The New York herald., 1865-02-18
in the sar.ar.o family from tho time Of Charles shs

CSAS' ~
untrue His knowledge Is confined 70 certain period,
however, and that WAS the time when he was alive.
bty exist with any other than the sovereign People
would laugh a. you in Europe you entertained the OPP
p0site idea
O Do you swear that the Count sartario had
not the power to confer this title mes A. No
one can swear TO negative When soldier OF
and was sentenced to be shot for the offence
he soutly maintained that the Virgin Mary had given
him the ring that he was charged with stealing The King
stated the before the Archbishop Of Breslau and
asked him. the highest authority whether IL was
sbe for the Virgin Mary 70 have given the soldier the
ring The Archbishop answered that could prove
such negative fact but very would be inclined to
believe in the truth or the soldiers assertion to where
he got the valuable. Gaughter)
will show you thatI can Suppose DR. Lieber is walking
up Broadway and two meet him. One Of them named
Smith, shoots the doctor through the headthat is posi-
tive. Brown, the other man. did shoot him Is not
that proving negatvef Qaughter.)
Professor Leber-h were to ask the Court TO swear
that It never saw me walking on my hands up Broadway
II could not do matter how strong his Honor might
believe that not that shows you cannot prove
Count Joannes9Well, believe have no more ques-
tions 70 ask you.
4. GEORGE w. CURTIS, RvIDENCE.
George w. Curtis depOscd that he counsellor at
law in Massachusetts, for the as thirty years. had made
criminal law his study and practced in all the courts in
Boston; when indictment sis placed file after
vction with the usual that means that
the government the district attorney may at any time
call the defendant into court and for sentence;
- P'"O ~ Souss ~ AvAO sAAS
FREDERICK KAPP ON NOBILITY AND KNIGHTHooD.
Frederick Kapp deposed that he was lawyer; he was
born in Germany, but had been in this country about
Q Has it ever been your business to examine the laws
Of Europe in reference to the power granting titles Of no
bilty? A. 1t has. E2 gttssA g33
q want to know by whom Knights Of the Golden
Spur are creatcd' A. The Pope OF Rome alone has the
Is it ever bestowed upon those who not of the
Roman Catholic faiths A. don't believe lis
n AZ houA
ferred any order OF nobility upon commonerr A.
should say II was impossible.
O. call your attention the Order Of the Counts
Palatine BY whom was the title conferred2 A. In
former centuries conferred by the German Empe
ror since Charles the Fths time It has not been con-
O State whether the title Of Knight be bestowed
by any other than sovereign power Not since the
peace Of 1916 has been possible for any one to confer
the title OF knighthood except sovereign.
O. Is 1t crime for any TO attempt to confer title
Of nobility without having authority 50 70 DOR A. u Is
O. How long has that been the lawS A. Since 1915
since the Congress Of Paris and Vienna.
@ Do you believe that any one calling himself count
could in the city Of London, create . count A. l
know that several persons have been cheated in that
way. .
Cross examined How long is 1t since you were in
EuropeS A. Some two years ago.
@ We're you there during the late Italian war;
not
You have heard Of the battles Of Soferno and Ma
genta, and the treaty Of villa Francas A. Yes
@ Don't you know THAI after the treaty Of Villa
Franco Francis JoseP emperor Q, IA Fran
chetti, two bankers who assisted him financially in re-
peng the FrenchS A. never heard oft
Are you acquainted with the works OF John Scldenr
A. read them, but have heard them referred TO-
What your opinion in regard TO the character OF
his works upon nobility A. can form no opinion not
Count Joannes-Oh, have now found that passage In
Seden which shows that the sartoro family had sne
power to create the Order Of Counts Palatine Your
Honor will find it on page Soo. Here It is
PROFESSOR DwIGHT's TESTIMONY.
Theodore W. Dwight, Professor Of Municipal Laws,
Golden Spur was conferred upon the Pope tho title is
not regarded any higher than the Knights Bachelor in
England.
ferred9 A. In Germany, by the Emperor and in the
Papal States by the Pope.
O. How is it in regard the Counts Palatines A. In
Charles the Ffth's time there Counts Paatne who
owned extensive territories; also Counts Paatine
who were lawyers Of twenty years standing;
tent who had the power Of appointing notares, &c. !;
Seden says that Counts Palatne had the Of
ferrng distinctions but not outside OF their own coun
try Lord Coke says that foreign count exercise
any power in England, and cannot sue in a court Of
justice except under his name. 4
Q. How long has that been the law in Englandr A.
For two hundred years.
O Could the Order Of the Count Palane be conferred
in the Of the plantY don't think It possible
the power OF comforting these degrees Of nobility the
prcrogative Of sovereign it Is 50 set own by Black
Cross examined-Q' Where was Charles the Fifth
crowned A. Really 1t has slipped my memory.
Count Joanncs-Then will eiucidate to the learned
At Bologna and the Emperor that occasion gave the
family Of Sararo the privilege Of creating Counts Pala
tnea privilege they have exercised to the present day.
Professor Dwight not aware Of the fact.
r. r. BARNUM's RECOLLECTIONs OF THE COUNT.
Phineas Barnum deposed that he had made the sub,
ject Of play bills and announcements study Tor many
O. Please look at this advertisement in the Disi
patch and say whnt you think Of s A. saw il at the
time IL published and under ordinary circumstances
would have supposed that Miss Jones and Mr. Booth
would appear; but in this particular instance did not
@ whyP A. Because l knew the reputation Of Count
Joannes In all my experience went 80 far as to
humbug the people by announcing artists to appear who
really were not intended to be present paughterl
rossexamined-Q What Is your opinion, then, IN re-
gard to this advertisement A. That you wanted the
public to believe that these artists would perform when
you knew they would not Uaughter)
think you have old grudge against me, Mr. Bar
o. Q. Then, en- sir, be gratiied nowy A. am not much
(Roars Of laughter)
O Have you ever acted on the STAGE sirf A. trine.
Q presume you know you in court of justicef ?
A. presume am.
not old grudge between us A. don't rccollect ever
seeing you before and have grudge against you any
more than the child unborn uaughterl
q Did you not In 1S42, while in England endcavor 70
purchase Shaksperes house. so as TO tear II down and
bring 1t To this country to make exhibition Of and was
not the of preventing you from carrying out
your plang A. never attempted anything OF the kind
O. You admit the fact In your books A. The book Will
speak for itself suppose never saw you before, and
Count Jonnos--1 appeal TO the Court for protection.
Mr. Barnum--You know deal in nonstrostes. Q.oud
laughter)
Count Joannes--Then / suppose you would be willing
10 give engagement tomorrow A. don't think
could go any furtherthan the "what Is lt Laughter
Count Joannes-I have nothing more TO ask you
Re-drectThc effect Of such an advertisement as this
II uncontradcted would be highly injurious both 70 the
artists and the manager
q Did you ever hear Of the Count in Londons A. /
q What was his reputation A. As far az l could
learn II was that Of an impostor Uaughter.)
Crossexamined--In what way did you ascertain was
impostorf A. saw you caricatured in Punch AZ
such; got the impression from that and have had no
reason 10 change my opinion since.
O Is Punch not very satrcal paperf A. II is, and
helps the Of justice wonderfully sometimes
q Had you ever the honor Of being in IN A. Ind
O. Then am content 10 be In your company.
Mr. Barnum-And am not Uaughter)
JOHN HANLEy's EvIDENCE.
John Hanley, stage manager at Winter Garden deposcd
that he saw the Counts advertisement and supposed
that Miss Jones aad Mr. Booth would appear; IL was the
duty of the manager at Winter Garden 10 have cor
rection published immediately
williams offer In evidence the certificate OF