The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1872-08-31

sat Clero listening Win mOrOlQ interest, 0u
incapable Of appreclating right from wrong
Grand, magnificent. even In her insanity
but no longer anything but human wreck.
faE HEROINE OF LAwYER's FOLLY.
Yesterday she made the first official effJrl
to recover q maintenance from the Byrne es.
tate. The poor woman was present In court
have to be removed because of her interrup.
ton of counsel and general disregard Of the
/ dignity of The court. Hall McAlIsster appear.
ed for her. while Judge Campbell appeared
for Mr.. Carpenter, the administrator and
legatee of Mr.. Byrne. Miss Heron was accom-
panied to the room by her brother-ln law, MIR.
Reilly, and her counsel. She showed symp.
toms of great excitement, and 1t was with the
utmost difficulty she could be kept quiet
during the reading of the papers In the case.
She was dressed in a black grenadine, trim
med with white silk piping, and black shawl
thrown over her shoulders like scarf. Her
hair, which is quite grny. was neatly arranged
under black hat and veil.
GOING FOR CONSEQUENTIAL DAMAGES.
Shortly after two o'clock Mr.. McAlisler
| arose and read the petition for relief as fol-
lows:
In the probate Court of the City and County
of San Francisco. State OF California. In the
matter of the estate OF Henry q. Byrne de-
| ceased. The petition of Matilda Heron Byrne
res pectfully shows That She Ia the widow of
said, Henry H. Byrne, deceased; that letters
testamer 'Nry- have been granted therein to
| Edward B. Carpenter, and that an inventory
Of said estate has been returned and filed with
the CLERK of this court; that your petitioner Is
without estate OF her own, and wholly depend
ep. upon the estate OF said deceased for main.
| tenance; that the estate of said deceased is
amply able to provide an allowance to yonr
| lRtltioner for her support to the extent of
| lat, fo 1ao n
| for that purpose. Wnereupon your petitioner
| prays that an allowance out of said eetate to
| said amount OF 5000 per month from the day
| of the death OF the said Henry H. Byrne for
the support OF your petitioner be made by
order of the court. - -
Dated San Francisco, July 10, 1872.
MATILDA HERON BTRNE.
| MCALLISTER & BERGEN, Plaintiffs Attor-
| neys.
NOT THE WIDOW OF HARRY BYRNE.
Judge Cambell arose, and In reply read the
following document During the reading Miss
Heron moved traglcally up to The back OF her
oounsels chair and bent her ear ln eager lis
tening. Two or three times she Interrupted
the reading by sensational CALCULATIONS, and
loud denials Of the facts averred In the affl-
dayit: "-sg
Probate Court of the City and County OF San
Franclsco-In the matter of the Estate OF
Henry d. Byrne, deceased.
And now comes Edward R. Carpenter, exc.
cutor OF the estate of Henry Il. Byrne, de-
ceased, respondent, and answering the petl-
lion filed herein August ], 1872, signed Mati-
da Heron Byrne. He denies generally and
specifically each and every allegation In the
said petition. except the allegation therein
contained, that letters testamentary have been
granted to the said executor, and that an in-
yentory of said estate has been returned and
filed with the clerk of this court. And this
RESPONDENT specifically denies that the said
petitioner Is the widow Of said deceased, or
that she Ia dependent upon the estate OF said
deceased for maintenance, or that The estate
of said deceased Is aole to provide an allow
ance to her for support 10 the extent OF $500
or any other sum, and he denies that this sum
or any part thereof Ia reasonable amount
for that purpose.
THE RYRNE MARRIAGE DISSOLVED.
And for further answer this respondent
saws, on Information and belief, that II the said
petitioner ever was married 10 the said Byrne,
they never lived together as husband and wife,
and that the said petitioner Immediately aban-
doned the said Byrne, and ever afterward
lived separate and apart from him, and out oil
the4fa Of California, In which The said Byrne
continuously resided to the lime ot his death,
and the said petitioner always refused, failed,
and neglected to perform the duties and ooli-
cations of wife tO the said Byrne, and that
during the lifetime of the said Byrne the said
marriage, # 1t ever existed, ceased 10 be In
force or existence, aud that the same was duly
dissolved.
THE sToEPEL MARRIAGE.
That on or about the 9th day of September
1857, the said petitioner intermarrled with one
Robert Stoepel, at the City or New York, then
and still O resident OF said city, and that The
petitioner aud said stoepel publicly lived to-
gether in the said City of New York, and else
Ewhere out OF this State, as husband and vile,
and were commonly and publicly known as
such from the time of their marriage atore-
said; and that the said petitioner bore to the
said Robert Stoppel child, named Helene W.
Stoepel, now living, the Issue OF their said
marriage, and who ts of the age OF about len
years.
And respondent further says that the debts
OF the estate of said Henry Fl. ByrEe are very
large, the mortgage debts aud Judgment liens
amounting TO about 100000, while the other
| debts against the estate Will amount to about
| Sl5,0 900 or $40, ,000 more, exclusive Of the ex-
penses of administration.
| [ Here follows long statement to The effect
that the estate, whenall debis and mortgages
are paid, will leave nothing for the legatees,
let alone Miss Heron
Dated San Francisco, Aug !, 1872.
EDwD. 4. CARPENTER.
| IhE ACEhESS NAMES a SCENE.
Judge Campbell followed up the reading by
| q statement that the administrator fully ex.
| pected TO prove the truth Of every portion of
bis answer to the plaintiffs allegation. They
did not dispute that marriage with Mr..
Byrue had been contracted years ago, but
they did deny that Miss Heron now had any
rights under that ceremony. Miss Heron
\ here interrupted with cry of anguish. She
had abandoned this man only a short time
after her marriage; had always alter ignored
| the marriage, and had married another man
by whom she had had child. II Is therefore
reasonable to suppose that the Blrne mar.
rage had been dissolved. Indeed, we are
able to prove that she considered 1t 80, for In
certain proceedings begun In New York Tor q
dirorce from Mr.. Stoepel-
Miss Heron {excitedly coming forward:)
never was divorced from Sloepel. LETT him
because of his religion. will have justice
| ITO the -ficer who tried to quiet her. 10
| away, sir; will have justice. can get lt.
You have no right, MIR. Campbell, TO throw
| that slur upon me.
Mr.. McAlster. You must keep quiet, MISS
Heron. 1t does no good to behave IN ills
way.
THE MARRIAGE CERTIFICATES.
MIR. Campbell. As I was saying, your Honor,
| In the proceedings Of the Sloepel divorce, ol
which We have copy, Miss Heron distinctly
sWears that the marriage with Mr.. Byrne was
dissolved years ago. But we require time TO
prove all this, and to that cad it will be necps.
| sary to procure commission TO take testl'
mony In New York.
Mr.. McAliister. It makes no manner OF diff
| ference about the Stoepel marriage IN tals