Evening star. [volume] (Washington, D.C.) 1854-1972, 1862-03-22
LOCAL NENS.
AnusxMxNfs To NIssf.


Aubet, In the thrilling melo-drama OF Green
Bushes Miss Olivia, In her " Tamoourne
Dance" The entertainment TO conclude WIN
the Post Of Honor" Ford has eyerytolng In
apple Die order now at his establishment and Is
prepared 20 vary the performances nlRnuy In
style 10 make them constantly interesting.
WASHINGTON THEATER. This evening, the
drama entitled " All that Glitters Is not Gold, /"
in which Mr. Clarke and Miss Susan Denim both
appear After which the farce Of "Smashing-
TONS Coat and the local bit, paul Pry in
Washington Mr.. q. In both pieces.
CANTERBURY HALL.-Thr sixth night OF Per
civaIs new constellation Of beauty, embracing
some Of the finest singers and most graceful dan
GERS in the country. They have drawn crowded
houses through bout the week.
OBJ PILLOWS HALL.-Sanfordf famous opera
troupe continue TO draw. Those who have not
heard the splendid music of this troupe and wit
messed the overpowering fun, ought not TO lose
the present opportunity.
The BARNET ESTATE Before tis Orphans
CoHTf, JEdgs PKrcsH.-This case came mp on
Tuesday, when Mr.. Winder said, that In justice
The report In the RsPNbIieas Of this city Of the
proceedings In the h1bsdS corpus case before
Judge Merrick, was erroneous In stating that
Judge Merrick went out Of his way to compli-
ILent Judge Purcell on his selection OF guardian.
Judge Merrick spoke Of the inaccuTacy of the
report, and MI. Barney called at the Republicans
otfce to have It corrected. He (B) stated that
the local editor OF that paper said to him that the
report Of the case was furnished by Mr.. Blount.
He (Mr. Winder) only repeated what Mr. Barney
had sIid, and Il was question Of veracity between
the local editor and Mr.. b.
Dr. Harvey Lindsley, through his counsel, Mr.
Blount, fled his answer to the exceptions to bis
account for the collection OF the rents and profits
OF the real estate Of the infant children Of Mary
De Kraft Barney, deceased, fled by :. b. Barney.
He represents
That the frst exception which states that he
" has returned In said account, under oath. as
having collected from Robert I. Marshall $500,
when, In point OF fact, be has collected from him
a. per receipt, 1852 - 10 not true. the only
count which he has verified by oath shows plainly
and distinctly that he has credited the estate with
an aggregate Of 1856 20, received Of the said OBJ
ert J. Marshsll for rent Of the premises occupied
by him.
The replications to the second, third and fourth
exceptions are Of the same nature the answer
20 the nrst showing that DIR. l.. has charged
himself with more, in each case, than II 10 stated
In the exceptions he had given receipts for. DIR.
L. then says:
That the ffth exception which alleges that he
Thas returned as hsv ng receivsd from Mrs.
BIZ rch 80, while his receipts show he received
SOS 10 not true, inasmuch az his receipt show that
he has credited the estate with SOS received at
various times from Mrs. Burch or her husband
and that his receipts to Mrs. Burch will show
that he received $40, ami the reason why the
whole amount IS not credited 10 that he found 1t
necessary 70 distrain for the rent and had to pay
the ofcer 3 for his services, and he credited the
amount he actually received; also, that Mrs.
Burch 10 IN arrears for rent due portion Of last
wear but she alleges that those arrears caused
by the oficious Interference Of Samuel C. Barney
who served a written notice on her not to pay
DIR. L., otherwise she W. uld be liable to paw the
rent O second time.
That the sixth exception, which state. tbs. bic
accounts show that he has only received si3 -
from Anthony Pollok, for the period Of one year
without accounting for the default Of said Pollok
In paying the full amount Of rent due" Is not
true, inasuuch a. the account shows that the said
estate Is credited with an aggregate Of sl2s q
received from the said Pollok.
He says with regard to the seventh exception
that he collected from Chas. Everett the sum Of
s24525 on account Of rent Of the premises occu-
pied by him, Of which SSI belonged to the estate
Of Mrs DeKrsft, formerly Barney) and Is cred
tied In bis account az collector OF her estate and
the residue (Sl64 25) Is credited to the estate Of
the children. That the said Everett is still in
arrers for rent, and the legal remedy for the col
lection Of rent was resorted TO, and that he has
not been able to collect more than the amount
above stated on account Of Everett having entered
the military service.
With regard to the eighth exception, Dr.. l..
gives list OF the property, and states that in
every instance the rent 10 payable monthly, and
that he has set forth the name Of each tenant and
the amount paid by the same, in his account, so
that all persons can at once see the amount he has
received and from whom.
With reference 10 the ninth exception he saws
that the amounts paid by him TO the Marshal
were paid under the order and direction Of the
court and for the amounts so paid he has filed the
receipts Of the Marshal
In relation TO the tenth and last exception he
states that disbursements made by him, under the
Ofucfs duo QcCrccS OF the Court, Wnlc1, ne Qn-
derstood, were made upon the express written
assent Of all parties engaged In the litigation for
the guardianship Of the said children before the
Orphans Court, AID that the inducement for the
making Of said orders or DEGREES, was the fact
which was brought 10 the notice Of the Court,
that the mother Of the children had departed this
life at the city Of New York, on her way to
France, where the children then were, and that
the said children were in a destitute condition In
Paris, subsisting almost entirely upon the bounty
OF strangers, and especially Of the cook Of their
mother, who was In humble circumstances; that
their father, the said samuel C. Barney had failed
90 contribute one cent towards their support; also
that acting as he did In making said disbursements
und0r the positive decree of the Court, he claims
It's protection aud asks that the same may be al
lowed as charged In said accounts sustained as
they are by proper and legal vouchers.
The Clerk Of the Court said that the accounts
a. stated In the replicatiOns just read were veri
fed by the Official record Of the court.
Mr. Joseph AH1iOHy was sworn, and his re-
ceipts examined, when no discrepancy was found
In the account, a. stated by DIR. L.
Ny. StsIHmef- was examined with the same
result
The examination disclosed the fact that D.. l..
had for the rents collected for the month Of Sep
TENDER, 1860, (Ms. Barney died on the 18th day
Of that month"; credited twentY-eight days rent
70 the mothers estate and two days 10 the chill
dreni except In the case Of Joseph Anthony, who
did, on the 9Th day Of that month, pay bis
months rent 10 Dr. Webster Lindsley, Mrs Bar
ney's agent, she being then living.
Mr. windeI said that the rent being due and
ought TO have credited the children with 10.
The Court overruled this exception, and said
that D.. Harvey Lindsley never having received
that uOatn's rent, was not ehargeable with 10.
To this ruling Mr.. Winder excepted.
Mr.. Winder raised the point In reference to
Mr.. SteinmetZs account, that the rent being
payable monthly, not two days, but the whole
month was due TO the children.
oyerruled by the Court, and exception taken
by Mr.. w.
Mr. wInder said that neither Mr.. Davidge nor
himself had examined the accounts. IL was
done by Mr.. Barney. He had time to look no
further Into them to-day
twas suggested by the Court, that the Regis
ter Of Wills (Mr. Kelly being an auditor, the
further examination Of the accounts be entrusted
20 him.
Mr.. Winder assented.
Mr.. Fendall, IT,, counsel for DR.. L., opposed IT,
Two witnesses mad been examined and failed to
prove any discrepancies there was none In DR..
La accounts, and he (Mr. } desired to have
examination proceeded with at once, and clear
DR.. l.. Of the charges broug at against him.
The papers were finally entrusted TO Mr. Kelly,
who will probably be ready to report on saiur.
dry next.