Evening star. [volume] (Washington, D.C.) 1854-1972, 1861-10-26
TEE BaRNEv CASE BEFORE THE ORpHANs'

,,.v appear until the next Ody.
~ R,Ryxy CASE BEFORE THE ORpHANs,
couRT, JUDGE PURcELL-Yesterday morning
n, Fendall delivered his closing Argument on
hs objection to the record, (ofered by Mr.. Dav-
idge the day before,) showing the tendency Of
.nnsal from the decree Of divorce In Iowa.
The Court reserved decision for the present
NJ CAaS II WiHdsr was called, and testified
that he has known Lieut. =. G.. Barney 1.-THE
,yspondent) nearly all his life and has had oppor-
tnnItes of knowing his habits, and never observed
ANYTHING in his conduct and department to lead
witness 70 even suspect that he was incorporate
man Mr. Barney came to the United States In
ISL to appear before court OF inquiry organized
in consequence OF the action Of the Naval Retiring
Board. His case came before the court, Of which
witness was Judge advocate, and witness saw him
(Mr b every day, and the greater part Of every
day and discovered nothing to induce witness to
believe that be was otherwise than a temperance
man. This was witness PERSONAL observation.
witness then testified as to his intimacy with
Mr. Barney since his return from France In jan
uary 1SsO, and said that on one or two occasions
Ia that period witness has seen him mir. B in
witness office In state OF high mental excite
ment. Witness didn't deem him to be intoxicated
at the time One Of these occasions was the one
. referred to by Mrs. OlSheld in her cross exami-
nation, when (as she stately this court had issued
an order about the payment of a sum o. money TO
be sent to France ~ The benefit Of the children,
but witness did not deem Mr.. b. to be intoxicated,
nor did witness suspect him Of having been drink
ing until witness heard her Mrs O.'s) testimony.
markably temperate man. Witness was never IN
the house Of Mr. b. from the time Of his marriage
until he went TO Paris.
The day after the arrival Of the children here
Mr.. Barney called on witness, and at his (Mr.
r 81 request, witness went with him to see the
children, then at The Marshal's house. Witness
did see them, and had a conversation with all Of
them, particularly with Chasey. In the course
of the conversation with ChaseY he manifested
proper and becoming affection for his father, and
expressed desire to livc with him. When they
Nj nd yvft paho "a
the father and children embraced and caressed
each ether, and the little one, Clayomi had to be
bribed not to accompany them from the house.
Witness visited them after they LEFT the MarshaI's
house, and reHainCd perhaps an hour with them,
aad the same mani festations took place as on the
former CccasiOn-all Of them declaring that they
wanted to live with their father. This was with
In week siter the first interview. The next
time wirfess saw them, the boys were on tie
street In the netghborhOod of Mr.. Davidge's Of
ice. Witness observed a manifest change in the
department Of the eldest, and when witness ques-
toned him about IL, he made no answer and
witness did not persist. The result Of 1t all was
that 1t struck witness that very gratifying feel
Ing Of mutual affection subsisted between the
father and children, which view witness has had
no reason to change, except In the case of Chasey
ChaseY's expression Of desire to live with his
father was n answer to question put to him by
witness, as to what were his feelings towards his
father, and whom he would prefer for his guar
dian. In answer be said he wanted his father
witness was CrCsS-ex mined, but the only adj
ditiOnal facts ELECTED were that he had seen Mr.
Barney drink and had drank with MIN since his
(Mr. 81 return from France; that when he went
70 see the children Mr.. Barney was with him on
both occasions; that II was at Mr.. Barney's re-
quest that witness had a conversation with Chsse
In the back parlOr, alone-Mr. Barney being in
the front; that he (witness) didn't think the little
one expressed any desire TO 90 with her father
she is very timfd and reserved and made no
answer, that Chase gave no reasons why he wanted
his father to be his guardian; that witness never
saw Mr. Barneyi in presence Of his children before
Paris thinkR he (yrit
saw the children before that time.
Mr.. Fendall asked, ''Will you state why II was
that you took Chase aside and conversed with
hlm1''
The witness answered, 81 desired to know the
fact, and II did not strike me as an astonishing
thing that he preferred his father
After the examinatio Of this witness court was
adjourned till this morning.
TIE CASE OF GEN ANDREW PORTER BEFORE
TIE CIRCUIT CoURT TO-DAY-The court met at
the usual hour, when the Judges asked the clerk
IL there bad been any return to the writ issued
against Gen Porter.
The clerk announced there was none
Mr.. Darlington District Attorney rose and
stated that he had been requested by Mr. Phillips
lthe Deputy MarshaD to represent that gentleman
before the court, and IL their Honors would in
dulge him for few moments he would respond
In writing
Accordingly a paper was prepared, with the
affidavit Of Mr.. Phillips, stating that the rule had
not been served because he had been ordered by
the President not to serve ii, and because the
PTtetsge O rae tcTtf or hdbsdS corpus had been
suspended for the present, by order Of the Presi-
dent, in regard 20 soldiers in the army OF the
United States within the District Of Columbia:
and disclaiming all intention to treat with disre
sPect the honorable court and It's orders.
Mr.. Darlington, after reading the answer Of
Court.
The Court asked him in what capacity be Of
fered
Mr.: Darlington replied, as the counsel Of Mr..
Phillips.
The Court 1--WE do not desire to hear YOU,
then, as we do not propose to take any step
against Mr.. Phillips"
Mr. Carrington.-'.Then / am satisfied do
not desire to make an argument when IL is not
necessary TO the vindication of my clientn
The COurt.-''rhe return psesents a grave ones
ton. We desire to hold ii under advfsement for
several days. We will adjourn the court until
Wednesday morning"
FoURTH wARD METROPOLITAN PoLIcE.
Thursday. v. Danniker and John Klien arrested
for profanity, were fined 81 each by Justice Wal.
ter Daniel and Jane Donihue were arrested for
fighting, and taken before Justice Johnson; dis
missed Mary Finn and Ellen Stanton. for like
nense,wPre fined 81 81 each by Justice Barnaclo
T p Dull, peddling without license; fined 500 %
by Justice Walter. w. Edmonson, a blackiny
boy, nghting In the street, gave security for peace
before Justice Dom. William Ellis was charge d
with the larceny Of cap, but proved that he pur.
chased II from another boy for fifteen cents; dis
missed by Justice Dom
Yesterday morning, James Harris was arrested
for peddling shawls without license. hned soO "a
by Justice Walter. Louis Diltmar, for running a
wagon without license, was fined sl6 90; and
Marcus Cohn, for peddling without license. wa.
fined SIS 81, by the same magistrate.
DEATHS OF SoLDIERs.-The following soldiers
died Yesterday:
Corporal John Ray, company A, Thirty third
Pennsylvania regiment, at General Porter's head
quarters
lanes Cooper, Indiana cavalry, at the Patent
Once
w. Mcbride, company ID, Fourth Pennsylvania
reserve, at the Union Hotel.
John Stewart, company F, First Pennsylvania
reserve, was killed by the bursting of a shell at
Prospect Hill, Va.
Edward Bennett, private Of the Fourth regi-
ment McCsll's division, died at the u s. Gen.
ersl Hospital, (Clrcle,) at O'Clock p. m, yester-
day.
Private Clinton Hoyt, comp any r HarIan's
Pennsylvania Cavalry, died yesterday OF typhoid
fever at the Colombian College Hospital
LARCENY CAsEs.-Yesterday, Detective Allen,
nf fhar Al H..