The New York herald., 1877-02-08
DAN MARLEY'S GHOST.
THE STORY or coMIcAL COUNTESS AND A
FANTASTIC LAW sUIT-cURIosIrx SHOP con-
FIDENCxs-wHY A LADY GAVE CHATTEL

MOBI6A6E-QUEEb CONs1DEbAIAoNSs
Ever since tho 'sChristmas Caro' was written Mar
eys ghost has been coming in ono form or another
aud yesterday It showed Itself in OF its phases in
Supreme Court, Chambers In a case which has been
In the courts year without attracting any
particular attention. II is true this Marley was not
Dickens. but he quaint enough to have been the
original Of that famous ghost which gave old scroogc
SO much uneasincss and to have given the novelist
besides many OF tho quaintcst notions IN his deinea'
tions OF the ''Oid Curiosity Shop" People who walked
Broadway ten, niteen twenty years ago VIII oil re-
member Mariey's. II curious place. full of Ian'
tas,,c carvings brought monksh coistcrs while
here and there stood distorted nsures IN CHINA anu
wood and iron and vory tapestry and strange iurni-
ture that might have been designed In dreams TO
this quaint and curious establishment was attracted In
the year 1862 lady who describes herself as "a per-
son OF large and expensive tastes rejoicing at
tho present time the name OF Catherine Nesta En-
nismore Hicks, but also called Catherine Ncsta Hem
ructh Countess Henructh) and Catherine Nestn Ro-
land The Countess, who was British subject with
title unknown peerago OF Great Britain and lrc-
land have had other odd tastes besides those
for furniture and when she TO New York In the
year above mentioned sho brought with her husband
named Major Augusta ROLAND, a Frcnchman, Tor
whose comfort and qualification she spent days and
days at Marey's in Broadway. selecting all sorts OF
odd bits OF furniture Tor the house she had tuken in
Finh avenue.
THE COUNTESS FIRST PURCHASERS
After the Countess had been visiting Mariey's for
awhile she concluded purchase amounting TO
$lO,4 ,419 Al, but sho did not immedia ely remove IT,
The agreement that she 10 have possession OF
tho articles fast as they wero paid ior, but Mr..
Marley subsequently suggested chattcl mortgage aud
turned her all the property which she bad pur-
chased IRON him, taking her obligation for S5S7.
Tn,s according TO the story which the Countess tells
IN her complaint tho beginning Of business
TRANSACTIONS as the quaint tapestry and
strange furniture with which she sought 10
adorn tho home Of Major Auguste ROLAND, ut No.
1893 Fifth avenue. Indeed, II her story Is true, she
seemed for long time TO have had httlo
else 10 do than 10 illustrate TO Mr.. Marley
take his advice in all things necessary TO
mako the Frenchman's home unique. Out of these
first purchases grew many Othcrs, and finally tale OF
woe not less pinntve than II II had been u tac u
love. Tho Countess ignorant OF the people, man.
ners ana customs o. .ne County, ,nn IN ~ncu s sue nad
better informed II was necessary they should
place their confidence somewhere, and they placed
in Marley For years the Countess had an unsbaken
trust IN his integrity and the OF his business
transactons aud Marley according 10 her story, had
control OF her property than she chose
10 exercise berscl She never asked him account,
rcposing the most implicit confidence in him, appar-
emily for no than that he hat sold her
some musty furniture when she iirst camc TO Amer
aud had taken u chaitel mortgage tor IT.
THE Ess STONY.
In her complaint tho Countess tells story that
only Le regarded US extraordinary Her opponents in
TIE say Is fictitious, but It would be none the
less remarkable that account This story shows
either 10 be Marlcy's victim or he Was TO
be hers. II is pIan, however, that she gave him
cLatei mortgage for $751; aud that she continued 10
visit his place aud buy his wares aud owe him more
money In time he oven began 70 advance her loans
upon Jewels and She alleges to transact most of
her business Tor her. He bought her farm in Con.
necticut upon which to reside while he col
ected her rents In New YORK for me furnished house.
which the quaint gems sne had selected from
his quaint shop In some unfortunate disputes be-
tween and her husband-ior even tho lords
OF c0untesscs sometimes quarrel Win their
wives--he rendered her good service, aud the
more she OF Marley the more trust she placed in
HIM Unfortunately this sublime condolences was
rudcy shocked by the discovery OF her wrong: by tho
s,mpie Countess; but, rude as was the shock It's iu
iorco was not ielt once. Ono day she In Mar
icys shop where she was ut all times welcome
tor, when she discovered some Of her own properly
among his curious coecton Inquiry & I~s eclsea me
Marley when he out Of funds during soourn OF
his wiio in England Marley gave the articles back 70
Tor, and SO everything was smooth again.
But that Marley Is dead aud she has his executor
friend who served her well was dcceviug her all the
time The original chattcl mortgage Tor -, oS7 was
She also charges that he Us agent
by conspiracy the sale OF her furniture at auction
ai.er she mad determined TO return 70 England and oy
him that through II he might be a0ie 10 protect
A REMARKABLE SETTLEMENT.
II at this point that the relations between the
tique furniture dealer and the odd Countess
Of e"''' buying n'S distorted nsures in china and
wood iron and ivory. She had quilted
New n"rk as nsr & GasS tsen oi becasss Hd
II. Marley, too, had practically gone out OF the Tan
tastc furniture business. ana US had happened that
during one OF her soourns hero tho Countess bccamo
aware that he was invoking the courts or recovery
upon the mortgage, which she says was gwen for
nothing at all except that Mr. Augustc Holland might
not prove troublesome She resisted, ot course, and
then there conferences, and finally an agreement
by which she gave another mortgage when was 10 be
cancelled as soon as Marley able make tho
at large believe that sho owed him money when she
did not hc was afraid OF being dissraced. sho SAID.
having brought wrongful action IN The courts and
sho agreed to so to the office OF Mr. s. L. NJ Barlow
and sign the mortgage In accordance with tho terms
oi tho following memorandum
Lady heisrncth agree. to pretend .he owes Mr. Marley
Rarows and rIys release against acons BY her at law
.ho the Mr. p Marley him
rom asgracc he HIS OATH In the pAescncc of
Keel her the bonds cancelled aud ali
Marley agrees TO pay III paid Lady
henirueth with all her furniture clothes linen jewels
less in Nil things aud Mr. Mnrsv agrees Lady
overpsd aud rive her back signed at bar
T ~ M Ssr Se SDS The bonds to Sa SXsE
| MAncH 70. 1871.
| THE ACTIONS IN COURT.
| Marley, however, did not fulfil the terms Of this
agreement or what purports To DO agreement, aud
| when he died IN 1872, his executor found among his
assets tho mortgage Tor 700, which the Countess
| had executed in Mr.. Barow's Office. Mr. Robert
Martin, tho executor began u SUIT In tho Supreme
Court this mortgage and he met by action
from the Countess IN which she claimed that there
due her from Marey's estate The large sum OF
$l4l S5l " This action was based upon tue alicga-
tons contained in the foregoing history, aud It
mot by general denial and tho counter allegation that
tho who.e story pure lcton Judgment, how
ever was allowed go against the Countess
by default, and the Judgment, alter having
been affirmed by tho General Term, is now
| again before the Court upon motion tor leave TO
move TO open II, and Judge Lawrence yesterday
granted leave 10 renew The mouon to open tho judg-
rncnt. This gives the new interest," and II re-
ceives additional spco from the allegations Of tho de-
fence. The Countess they say Is IN person Of noto-
riousy ntigious character aud Court Informed
oil ever many for many pounds brought
In ever SO many countries by this noble lady, who
much for law suits as for antique