The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1877-10-18
A Bit Of Papcr with n Few Figures.


A Bit OF Paper with n Few Figures.
HOW 1T WAS THE MEANS, AFTER TWENTY
YEARS, OF RESTORING TO A WIDOW SS0,0o0.
from the San Francisco Bulletin, October 6th.]
In the Bulletin report Of the Supreme
Court proceedings on Monday last was the
following:
5,33S33-Brown rs. kcrby-Rchearing de-
MED"
These words and figures simply meant tina
Brown had lost $50. 900 and upward, and thai
Mrs. Kcrbv was that much better off in this
worlds goods, and that the long litigation
over the International-lIote property was
at an end. In 1855 Mrs. kerby, then Miss
Stevenson, purchased the international pro-
pcrty, and in the same year went East. she
left her property in the charge OF one
George Brown, who was to act rs hcr agcrl
at n salary. Years rolled on. The hotel,
which was then in the heart OF the city, anu
was the rendezvous OF the fashion and eltte,
became less fashionable as the city grew,
and instead OF being the hoStelry OF the
Brodcricks, Perleys, Terrys, and other lions
OF the day, became Second-class establlsh'
ment in a second-class locality. NcccSsa'
riy, the value Of the property decreased
/
The bill was passed, the commissioners ap'
pointed. and when it was decided that the
avenue should pass through the inter
national property the commissioners al
lowed the owners Of the property fifty
thousand dollars in gold coin tor the
privilege. 1t was about this time that the
agent OF Mrs. Kerby appeared in new role.
In 1873 suit was very quietly entered III
court in Alameda county by George Brown
against Mrs. Kerby. Brown alleged in bis
complaint that he was the owner OF the In
ternational property; that it stood IN Mrs.
kerbv's name simply rs matter OF trust.
He therefore wanted the court to set aside
the trust and decree that he was the owner
Of and entitled to the property.
When Mrs. Kerby, who was then in New
York, received notice Of this action it fell
upon her like thunderbolt. For nearly
twenty years she had not paid the slightest
attention to her property-had left every
thing save few papers in the hands OF her
agent, Brown. These papers had been de-
posted with lawyer in New York named
Smith Barker, and when she inquired for
him she learned that he was dead, and no
trace OF her papers remained. She was,
therefore, without any documentary EVIL
dence to establish her claim, and the result
Nevertheless she came on to this city and
emploved J. G.. Winans and r. Ii. Lloyd to
defend her interests. These gentlemen,
after Il thorough investigation, found that
they were without the least evidence to pre-
sent their case on. All the papers OF Airs.
Kerbv were lost or in the hands OF Brown,
and the course for them to take was not
very clear.
One day Mrs. Kerby remembered Jewel
case she had deposited in one OF the city
banks when she left for New York nearly
twenty wears before. She went to the bank,
presented her receipt, and after some trou-
bic the jcwel-casket was found in the vault
covered with the rust and dust OF years.
Mrs. Kirby opened the box to examine her
Jewels. and rs she did so she noticed small
piece OF papcr attached to the inside OF the
lid. She curiously detached and unfoIded 1t,
and found in pcncil-marks the following
figures: $500, $3.50, 10000, 10000, 10
500"
She could not remember what the figures
meant, and why she should have placed the
paper in the iewel-boX, until after some
thought, when it occurred TO her that IN
1855 the figures had been written on the pa
per BY her agent, Brown, and handed her TO
aid her testimony in certain suit before
the Court OF Sessions in this city. The fig
ures represented the various amounts she
had paid for her property. She told Mr..
Lloyd the incident of the jewel-casc. Hc
questioned her as to the circumstances I'M
der which Brown had given her the figures,
but all that che could remember was that
she had testified in court that they were the
amounts she had paid for the hotel proper
ty, and that Brown had given them to her,
and that they were in his writing.
Her attorneys searched the records OF the
old Court OF Sessions, and were rewarded
by finding q suit in which Brown and Mrs.
Kerby had figured. Messrs. Townsend and
Crane were the respective counsel in the
case, and on inquiry at their oflcest A1r.
LLOYD ascertained that they remembered the
action well, and had even Kept their notes
of the evidence. In these notes it appeared
Mrs. kerby had testified to the very figures
found on the sheet OF paper in the jewel
box, and that Brown had sworn that he had
no interest, directly or indirectly, in the In
ternational property, but was simply the
agent of Mrs. Kerby. This clue led to
other evidence, and when the case was tried
in October, 1874, Judge Wheeler rendered
decision in favor OF the lady. Brown ap-
pealed to the Supreme Court, and the !udg-
ment OF the lower court was affirmed.
Brown then moved for a rehearing, which
was denied last Monday.
This finally settles the matter, and on
Wednesday Mrs. Kerby was placed in pos
session OF her property, the $50, 900 awarded
by the avenue commissioners, and some
$50, 900 rents that have accrued during the
litigation. Messrs. Winans and Lloyd both
attribute the victory to the piece OF paper
found in the iewel-boX, and to Mrs. kerby
it will ever be a SOUVENIR Of pleasant men,
ory.. .....