The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1868-09-03
A Lawsnls Sor a a1lll,on.

> One 1of Hthe most extraordinary
cases ON record isnow pending before
Judge Bruce, in the Circuit Court.
Tine facts connected Herewith, SO fer
as we have been able to gather them,
are as follows: '' 7I''
DR.. Samuel E. Mckinley, son Of
Judge Mckinley, formerly Judge of
the Supreme COURT OF the U6ited
States, and United States Judge OF
this circuit, was residing and practic.
ing his profession at New Orleans
when that city xes captured by the
Federal army. He was retained as
surgeon for the Confederate sick: and
was afterwards retained in the United
States service. The doctor married
a very wealthy heiress, Miss Morri.
son, OF Louisiana, by whom he has
two children; one a boy named
James, who is now with him in st.
Louis, and the other little girl, E..
j. Lyon Mckinley, twelve years of
age. His wife dying during the in.
fancy of the girl, the doctor, in 1854.
moved to New Albany, Ind, taking
with him his two children. About q
year ago, last winter, he moved to
this city. where he remained till some
time in 1867, and, becoming desirous
of going back to New Orleans to
look after his property, left his little
daughter at the Ursuline Academy, O
Catholic female school in this city.
for education; sending her, from
time to time, money to pay her ex-
penses- Before or about the time of
vacation, the doctor having moved
and established himself in st. Louis,
requested Judge Taylor to send, by
Adams Express, his little daughter to
him; the express company agreeing
to undertake the care and custody of
the child. When Judge Taylor ap-
piled for the child, the superior of
the academy objected to letting her
go till her tuition should be fully
paid. The doctor, on learning this,
declared that he had sent by mail the
full amount, and then came for her
himself. His counsel advising him
that the academy could not retain a
lien on the child for their money, he
sued out writ of habeas corpus be-
fore his Honor Judge Bruce, and
this case, as it happens, is the first
brought before Judge Bruce since
qualifying as our Circuit Judge. The
superior of the academy, answering
the writ, stated that the girl was
named Lizzie Brown; that she was
not the doctors daughter; that she
was fifteen years of age, and that the
doctor was drunken and unfit to con-
troll the child. This answer was,
yesterday, adjudged insufficient, and
the respondent was required to state
the time and the means by which re-
spondent obtained possession of the
child; that mere allegation that the
doctor was not her father was no
ground for the respondent to retain
her. While the doctor was away,
some two weeks ago, it seems that
the superior applied to the County
Court to become her guardian, and
exhibited, it is claimed, q printed
envelope with the name of E. j.
Lyon Mckinley, in which her father
had enclosed money to his daughter
this being the true name. It is also
alleged he has letters from the supe-
rior calling her his daughter, Lyon.
1t is further said that she has be-
come Catholic, contrary to her
fathers wishes. who is an Episcopa-
lian; and that she will, Mt her grand
fathers death, become the heiress of
more than a million.
This trial will develop some of the
strangest points of law and fact
known to jurisprudence.
Louisville Courier, August %.