Daily national Republican. (Washington City [D.C.]) 1870-1872, 1872-08-10

ceased.
lFroa u. p ;syss Tslbus., JulJ AL
The case of Mexican BuchananS admins
traitor vs.. Miss Gabrielle Mexican, upon a
citation under the act 81 tho Rsvlaed Stat
utes OF Colorado, page 067, sec. 49, 10 Ap-
pear and answer upon oath before the Pro-
bate Court OF ATapahOe county, as TO certain
United States bonds and other effects of the
interstate, alleged 70 be In her possession, OF
10 have been concealed oF embeEZled by her,
was deliberately argued by Harrison and
Owen for the administrator, aud Hughes and
Morrison TOR Miss Mexican.
Mexican Buchanan died In Denver on the
10Th Of April, 1874, and administration Of
the estate was granted 70 VIM 4. Smith, al
whose Instance this proceeding was had.
Miss Mexican depOsed On oath that she had
no United States bonds or other effects Of
Mr.. Buchanan's, except some play books,
which she was reAdy 10 surrender; that Mr..
Buchanan adopted her a. bis niece IN 1893,
and that from that time until bis death (wIth
the exception OF a short theatrical engage
mept elsewheTe) sue had lived and srsyeled
with him, aud nuraed HIN faithfully during
bis sickness; that be was first Paralyzed m
Norfolk, Va, In February, 1871, fTOtn the
effects OF which he never recovered
She further HwOFe that Mr.. Buchanan had
only three United States bonds (twO OF 81 900
each and one Of $500 when they arrived In
Denver, in December, 1871; that Que OF these
his own use 10 Tho month Of February last;
that the other bond o. that amount be gave
10 her ~ . birthday present on the efth Of
last January; and that the remaining bOud Of
$500 was purchased with her own money, and
belonged 10 her.
She admitted that she told Mrs. Phelps In
Cheyenne that she kept Mr.. BnchanAn's
money, and showed her package which she
carried about her person. but that she did not
tell her II contained u, 900 In United States
bonds, or how much II contained; that she
continued 10 have charge Of his effects
from the time she left Cheyenne, In March,
until hls death. In April.
After the examination of Miss Mexican was
concluded, the counsel for the administrators
asked leave To Introduce other evidence for
the purpose Of cOntradiotIng her, which was
objected 20 by Hughes and Morrison, on the
ground that the answers OF Miss Mexican
were conclusive Of the truth Of what she
stated, and the evidence dluinde WIS mad
mlsslble, hut the court oyerruled this Ohtee-
ton, and admitted the testimony Of other
witnesses.
Mrs. Phelps being then sworn, stated that
she was an actress by profession; that she oc-
cupled the same room with Miss Mexican
during theatrical engagement At Cheyenne,
In the month Of March last, while Mr., Buch-
anan lay sick In Denver; that 10 q ponYersa-
tlOn with Miss Mexican on that op0aslan, she
told her that she Was not obliged 70 play
that Mr.. buchanan Was well provided foTj
that she kept all his money! that she showed
her package which she Kept about her per-
son. and which she said contained 5000 10
United States bonds, besides some mortgages
and other money,
Mr.. Phelps swOre that she told hIm, 10
Cheyenne, that Mr.. BuchanRn's estate WAA
worth about $4,000. ...... ....t
Mr.. MeCaTty, proprietor OF the fremont
house, where NJ. buchanan died, deposed
that on the day after his death Miss Mexican
told him that Mr.. Buchanan's estate WA8
worth from N, 900 " $4,000.
Up0u this evidence, the administrator, by
his attorney, moved tie court for an order
under the statute, requiring the defendant 10
deliver up 10 the admlnlstratOr On 900 OF
United States bonds, OF at least 10 the amount
(giving her credit for The two boads, which
her Own) and In default OF such delivery
that she stand committed until the order was
compiled with. "'
HIS honor, Judge Clough, decided that the
evidence was not sufficient TO warrant sum
mary commitment under the statute; that
the fact rs well as rights OF the parties ~ 70
these bonds, would have 10 be llugated and
determined 10 different forum, aud that ID
this proceeding he could only give Judgment
(as he did for the books OF the deceased,
which were admltled to be In posaeAAion OF
the defendant sH.#
This, we understand, Ia recognized BY the
counsel on both sides 10 be a substantial state
ment OF the case, ~ far as II goes, f..rI
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