Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1868-09-06
q LAWSUIT FOR A MILLION.
4 Physician and n Catholic
school the Contestants.

From the Louisville Courier, August IS
One Of the most extraordinary cases On
reeor ia DOW pending before Judge Bruce
in the Circuit Court. The facts connected
Herewith, so far as we have been Rble to
gather them, are as follows:
DIR. Samuel E. Mckinley, son of Judge
Mckinley, formerly Judge of the Su-
preme Court OF the United States, and
United States Judge Of this circuit, was
residing and practising his profession st
New Orleans when that city was captured
by the Federal army. He was retained
as surgeon for the Confederate sick, and
wSs afterwards retained in the United
States service. The doctor married 8
very wealthy heiress, Miss Morrison,
OF Louisiana, by whom he has two chill
Gren, enc boy named James, who is
now with him in st. Louis, and the other
little girl, E. J. Lyon Mckinley, twelve
years OF age. lis wife dying during the
infancy OF the gin, the doctor in 1854
moved to New AlbAuy, Ind, taking
with him his two ehildrsa. About wear
ago last winter he moved to this citv.
where he remained till solae time In
1857, and becoming desirous af going
back to New Orleans, to look aEer his
property left his little daughter 81 the
Ursuline Academy, q Catholic female
school in this city, for education,
sending her, from time to time money
to pay her expenses. Before or
about the time of vacation, the doctor
having moved and established himself il
st. Louis, requested Judge Taylor to send
by Adams Express his little daughter 70
him, the express company agreeing to
undertake the care and custody OF the
child. When Judge Taylor applied for
the cSild 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 .
lien on the child for their money, he sued
out a writ Of habeas corpus before 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 control the
child. This answer was yesterday ad-
judged insufficient, and the respondent
required to state the time and means
by which respondent obtained possession
Of the child that q mere allegation
that the doctor was not her father, was
was no ground for the respondent to retain
ber. 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,
3 printed envelope with the name Of E.
]. Lyon Mckinley, in which her father
had inclosed money to his daughter-this
being the true name. It Is also alleged
that he has letters from the superior call.
ing her his daughter, Lyon.
1t is further said that she has become
Catholic, contrary to her fathers
wishes, who is an Episeopslisn, and that
she will, st her grandsather's death, be-
come the hetress OF more than million
The case coming up yesterday after
noon, and the parties not being ready
for trial, on account of absent witnesses,
il was continued till next Friday at 9
O'Clock am. The court ruled the an
swer Of the responder insufficient and
required her to be more explicit.
This trial will develop some Of the
strangest points of law and fact known
to Jurisprudence.
Judge JEFF Brown and Judge Taylor
are attorneys for Mckinley, and Judge
Burnett and w. G. Rassor for respond
ent.