The Milan exchange. (Milan, Gibson County, Tenn.) 1874-1978, 1877-11-01
A Scrap of Evidence Worth
$4,000.

cent date has the following: In the
Bulletin report of the Supreme Court
proceedings on Monday last was the
following: 7
"5,533-Brown vs.. Kerby-Rehearing de-
MED"
These words and figures simply meant
that Brown had lost $4,000 and up
ward, and that Mrs. Kerby was that
much better of in this worlds goods,
and that the long litigation over the In
ternational Hotel property was at an
end. In 1866 Mrs. Kerby, then Miss
Stevenson, purchased the International
property, and the same year went East.
She left her property in charge of one
George Brown, who was to act as her
agent at a salary. Years rolled on.
The hotel, which was then in the heart
of the city, and was the rendezvous OF
the fashion and elite, became less fash |
ionable as the city grew, and instead OF
being the hostelry of the Broderieks,
Perleys, Terrys and other lions OF the
day, became a second-class establish
ment in a second-class locality. Neces-
sarily, the value of the property de-
creased. Then came the Montgomery
Avenue scheme. The bill was passed,
the Commissioners appointed, and when
it was decided that the avenue should
pass throughthe International property,
the Commissioners allowed the owners
of the property $4,000 in gold
coin for the privilege. 1t
was about this time that
the agent of Mrs. Kerby appeared
in a new role. In 1873 suit was quiz
city entered in court in Alameda
County by George Brown, against Mrs.
Kerby. Brown alleged in hiscomplaint
that he was the owner of the Interna-
tional property; that it stood in Mrs.
Kerby's name simply as 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 ac-
ton, it fell upon her like a thunderboit.
For nearly 20 years she had not paid the
slightest attention to her property, hav-
ing left every thing, save few papers,
in the hands of her agent, Brown.
Those papers had been deposited with a
lawyer in New York named Smith Bar
ker, and when she inquired for him she
learned that he was dead, and no trace
of her papers remained. She was, there
fore, without, any documentary evidence
to establish her claim, and the result ap-
peared to be one-of inevitable disaster
Nevertheless she came on to this city
and employed J. C. Winans and r. d.
Lloyd to defend her interests. These
gentlemen, after a. thorough inyestiga'
ton, found that they were without the
least evidence to present their case on
All the papers of Mrs. Kerby were lost
or in the hands of Brown, and the
course for them to take was not very
clear. ''-lH"-
One day Mrs. Kerby remembered :
iewel-case she had deposited in one oil
the city banks when she left New York
nearly 20 years before. She went tC
the bank, presented her receipt, and at
ter some trouble the jewel casket was
found in the vault covered with the rust
and dust of years. Mrs. Kerby opened
the box to examine her jewels, and as
she did so she noticed a small piece OF
paper attached to the inside of the lid.
She curiously detached and unfolded it,
and found in pencil marks the follow
inc figures. "8,500, $3.50, 10000
10000, 10, 5OO."- ~" ~.
She could not remember what the
figures meant, and why she should have
placed the paper in the jewel-box, unit
after some thought, when it occurred tt
her that in 1855 the figures had beer
written on the paper by her agent
Brown, and handed her to aid her testi
mony in a certain suit before the Cour
of Sessions in this city. The figures re
presented the various amounts she hat
paid for her property, She told MIR
LLOYD the incident of the jewel-case. HI
questioned her as to the circumstance:
under which Brown had given her thu
figures, but all that-she could remember
was that she had testified in court tina
they were the amounts she had paid for
the hotel property, and that Brown hae
given them to her, and that they were
in his writing.
Her attorneys searched the records o
the old Court of Sessions, and were re
warded by finding suit in which Brown
and Mrs. Kerby had figured. Messrs
Townsend and Crane were the re
spective counsel in the case, and on in
ouirv at their offices Mr.. Lloyd ascer
tanned that they remembered the actor
well, and had even kept their notes o
the evidence. In these notes it appeared
that Mrs. Kerby had testified to the yer.
figures found on the sheet of paper Il
, the jewel-box, and that Brown hat
sworn that he had no interest, directl,.
or indirectly, in the international prop
|, erty, but was simply the agent of Mrs
Kerby. The clew led to other evidence
and when the case was tried in October
1874, Judge Wheeler rendered Adhesion
in favor of the lady. Brown appeale'
to the Supreme Court and the judgmen
of the lower Court was affirmed. Brow
then moved for rehearing, which wa
denied last Monday. i.ana- 2. IN
This finally settles the matter, and Oh
, Wednesday Mrs. Kerby was placed Il
possession of her property, the $5O,OO'
/ awarded by the Avenue Commissioners
and some $4,000 rents that have &C
, crued during the litigation. Messrs
Winans and Lloyd both attribute th
victory to the piece of paper found i
a. ;o,.,a1 how ond tn Mrs kerbV IL Wi