph
gained In this whole affair | really begin to
think we wicked enough TO exult more In the
annoyance caused by some Of our amiable friends
at home than We are rejoieed at the advantage we
personally derive from the victory have had a.
fourishing card plate ordered. = = had
thought IL advisable TO enclose Of these cards
70 woodruff, Linton, De Krafit, &c, but to spare
them further agony we have determined not to
eHeiaHs notify them that Samuel Chase Barney
really belongs to the navy Of the United States ~
Mr.. lngle said that be was satisfied with the
evidence they had already
Mr.. Fendall replied that he was glad to hear the
gentleman was satisfied with what he had but
sorry TO see him want to bring In other evidence
70 let their letters 60 the record they desired
II they would let the letters In possession Of the
petitioner also GO in
Mr. Ingle asked the Court IL It had decided on
the admisibility Of the record to show the pen
dency Of an appeal from the Iowa decree.
The Court overruled the objections Of Mr. Fem
dali to that document, and 1t was admitted in the
record.
Mr.. Ingle announced the evidence closed on the
part Of the respondent
Mr. Fendan renewed bis offer TO have the letters
fa8 ats afNna
mr.. Ingle said the case was closed.
Mr. Fendall said he bad made the offer before
u was closed, and he was TO understand, then,
that the gentleman declines.
Mr.. Fendan said he had asked for the produc-
ton Of the letters from Lieut. Bsrney's wife to
his mother, (which had prompted the writing Of
which were read In court a week or two since
Mr. lngle said he had no doubt MIR. Davidge
would produce them.
Mr.. Fendall said he proposed to recall Chasey,
10 show that no improper influence had been used
produce any change in his feelings towards his
Mr.. Ingle objected
Objection sustained.
Samuel CLASS Barney (Chasey) was recalled
and examined by the Court and cross-eIamined by
counsel. He testified that on the first occasion he
wss chastised by bis father he had asked permits
sion Of Mr.. Phillips TO 20 to see Mr.. De Kraft
not having been there for three or four days-and
enth and streets, his father met him and told
him to come back, he shouldn't go to De Krafft's,
ana fepeated IL ence or twice. This happened
about month ago, after he (Chasey) had given
his evidence In court He told bis father he had
Mr. Phillips permission to go. Witness then
went back with his father to Mr.. P's to tell him
about 1t. While they were going, witness father
spoke very loud, 30 loud everybody on the street
heard him, and witness was ashamed Of him. He
called witness q little puppy. Witness had to
stay by him like little dog. He boxed witness
on the ears, witness don't recsllect what for
That was on street, not near where witnesses
grandmother lives, and she didn't see IT, His
father asked Eddy 10 tell his grandmother TO
come down, and she came down. Witness
father struck him once on the ear with the open
hand.
Mr.. Ingie asked II the blow was a severe one.
Mr.. Pendall objected.
Mr.. lngle commended he had right to ask the
question, and said he had had enough Of these
interuptions-he would stand Il no longer (fe
ChsseyD "Did your father slap you severely!n
Witness.-"A slap 10 never sevsren
MIR. Ingle.-"Then l understand 1t was md
severe"
witness.-"No, sir, II was not severe"
short discussion ensued, in which all the