The national Republican., 1862-03-17
Orphans' Court.


Before JUDGE Purcstl.l .l-Iu the Orphans Cpapt,
on Saturday, Mr.. winder, counsel for Mr. Bar.
ney ,hearest Of kin u his own children, filed the
following bill Of exceptions to the accounts Of
Dr.. Harvey Lindsey, appointed bv the Orphans
Court a. the guardian Of said children;
0ensrallyto said sccounts an being vague
aud indefinite, failing to show with exactness
the condition 0f said estate, And especially
1st. That the said Harvey Lindsley has re.
turned in said account, under oath. as having
collected from Robert J. Marshall $500, when in
poin! Of @ f.., he has collected from him, as per
"a. -Tnat the said Lindsey has returned as
having collected from Samuel Steinmeiz $272.50,
whereas the receipt to said StenmetZ shows
that he has received $500. .II. Ei.H, yri,
Sd. That the said Lindsey has returned as
having received from Joseph Anthony s247.60
whereas bis receipt to said Anthony shows that
he received $500. "" ...
lth. That the said Lindsey has returned az
having received from - Sage 1854, whereas
his receipt shows payment By Sage of slss.
having received from Mrs. Burch so, while his
receipts show he received t38.
eth. That the accounts Of said Lindsey show
that he has only received $i3.72 from Anthony
Pollok, for the period Of one year, without ac-
counting for tho default Of said Pollok in pay
ing the full Of rent due. .., ...
7th. That the said Lindsey has returned M
having received from Charles Everett only the
sum OF $245, for one year, without accounting
the default OF said Everett for balance Of reni
due by him.
9Th. That the accounts of said Lindsey do
not specify the rate Of rent per annum TO be
paid BY each tenant, nor does II specify the
particular premises occupied by each, all Of
which is necessary for \ strict supervision Of
the accounts OF said Lndsley.
9th. That the accounts OF said Lindsley ex-
hibit the disbursement to the Marshal, for the
use of the children, for four months the sums
Of &573.00, for which no vouchers are returned,
said sum appearing exorbitant for so short a
period.
10th. That the said accounts exhibit large
disbursements under orders or DEGREES of the
Orphans Court, which orders and decrees said
court had no legal authority to make, said court
having decreed that Samuel Chase Barney 10
not the guardian OF his children, the assent Of
said Barney to any decree or order of said
court can give IL no validity II the court was
without legal authority 10 make Il. Execution
IL therefore taken 10 all disbursements In said
accounts made under any such orders or de
crees. WrSDER & DAvIDGE,
for s. g. Barney,
Nearest Of kin TO said children.
Mr.. Blount. counsel for DR.. Lindsley, stated
that he was perfectly familiar with the 40
counts Of DR.. Lindsey, and was prepared to
prove the utter falsity Of the charges preferred
against his client In the bill Of exceptions
There were no discrepancies 10 tho accounts
Of DR.. L., who had credited the children with
every dollar he had received, and that the
sums he had disbursed were for tho benefit Of
the children and the estate, and by order Of the
court.
Judge Purcell was much surprised that the
complainant's counsel should Incorporate among
his exceptions the order issued by the court
commanding DR.. Lindsley 10 defray the expen
ses Of supporting the children while in France
and bringing them TO this country. The order
which WAS issued al the gentleman's own sug
gestion. and /. In his own handwriting-was
consented 10 By all parties. Yet now, as the
decree Of the court interferes with his pur.
pose, he comes forward and declares that the
court has no authority to issue such order or
decree. It WAS 10 very bad taste indeed on the
part Of the gentleman TO object to what he
himself had requested and written.
Mr.. winder acknowledged that he had drawn
up the order, and although he consented 10 the
court had any authority TO issue such an order,
and therefore would not abide by II.
Mr.. Blount said he had no doubt as to the
power Of the court u act as II had In the mat
ter, with or without tho consent Of the parties,
and that at the proper time he would clearly
show Il.
Mr.winder WAS willing to shoulder the rsspou
sibility, and vt the proper time would meet the
gentleman on that issue.
At this iuncture of the proceedings, MIR.
reporter to make n copy Of the bill of exGep.
tons for publication. asked the court TO issue
an order restricting the same until after they
came before the court for argument. He
thought that their publication ut this time was
calculated 70 forestall public opinion. He was
informed that Mr.. Barney had called at one Of
the city newspaper Offices with batch OF man.
uscript which WAS rejected by the editor. II
was not right to publish the exceptions before
they came before the court as part Of its pro-
M. Winder did not know what the object OF
the opposing counsel was In trying to muZzIe
the public press. He "could not see it.u AT
the commencement of this prosecution, he had
asked the court to grant An order prohibiting
the publication Of the evidence in the case. II
was denied by the court then, and he protested
against any such decree being promulgated
now. In reply to the gentleman's allegation
hat his client, Mr.. Barney, had been refused
the publication Of his manuscript, he stated
that he had been informed by one Of the edi-
tors Of the Republican that his opponent (Mr.
Blount) had prepared the report published in
that paper Of the proceedings before Judge
Merrick In the appeal case. MIR. W. thought
that the statement was very unfair one.
I'VE pronounce the statement made by Mr..
pared by any other than ourselves to be untrue.
He did not get such information from any one
with this paper. The person who
gave him such information misinfOrmed him.
IiEP.l
Mr.. Blount very emphaticaly denied having
In the Barney case. The person
who gave the gentleman that information was
guilty Of \ fxlsehOod.
Things began to look stormy, and Judge Pur.
cell WAS obliged to call the gentleman to order,
stating that the case must be conducted with
less feeling betwssn the counsel. Ho refused
10 issue an order restricting the publication of
the proceedings. He had implicit confidence
in the reporters, and WAS sure that they would
DO justice to both parties. He would issue no
order having for It's object the muzzng of the
public press.
ION behalf OF the reportorial corps of the
city, we tender the Judge our hat for the COM
pliment.
After some further wrangling between the
0 ounsel, The case WAS postponed until Tues.
day.
Internal Machines.
DR.. Dove, of this city, has received from his
brother, the gallant commander of one OF the
gunboats in Commodore Foote' 3 fleet, one of the
or mammoth bomb shells, or Internal
with which the rebels had covered
n section Of the bed OF the Mississippi river, and
which were 10 annhilate the Federal fleet,
should II attempt to PISS them. The INA.
chine is between two and three feet In length,
by one foot in diameter, and the ends are Sc