The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1868-09-02

The Louisville Courier Of August 2sth, says (:
One Of the most extraordinary cases on record
is now pending before Judge Bruce in the Circuit
Court. The facts connected herewith, SO far as
we have been able 10 gather them, are as fol-
lows:
DR.. Samuel E. Mckinley, son Of Judge McKin.
ley, formerly Judge Of the Supreme Court Of the
United States and United States Judge Of this cir
cult was residing and practicing his profession at
New Orleans when that city was captured by the
federal army. be was retained az sur geon for the
Confederate sick, and was afterward retained in
the United States service. The doctor married
very wealthy heiress, Miss Morrison, of Louisi-
ana. By whom he has two children, one boy
named James, who Is now with bin in ST. Louis,
and the other q little giri, e. J. Lyon Mckinley,
twelve years OF age. His wife dying during the
infancy OF the girl, the doctor In 1864 moved to
New Albany, Indiana, taking with him his two
children. About q year ago last winter, he moved
TO this city, where be remained till some time in
1867, and becoming DESTROYS of going back TO New
Orleans to look after his property left his little
daughter ct the Ursuline Acsdemy.a Catholic fe.
male 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 re-estsbshed himself in
St Louis. requested Judge Taylor to send by
Adams Express his little daughter to him, the Elk
press Company agreeing to undertake the care
and custody OF the child. 1a
When Judge Taylor applied for the child the
superior OF the academy objected to letting her
60 TIL her tuition should be fully paid. The doc
tsr, on learning this. declared 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 ein on the child FIR their money, he
sued out 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 acade.
my, answering the writ, stated that the girl was
named Lizzie Brown; that she was not the doc
tors daughter that she WIS fifteen years OF age,
fro thstlAs doctor was drunken and unfit to con-
insufficient, and the yesterday adjudged
state the time and the means by which resp0hdeLoo
obtained possession Of the child that a mere al.
legation that the doctor not her father was no
ground for respondent TO retain her. While the
doctor was away, some two weeks ago, il seems
that the superior applied to the county court Co
become her guardian, and exhibited, il is claimed
q printed enyelop with the name of E. ]. Lyon
TO his dsuehter-this being the true name. 1t Is
also alleged he has letters from the superior call
ing her his daughter Lyon.
1t IL further said that she has become Catholic
contrary 70 her fsiher's wishes, who is an Epis-
copslisn, and that she will. at her grandfather's
deatb. become the heiress OF more than a million.
The case coming up yesterday afternoon, and
the parties not being ready for trial account of
absent witnesses, IL was continued till next Friday
at O'Clock A. N. The court ruled the answer Of
the respondent insufficient, and required her to be
more explicit
This trial win develop some of the strangest
points Of law and fact known to jursprudence.
Judge JET. Brown and Judge Taylor are attor-
neys for Mckinley. and Judge Burnett and w. G.
Reascr, Esq, for respondent.