Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1869-01-15
THE sCHoOL-G.RL HEIREss.
Progress OF she Testimony in
ghc Mckinley Case.
A Glimpse at Ihe Oslser side Of
the SfOiy.
A Singular AFFIDAVIT of Judge
E5oEe.
4 ST. Louis AmdaVit as 10 Dr.
Mckinley.

Inc kAklNE uA AEsklAlUiA Al A4lc AlNAAiE
, ley habess corpus case was resume1
/ yesterday afternoon before Judge Bcuc
Of the Circuit Court. The fist Witnes
called was DR.. I. s. Bell, who was tn
lest examined on Monday. The follow
ing statements were made:
TESTIMONY FOR RESPONDENT.
DR.. 7. S. BeH-The girl was sent e
the Widows and Orphans Home be
cause she hsd been totally deserted by
her father. I thought it would be ruin,
Gus fer her to be neglected. Dr.. Oster
loI sF took her 10 the Widows and Or
phans' Home. After the first time |
ssW Or. Mckinley, l never saw him
when be was not under the Influence Oi
liquor or opium. Did net know that
she had been sent to 81. Ursuline until
the Mother Superior asked me if knew
DR.. Mckinley, saying that his child was
being kept at the expense Of the instltu-
tlon. She requested me to write TO the
brother Of the girl at COlum bis, Tenn.
Ia to that time there wss g credit OF on
~ s. on the books OF the Institution.
Never received any answer to the let
ter / wrote the brother. l wrote twice.
GrGgele-Wss slightly acquainted
Hith d.. Mckinley. He came INTO my
store One day ana introduced himself as
q Bureau Doctor he said he felt bad
i and wanted . little brandy and pepper
mint. He came back twice afleCward
and got the same prescription filed.
I subsequently refused to let him hsve
ANYTHING. The last time he was there
! ne was very much uader the influence 0
liquor
J. Rose-Reside in Louisville ; am not
/ personally acquainted With Dr.. McKIn
lev, Saw him In June or August last
! tolerably drunk. l am at the Adams
( Express Cfnce.
CgOss-eraUlfRed- was requested to
! 90 to St. Ursuline Academy for the girl
( by letter from the express agent, 10 send
her on TO ST. LCuis. They told me a.
/ the academy, think, 20 call again. /
I went two or three days after, and gSs
nut of but I don't remember the con-
/ versauon which passed. They tslked
about the tuiIiou fee not being paid.
{ wrote Of this to st. Louis,
Jos. Wdhl-Rssids in Louisville; keep
F the s.. Nicholas bar. Saw Dr.. MCkiu-
( lev lsst summer. He came in one alter
noon very drunk, and asked Tor e drink.
J would not let him have GUyth ng.
Next day ! saw him passing Uy il his
shirt sleeves, 6areheaded, aud with mud
, on his clothes.
TESTIMONY F0R PETITIONER
The counsel for the petitioner read The
following sfsiaaViJs:
AFFIDAVIT OF JUDGE ". 3. H0KE.
W. B. Hoke ststes that some time In
the month Of August, 1868, two ladies in
company with Others, ouo = young girl
about thirteen or fourteen years Old,
called at his laE Cfilce ia Louisville, Ky
The ladies requested that one o. them
should be appointed guardian Of tne Miss,
who gave her name ~ L. Lyon Nc
Kinley. / EeltsFe they stated tnat Miss
Mckinley was over fourteen yesr7 uf ago
ana that she desired TO S=leGt 3 guardian.
When the name Of the all T2s men
toned ! did not understand hsr name
fully, sud asked them to repea5 s. which
they did, and ths3 handed me an en-
velope upon which 1ss printed the name
Of f. J. Lyon McKioley. l asked some
questions las ! always d. when q minor
IS brought before me 70 select gUeTdisn)
and the lsdies exhibited so much Onessi-
ness, and answered ell the questions
without allowing Miss Mckinley to an
swer, that I requested her 10 come in the
back room where CO. Epglish and May
or TOmppert were talking, and 10 the
back room l Asked her about her parents
property, etc. The ladies, or one OF
them. came to tbs middle door Oi the
Office once or twice while We were talk
ing and when ! requested thefA 10 Keep
their seats in the front room. they replied
that they feared Miss Mckinley would
be frightened and not answer any
questions, or some reply Of that kind. l
made the order, allowing one OF the
ladies to quali'y as guardian, and soon
sfterwsrd {. T. Taylor, Esq cslae for
me to go to the courthouse and hear his
objections made against my order GLOW
ing the guardian TO qualify. | went inn
mediRteiy to the cOurt-house, snd in the
Clerks Office fond the two ladies and
young girl and priest.
The ladies claimed to have charge Of
the st. Ursuliue Academy, Louisville,
KY, one a5 Superior and the other Gs
teacher. I received my order appoint
Ing guardian, aud told the parties !
hsd nothing more &c DO with the affair.
The ladies stated to me that she was the
daughter Of Dr.. Mckinley, who had
abandoned his child, sgd they were
taking care Of her, and desiYeG to be
qualified as guardians, IS she would some
time soon be entitled TO small amount
Of property.
/ do not recollect thst they stated the
residence Of the child's father, but !
think they represented him sc wsyfar-
ing man, without home or cares f0J bis
child. When saw the same parties at
the Courthouse and rescinded my order,
they then, during their Argument with
Mr Taylor, claimed to bold the child
because there was balance due for the
child's board, and requested Mr.. Taylor
to pay the board bill. Ar. Taylor re-
piled that DR.. Mckinley would 10 q few
days psy the money.
On Monday, the IL n Of this month, /
go to Frankfort snd expect to remain
all the week, aud cannot be here at this
trial. w. B HOKE,
Judge Of the Ieterson c c.
Subscribed and sworn to before me, by
". y. HOke, the 9Th Of January, 1869
CT. TAYLOR Notary Public.
AFFIDAVIT OF ROBERT d. SUTTON.
Robert D. Sutton, being daily sworn.
on his oath states that ne Is acquainted
with DR.. s +. Mckinley; that ne has
Teen intimately acquainted with him
for the past three months or more that
he has known him by reputation at least
one year that be fully believes him TO
be fit and competent person to have
sole charge and control OF his daughter;
that he believes he Is amply qualified to
raise and educate said child, Es he hGs
witnessed bis daily relations with his
son nov living with him that he knows
his habits Rre regular, sober, and order
ly; that he has neysF seen him intOxl-
Gated, or heard Nf his being 60 that he
is industrious and careful 10 the dis
charge Of his duties, aud he considers
him a gentleman in every respect.
ROBERT u. sUTrOS.
Sworn to and subscribed bgf,re me
this, the 6th day of January, A. d, 1859.
DAVID r. KAIAE, Notary Public.
thereby certify that hsve bsen ac-
quainted With Robert d. Sutton for about
twelve years; that believe him to be
an honest and truthful man that he is
an old Citizsn OF r.. B9nis.
DAVID F. KANE, Notary Public.
Dr.. Doyle was examined as to the at
tendance OF the girl +. J. Lyon McKin-
ley, at Grace Church Sabbath school,
and SIS 20 De. Mcl<inley's attendance at
church. be had seen the d lctor at
church, and had been inforIsed his
daughter attended the Sabbath school.
In answer to question Of Judge Bruce
aa 10 r JbeFt d. SuttoB, the counsel for
the petitioner stated that he was 4 min
lister OF the gospel 10 St. Louis.
The counsel for the respondent pre-
sented letter from New Orleans, and
also one from the Chief OF Police OF 81.
J l,oiliR but these, with s number fub-