Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1869-01-02

Cullu lIOm u thtuUAiC cCuUOl.
The habeas corpus case in the Circuit
Court, for the restoration to her father of
E. J. Lyon Mckinley, little girl twelve
years of age, who is heiress to over q
million of dollars, was to have come up
yesterday, but Judge Bruce being absent,
another day must now be set for its hear
ing. The circumstances of the case, so
far as developed, are ab out as follows:
DR.. Samuel L. Mckinley, son of Judge
Mckinley, formerly Judge of the Su-
preme Court Of the u tied States, and
United States Judge OF this circuit, was
residing and practicing his profession at
New Orleans when that city was captured
by the Federal army. He was retained
as surgeon for the Confederate sick, and
was afterward retained in the United
States service. The Doctor married a
very wealthy heress, Miss Morrison, of
Louisiana, by whom he has two children
one boy named James, who is now
with him in st. Louis, and the other @
little girl named E. J. Lyon Mckinley,
twelve years of age. His wife dying du-
ring the infancy Of the girl, the Doctor,
in 1864. moved TO this city, where he re-
mained till sometime in 1867, and, be-
coming desirous of going back to New
Orleans to look after his property, left
his little daughter at the Ursuline Acad-
emy, a Catholic female school in this city,
for education, sending her from time to
time money to pay her expenses. Be-
fore, or about the time of vacation. the
Doctor, having moved and established
himselfin St.Louis, requested Judge Tay-
lor to send by Adams Express his little
daughter to him, the company agree
ing to undertake the care and custody
of the child. When Judge Taylor applied
for the child the Superior of the Academy
objected to let Der go until her tuition
should be fully paid. The Doctor, 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 lien
on the child for their money, he sued out
a writ of habeas corpus before his honor
Judge Bruce. The Mother 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 ad-
judged insufficient, and the respondent
was required to state the time and the
means by which respondent obtained
possession of the child; that mere alle-
CATION that the Doctor was not her father
was no ground for respondent to retain
her. Another response has been pre-
pared by the Mother Superior, to show
that the child is not the daughter of DR..
Mckinley, and that he is an unfit person
to take care of her. 1t is alleged that the
girl breads even to hear the name Of DR..
Mckinley, and that he was at one time
indicted in Floyd county, Indiana, for
maltreating her. The Doctor is said to
be in St. Louis at this time.
In the City Court yesterday, Common
wealth's Attorney Reason asked for rule
compelling DR.. Mckinley to show cause
why the girl should not be bound out,
and this matter will come up to-day be-
fore Judge Craig.
In the case in the Circuit Court, Judge
JEFF. Brown and G. T.. Taylor are sttor-
neys for Mckinley, and Burnett and
Reason are attorneys for the respondent.
Courier Journal