Evening star. [volume] (Washington, D.C.) 1854-1972, 1863-06-30

| repair alley in square 5l5; TO repair alley In
square 81; TO repair nIiey In sqH 20, resp.
! arsding and travelling Third street east, from
| T, street south to Pennsylvania avenue reso-
! Jntion instrUcting the committee on police to
| inouire int the expectancy OF reporting bill
| 70 nroyant boys from jumping or off the
| straat cars. resolution lnStructlng the COM
! ,nittee on wharyes to inquire int the expedi-
| encv OF appointing a barbor master to regulate
| vessels: bill to improve N street from Fifth to
Seyantb street. to set curbstone and lay footway
! on 7, street south, between Seventh and Ninth
streets east. for the relief OF e. ESlin; relating
to the pay Of assessors, lay water main on
! avenue and along l. street to Eleventh.; for
! cleaning and white washing the Western Mar
! ket. resolution for the continuance of the spe-
cial comu.ittee on the Mayors communication
of January II, 1885, in reference to the contract
| for gas.
| water main on II street, from Third to Fifth
! streets west.
| NM g. Wilson moved TO amend by striking
| ont ssFifth" and insert Sixth street.
| Mr. Shepherd moved to insert "and so much
| further as he may deem necessary to give a
! sufficient flow o. wafer Inc Dill as amenoeo
| The chair announced iIessrs. Shepherd, Ruff
and II c. Wilson as the committee on the gas
light contract, and UT barr on the improve
9he chair state, that he had been requested
| 20 INVITE the meIIbers of the Board to assemble
! at the City Hal on the morning of the ith of
j r,Iy to ioin il the celebration OF that day
1d.o " med
THE Gaze OF WILEY rs. BRowN-The trial
OF the issues from the Orphans Court in rela-
ton to tne estate of the late Tiletson F. Brown
was commenced i'll the Circuit Court before
Judce Cartier yesterday.
MI. Smith, on opening the case addressed in
sT-Ostance the jury as follows: You have been
enpannelpd TO try all issue seat to this court
oy the Orphans Court, District of Columbia,
to enable that court TO make distribution of the
assets in the hands OF the administrative of the
estate of Tiletson +. Brown deceased.
The parties 10 this issue are John Wiley and
Emily f., his wife, who claim that the said
Emily is the daughter of the said Tilletson f.
Brown, on the one side, and on the other, Mar
shall Brown. the brother of Tilletson F. Brown,
and Jesse Is. HaW, nephew of I. +. Brown,
who together claim to be entitled to a distribu-
tive share of this estate, the next of kin to
the deceased. Jesse B. Haw having died since
his answer was put in, without leaving iss ue
is not now party to this proceedings and
George Is. Prentice, another nephew, has filed
no Wer, and takes no part in this issue.
Tllletson f. Brown died in this city on the
goth OF December, 1861, and on the 18th of jan
uary, 1862, letters of administration We're grant
ed 10 his widow, Elizabeth Brown. who gave
security, administered upon the effects of the
estate, and has made q final settlement OF her
accounts as administrative, showing balance
III her hands for distribution.
The parties to this suit claim to be entitled to
respective portions of this balance under the
interstate laws of this District. Mrs. Wiley, as
the child and heir, and the other parties as the
next OF kin of the said deceased, and in order
TO enable the Orphans Court to make a proper
distribution of the fund, this issue has been
certified to this court and you have been sworn
? to decide it.
Upon the application of the Orphans Court,
In behalf OF Mrs. Wiley. and the answers of
Marshal Brown and Jesse B. Haw, issues were
framed and certified to this court, and the
questions submitted for adjudication are
1st. Whether the petitioner, Emily J. Wiley,
is the child of TilletsoA +. Brown, deceased.
ID. Whether the said Tilletson F.. Brown was
ever married to the mother Of the said Emily
J. Wiley.
Sd Whether the saidTilletson +. Brown ever
acknowledged the said Emily to be his child.
MT Brent, representing Mrs. Wiley, con-
tend for the affirmative of these issues, and we
propose to show to the court and jury by the
most competent and satisfactory evidence that
Mrs. Wiley is the child of T. +. Brown: that
Mrs. Elizabeth Brown, the mother of Mrs. Wi
ley, was the wife of the said 7. f. Brown, be-
tween whom a contract of marriage existed
prior to the birth OF the said child, though the
formal celebration of the marriage was subse-
quently to the said birth: that 7. + Brown, bo b
before and after the formalitIes of this subse-
Quent marriage, declared that the said Emily
+. Wiley was his child, and that under the law,
as applicable to this case, she is his legitimate
child.
The facts of this case as they will appear IN
evidence, are these: Tilletson +. Brown, who
was the eldest son of the late Jesse Brown, the
original proprietor of Browns Hotel IN this
city, in early life became acquainted with
Elizabeth Phillips, and the intimacy resulted
in reciprocal attachment, and would soon
have been followed by a formal public mar
rage OF the parties but for the opposition to it
on the part OF the father and family of Mr.
Brown. and the fear that the father would dis
inherit HIM if he yentured far to disregard
his wishes as TO consummate q marriage with
Miss Phillips.
The attachment was ardent and sincere, and
strong that s
had a right to do, agreed to assume the relation
OF husband and wife, by a mutual contract en-
tered into between them, prior to cohabtation
as such. and they determined TO live together
privately as man and wife, and wait for an au-
splclous time TO announce their union to the
world, when il could be done without incur
ring the parental dIspleas or the penalties
of disln Inheritance. In pursuance of this con-
tract OF marriage they cOhablted together as
husband and wife, and in due course of time,
as the natural consequence OF that cOhabita-
ton, q child W as born on the 3lSt March, 1885
We shall show you by the testimony of the
physician who officiaied at the accouch ment,
that that chlld is now the plaintiff in th ISIS =,
Emily +. Wiley
The child was always regarded by him as
his daughter, and from her birth was known
by his name. She was sent to school by him,
and all her expenses of boarding and tuition
paid by him. After she became the mother OF
q family, her children were recognized by him
as his grand children. In his conversations
with his friends i'll regard to the disposition oil
MS estate III Tie event OF MS DEAN De declared
his determination to leave what he had TO his
wife and child.
Mr. and Mrs. Brown having lived togeth Fl
pr vately several years as husband and wife
did not deem it essential to go through the
forms of marriage. The law on the subject
is as follows
"And he it enacted, that if any man shall
have one more children by any woman
whom he shall afterwards marry, such chic
or children, If acknowledged by the man, sh al
in virtue OF such marriage and ackno wledge
ment be hereby legitimated and capable in Law
to inherit and transmit inheritance as if born il
wedlock.'
Mr.. Smith addressed the jury at considerable
length, after which a number of witnesses were
examined.
DIR. Condict testified to the birth of the chile
in 1885, and to his being called to attend
Mrs. Brown. "a written statement signed BY
DR. g. was handed to the witness for examina
TOM Witness continued: The body of thu
certificate is in my handwriting; the paper is
to- nS attend her nv first visit was in the latte
part OF 1884 (The signature of T. f. Brown ii