The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-06-05
A FREAK OF FORTUNE.

Growing to Manhood I'm Ignorance OF
Ones Percentage to Have the Secret
Come Out at Last-Curious Case of an
Adopted Child, with Its Attendan
Revelations.
singular case came TO trial yesterday before
Judge Van Brunt holding Supreme Court Circuit,
Divesting the pleadngs OF the cumbrous verbiage
30 uselessy and wearisomey characteristic OF
most legal documents the facts can easily be
grouped into plain and narrative.
Mrs Erie simmons died in 1863, in BROOKLYN
She left two sons, William s. simmons and Peter
J, simmons, and her property in trust to her ex-
ecutors for their benefit. BY the conditions of her
viii each was TO receive onenal the income of the
estate and in case OF the death of either half tn
estate went to his children. In 1851 Peter j. Sim
mons formed the acquaintance OF Cordea Potter
and they lived together as man and wife. He had
his views about marriage and considered that no
ceremonial forms were necessary to give binding
force to the contract A daughter was the fruit Of
this union. At that tine the income OF the prop
valid and could earn but trne, and, in TACT, was
manly dependent on his mother. Crushed by
poverty and with no brghtnng hope for the future.
they gave this daughter lew days after
her birth, to Mr.. E. II. Gibbs, who, with his WIFE,
adopted her. giving her the name OF selma Can.
neld Gibbs. This was in 1852. MIR. Gibbs had no
children and he and his wife ollzed the child and
brought her up with all the care they would their
child The relatives and friends OF Mr.. Gibbs SUP
posed tie same. And thus the girl grew up to
womanhood Meantime, in 1872. Peter J. simmons
died. The only surviving executor OF his mothers
Will was John Eastern, and q final accounting be-
fore the Surrogate became necessary. He knew
tnat his brother had adopted out his daughter 70
Mr.. Gibbs. 1t became incumbent ON him TO cite
her 20 appear before the Surrogate. He gave her
.;selna Canned Simmons, otherwise known as
Selma Garfield Gibbs"
"Wnat does this mean, father Pr asked the young
lady, showing her supposed father the citation
paper.
ut is mistake OF some kind" ne answered, and
he took the paper and said no more about it,
Mr.. ana Mrs. Gibbs were in q most painful al.
lemma. They did not know what to do. They
made inquiries, and found that some $4,000 would
come to Selma. They called on a lawyer. poor
man Is Mr.. Gibbs, being only a dry goods clerk.
~ would sacrifice anything the world,n he
made {E n5EH 3 sr es OF her ''a should be
III wln break my heartn said Mrs. Gibbs, ito
have the veil hfted from her eyes.r
But there was no help for 1t. and 80 the fact was
communicated TO the young lady. But we will not
draw aside the curtain here. 1t was terrible
shock to her. She would rather have remained In
poverty all ner days than have been undeceIved.
The suit is brought by the executor against VII
liam s. simmons and others, ana Is simply brought
TO determine the question OF title to tue property.
And now comes another cruel feature In the case
a s gaana si sa y III asSs e sa Hal 9
and mother were married ten years afterwards,
but their child they claim, Notwithstanding their
years previous, was born out OF wedlock. There
u large array Of counsel employed, ex-Judge
Fullerton and Jonathan Marshall appearing for
the young lady, W. \. and l. v. Lawrence for the
executor, and the Messrs Stcughton for the de-
PENDANTS. The young lady and her real mother
were in court, and the resemblance was striking.
The testimony yesterday went to show how the
father and mother were married by Rev. w. Ii.
Johnson, OF Brooklyn IN 1852 The marriage was
at the mothers special request, although her
husband told her at the time that they were as
truly married In the sight OF God as any form could
make them. Various witnesses testified 10 their
having previously lived together man and vile.
The trlal VIII doubtless occupy several days.