The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-08-07
THE COUNTESS HEINREUCTH.
STYLED ny JUDGE VAN BRUNT 4 MOST
ACCOMPLISHED KN1yE.
A Suit Said TO have been Made Up OF Falsi-
ned Accounts and Periuries-The End Of
suit AgaInst u Dend Nam. E.tate.

n suit Against u Dead Mans Estate.
In the suit of Catherine Nesta Ennsmore
Hicks. the Countess Heinructh." against the
estate OF Daniel Marley. deceased. Judge Van
Brunt rendered an opinion yesterday. covering
sixty-eght pages OF legal cap. dismissing the
complaint This decision recalls the remark
able story that the Countess " narrated In her
original before Judge Lawrence. She averrcd
that she came to this country in 1862 Il stranger
entirely ignorant Of manners. customs. and
laws. and that her husband. MAJOR August
Ralland. Frenchman. who came with her was
similarly unsophstcatcd. Her ignorance OK
tended to her own affairs. for agents had always
managed her money matters. and she was en-
tircly ignorant OF accounts Daniel Marley. the
wcll-known Broadway dealer in rare works OF
art sho further averred became acquainted
with her. and artfully took advantage OF her
innocence. She soon became indebted to him
in the sum of s101l4 for furniture and other
articles for the elegant mansion at 1898 Fifth
avenue, and the goods were stored by
him until she should furnish this resi-
dence with them. She told him OF the
peculiar status OF her affairs abroad.
and he stored her purchases while she was in
England in the summers Of 1869 and 1868. and
permitted her 10 take away u portion OF the
goods after her return when she paid him in
stallments of the sum OF her indebtedness.
Eventually she took away everything she had
bought and IN return gave Marley mortgage
for g. .js7. She believed then that she owed
this sum. but has since come To think that he
presented falsied hill of items. She con
tnued To pay Marley in installments. and he,
knowing by her expensive course of living that
she ight be temporarily embarrassed. lent her
o qgSR Sg Part = hsT psG sps ~ eges ,esc Ihs
ablcs. and Marley pretended that IA large num-
Der OF them had been lost or stolen. =,
In 1854 and 1860. the Countess Hoinructh,
for So she styled herself. quarrellcd with Major
Raland her husband. and went to Marley for
advice and aid. Thus Marley learned that the
Major depended upon the Countess for his lv-
ing. yet he bought Of Marley at ludicrousy low
prices some 81 the very furniture the Countess
Marley said he had purchased the THINGS in
her interest, and would return them. In lsts
sold for her what furniture she did not need in
bands interference she had better give him
In ls6e and $50, while the Countess WIS in
Europe. her husband ran away with another
woman. She returned to settle with Marley.
He. too. proved treacherous refused To- render
any recount. ana presented the pretended mort
gag which he had made out for s25.o1o.
Everything sh" had Marley seized. She "m-
yoyrd counsel. and Marley went privately TO
her and SAID that he had bribcd her counsel 10
abandon her. and It was now in his power to
, harass her. but that il she would publicly pre-
tend that she owed him large sum. and iEn "A
h"nd 10 th9t ,nrci, he would drlter w the
bond cancelled, and pay back 70 her all the
, money h, had wrongfully got from her. Sh"
cnns, med. nni he prepared siatrment show
! INK that hc owed her siU.uuu. Then tn" Cnun-
, tess signed "A bond for sli.IOu, ON which Marley
suei but she was abl. t. produce paper pur-
| porting to bear Marlry's signature showing
! that the bond was only u cover which he was 10
cancel and return, Marley died in 1872. and his
| executor; Robert Martin. sued on the bond. In
! October, 1874, the Countess sued the executor
for 81 700 claimed To- be due her. but the suit
went by, default because she was absent in Eng
| land ia litigation with the Credit Foncier in "a
suit involving SlIJ,OOO.
SO much for the Countesss story.
thai al JUG yan BFaihf NEUTRALITY-SUSPICIOUS.
Honor said:
| most pnpished knaNe The rNaminaunn %, V.~T
cNhNts dl', Loses one N nn u', n s,',e.,ni1lv
pam,d of uIon an inichscnt amt a.tur coun> Ih' re-
when Il VA. onsinalp issued have no. cnea ATE @
uou to the panun testimony l-can,c hsi .Ntn, & ha'
icncs ni, hy her much OF which has been entirely
"' r u n I he n"li remarkable cases that has ever
, ,,," nv, oi'..r,,ion ami Know oi non, IN The
skill wtth which much 90 IN, pr"oi ma ~ u. n ,a' a. ~
account. between the par,'. werr come, tn,d ~cngd
dyicr shows ieyond M, question that mr"lt. w M N'
PERJURY and prepared Mith 50 mpsn en- A., hr' a.
Tis mn.u,ge may rather -truns I" US. ~ co4nec
uon wil M result arrived NJ ~ an, any ,.,e % saI M m n
partial of i a' mairr any paitss I.l w, ria t'''
oi 4 concniena'on oi circumstances plainly d'dnepl
Einr. c"m,iierins the particular facts upon Which
has uN Judgment there l. ONE 'ircnm ,an,t VAt 'au
| forced tf-,lt upon attention. ana uAt wn- ti't u
most every pa,sr which was presented u ur " t.nt
Moon which The tft dli, uut hll"M'u Nv N
| ieiruianis. wastound muulHcd m some r'si''l 'u'
iaif written uNtI. An Nfh-urrs ic paper W Wl'
| with some peculiar hrnwu-h substance, W' uhN l'
ualIs torn oi Without the m,inurandnm lh "ilAi. '
| po.itc the credit claimed msan- lnyir Il 81" i, .'
credit. which are cltmrd winch seem t9 ne M,l ,n,
| tnA winch they not 30 completely suflNuNl u N
1lA hood and forgery would uudouird y. .thAilt., n
| most serious attention hut when nd :" mueh '' VI
laaiuun. ease conceived N lnqutN cnlih" nNl N'u
10 the conclusion that f Mr. Marley wa am. u. We"
not be- able L. Nlon ih'~ apparent iis'f,l.h,.s , al
| think that. beyond amy rrA~nnnhe dnuht ih' " ~
tin. evidence j. made up ~ iainrh rc,nuhn' "' ],
9, rirs and of perjury; aud that the plahhn ma
temttcd under the torm- ol law. u >tAi 'i9ih ".
man estate a large sum OF money with poiuless a.
| skill seldom epuAlled. ,.t. ...,, ~.
The piainul' complaint must he dismissed win COS
and aiit Ntfa allowance az =. 80