Evening star. [volume] (Washington, D.C.) 1854-1972, 1861-10-04

TIE BARszy CASE BEFORE THE ORPHANS,
CoUEr, JgDs PuRcELL.-Yesterday Lieut. Bar
ney, oy direction Of the Court read his written
solecaons 70 the Mauhal's account, which had
peen nieo a. stated In the Star Of "Wednesday.
Translation Of the decree Of the French court
was brought into this court, from which 10 ap-
PeSred That the payment Of the charges incurred
In France for the support and education of the
children, &c, wa. made condition Of their sur.
render to Deputy Marshal Samuel Phillips, by the
French court; and thereupon the Court overruled
me exceptions 70 said account, and itwas SLOWED.
M J0hn A. LiHton was then sworn for petit
uonef, and testified that he has known Mr.. Bar
ney since 1s47. When witness first made his
Ss w S1s Pa ps s6oM SmP
Intimately then, but knew him up TO 1855 a. well
a. any man In the city, and he (Mr. b. was a
very dissipated man during that time. when
witness lived on street, about two squares rom
where be (Mr. Barney lived-witness then being
asingle man and living with his father-witness
was called up about half past O'Clock one morn
went TO Mr.. Barney's house, and found his wife
and two children In the lower story Of the house.
As witness was entering the door Of the ONCE Mr..
Barney eame In by another door, and witness
asked "Whata are you doing up all night with the
children crying!" Mrs Bafney's face was bruised
black, and shs said her body wus black also.
Mr.. D-v'dge objected 10 the witness stating
ANYTHING about Mrs. Barney.
Objection sustained.
Witness resumed The children had also been
beaten, and were crying, and she (Mrs Barney
said she had fed from the fourth story He (Mr
Il J admitted 10 The mother Mrs Barney) said
she had been kicked and beaten from the fourth
story Into the ONCE ION the first foor) with her
children and be Barney admitted IL. Witness
then said to Mrs Barney, In his (B 81 presence,
that be (witnes') would take Mr.. Barney to the
watch house, heave him into the street, or take
her and the children 10 witnesses own home. He
(Mr- was very drunk, and said to witness,
Are you here to protect this woman and these
children!n Witness answered, "I am"
Mr.. Davidge said this conversation was net at
all interesting.
WITNESS (sotto vOes) There was a double
barreled gun there, and ! recommended him TO
load II and shoot himself
Witness stayed there TIL about S O'Clock; Mr.
Barney went to sleep on the sofa, and Mrs. Barney
and the two children went up stairs, and. witness
sspposes, went to bed; witness then went home
Witness thinks this was In 1855 or SO; thinks 1t
was In September. Witness has never had anv
intercourse with Mr.. Barney since but saw him
repeatedly drunk before The following morning
witness received three notes from his IMr b ,O
brother-in-law, Mr.. Harrington, stati ng that Mrs
Barney proposed to give Mr.. Barney $50 month,
she Mrs } TO keep the children Witness did
not ask any questions to the origin of the diff
Guilty. Saw one Of the children was bruised and
Mrs. Barney was bruised.
Cross-examined MIR. Linton, are your feelings
friendly towards Mr.. Barney!
Witness Il am speaking impartially.
Mr.. Davidge repeated his question
Wines said he not unfriendly towards
him but had never been speaking terms with
him since he whipped his wife and children
Witness had personal d ficuIty with him about
insulting note and witness chastised him He
wrote witness note challenging him, which wit
ness accepted, and he (Mr. then ran away.
Mr.. Davidge objected to witness giving any
details Of the ARRAY in evidence and the objection
was sustained by the Court
The families were on intimate terms previous
10 that, but witness always rang the bell when he
called there. Witness made no complaint against
Mr.. Barney and did not associate with him after
wards, (after that nght.) Witness knows the
children were struck because be saw bruises ON
their face and the mOtheY skatpd in he
Of the children and he (Mr. b did not DENY IT,
Witness went there at 3 o'clock next day to draw
tne articles OF separation and nrstsaw Mrs Barney
in the parlor Mr. Barney came up from the Of
nee and threw his arms around her neck and
asked her TO forgive him. Witness never went
tne,e afterysrd, Presames she forgavs Mr.. b.
spoke 70 either Of them afterwards except to Mr.
Barney on business matters. There was no great
excitement In the house that night She iMrs
Barney was not angry with her husband on that
occasion, but on the contrary manifested Fiction
and witness believes IL be had assailed Mr. Bar
nsy ,he would have come to his rescue. When
street she threw herself between them. Witness
did not see the struggle, and knew nothing Of the
dimculty which eliminated IN this affair. w hen
Mr.. Barney went TO sleep, Mrs. Barney retired
and witness went home. Next day she sent for
witne. by Mr. Harrington (alr BPS brother in
law) as she desired witnesses professional services
TO draw articles OF separation giving Mr. Barney
my dollars month, she to keep the children
Those articles were never executed That was
the last witness ever heard OF IL.
Mr. Fendall, Of counsel for petitioner asked the
Court II the 'lowa record" was In evidence
The Court said il was
Counsel for petitioner then announced their
evidence closed.
nv. James MagHIye sworn for defense Wit
ness nrst met Mr. Barney in 1899, and has known
him since his marriage, Intimately. Witness had
several Interviews with him (Mr b at his own
house, on + street, and has seen him since be re-
turned from Paris TO get his restoration to the
navy, about four years ago-at the latter part Of
Pierces or beginning Of Buchanan's Administra-
tion. Wines don't know that Mr. Barney has
ever visited Washington since his marriage that
witness has not met him, IL witness was himself
Gated In his life, and incapable of doing bust
ness Witness had frequent opportunities In 1855
or SO Of knowing, and on all the occasions wit
ns h s1~ =, nim tMI. b ne was sober Witness
fondled on each other 40 children do with parents
and he seemed very afectionate to his children
There il scarcely week the past year witness has
not met Mr. Barney several times, and never saw
him intoxicated-that Is to say, drunk. Witness
has drank with him, as with other gentlemen,
but discovered nothing Of the effects Of liquor.
Cross examined Witness was In the marine
corps In 1885, Is not certain Of the year Of Mr. Bar
ney's restoration TO the Navy.
Mr. Linton asked him how Mr. Barney lost his
Place In the navy.
Objected to, and objection sustained
MitEess saw Mr.. b. In the presence Of bis own
children, In his own house, In rs or 40, several
times, and once since Did not visit Mr. b q
except on business, az his house on street and
saw him IN the basement generally. Never saw
him suffering from the effects OF liquor. The
cAild witness spoke Of was small at the time wit
0ess saw 10 with Its father, (s49) and was in the
nurses arms
DR.. E. Tucker Blake sworn Has known Mr.
Barney since IS47, to speak to him. Witness nrst
saw Mr.. Barney in Paris, In the early part Of
June, SO. and was intimate with him that month;
saw him almost every daY Witness saw him In
July or September once or twice a week Wit
ness was absent from Paris In August. Witness
dined at Mr.. BarDey's, and would there zee his
wife and children. Mr.. Barney dined with wit
ness 1t different restaurants. Witness never saw
Mr.. Barney drunk at dinner. They drank to-
gether because II 10 customary 10 have wine at
dinner. He (Mr b .)appeared to be fond Of his
children. Eddy seemed to be more around him
than the others. Witness saw the boys with him
frequently; the children appeared to be lively and
happy, and amused themselves by looking at the
sights along the streets They dressed well, and
looked well fed, like other gentlemen's children
Witness then testified as 10 leaving Paris in
October, 1850, In company with Mr. B. and an
other gentleman; their intimacy during the trip
20 Liverpool, and voyage to Philadelphia, and
Mr.. Barney's temperate habits during that time
Gross examined w ould meet Mr. Barney in