The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-10-18


graves every lawyer originally engaged upon either
side. except one. q. @. Magruder. of the Marlboro
Bar also all OF the Crawford children. except one.
COMMENCEMENT OF A GREAT CONTEST.
In the absence of the will proceedings were com
menced in the Orphans Court for Prince Georges
county, Maryland. january ~. 1860. by Richard 3
Blackburn. for himself and others. by filing petit
ton in said court alleging that he stood IN the rela
ton OF first cousin to said David CRAWFORD and as
such entitled. the next of kin of Unbeatable
blood TO administer said estate In said petition he
also alleged that the younger Crawfords were the lie
gitimate children of one Elizabeth Taylor ana IN
consequence thereof had Unbeatable blood III
them. either of tho said Thomas or David Crawford.
in the promises Thereupon the alleged illeetlmato
Crawford children by their counsel MED an answer
to said petition utterly refutng the matters set
in said petition, aud asserted that they aud they
alone, are the only and genuine heirs az law
aud distributes OF the real and personal estate OF
David Crawford and. SUCH were alone entitled 10
administer thereon Upon the petition and answer
and at the instance and request OF potn parties
issues were framed under the a,reo.oH n,rt ~ ths
phans Court and sent to the Circuit Court ~ Tue
ensuing term. The most important OF saia issues
and the upon which the case was nnaiiy as'er ,
mined WAS sWhether tho said Thomas Crawioro
WAS ever lawfully married to the said Elizabeth lay
lpr either before or after the birth OF said cEli-
drcn % The Court issues were subsequently, by
Appropriate and proper legal proceedings, removed
10 the Circuit Court for Charles county, Md' upon
the affidavit of r. s. Blackburn that ne com1 no. oo
tain fair and impartial trial in Prince Georges
county and at the May term OF said court the case
was tried tho part Of Blackpurn and others oy
Schley and Ex-Governor Pratt of the Baltimore Bar.
The young Crawfords were represented by Judge s.
Marlboro Bar, and Reverdy johnson and Daniel
Clarke of the Baltimore Bar.
BLAcKBURNs vERDICr-AN APPEAL.
After long and tedious trial verdict rem
dered IN taver of Blackburn, Kearney and others,
the Virginia heirs. The case was subsequently ap-
the Court Of Appeals of Maryland. and was by said
Court affirmed in all things and vas sent back with
its records and proceedings to the Orphans Court
Prince Georges county, which thereupon granted
letters of administration to Richard s. Blackburn.
one of the Virginia heirs. blackburn was required
to give bond in double the amount OF personal prop
erty in his hands to be administered, and here
another battle between the legal giants took place.
Nearly all OF the sureies on the bond are residents
of virginia and the young Crawords objected to the
bond-frst on account OF nonresident sureties and
upon several other grounds, among which was the
following :-'That the State of Virginia was ut war
with the authorities OF the United States and
that tho tenure OF property i'll said State was
and Which, ana the sha1 no of Ties
United States had no force" The counsel OF Black
burn thercupon filed an answer to said objection,
alleging that the State OF Virginia had not been re-
leased from her federal obligations by the United
States. and that whether she be III fact or in con-
OF LAW IN OF UM' 2, ne o
will be the it always has been, that OF an in
dependent sovereign State. and that no reasonable
Of the acknowledgement OF the independence of the
Confederate States, some satisfactory provision
would be made between the parties TO the existing
from citizens OF one confederacy to the other re-
spectively. Upon the petition and answer being
argued and submitted the Court held that the sure
ties were sufficient and Blackburn proceeded to adj
minister the personal estate, amounting to nearly
$3O0,O00.
Ejectment suits were then instituted by the young
Crawfords against blackburn. Kearney and others
to recover possession of the large landed estate
which they claimed natural heirs of David; said
suits were afterward abandoned, and suits OF the
aret conrt of Marysnd in Baltimore city Oral
and written testimony enough to cover thousands
Of pages taken. the most important of said tes
timony being that OF Elizabeth Taylor, reputed wife
of Thomas Crawford and mother of the Crawford
children also plaintiffs in this suit. She testified
substantially as follows THAT her intercourse with
Thomas Crawford commenced about thirty years
prior to this time. but not then under
promise Of marriage; at the birth OF her first
christened by Rev. Father Fisiaek French priest,
then pastor of st. Patrck's Church. He had
lengthy conversation with her. ana impressed upon
her the necessity of saving her soul. which she
could not do II she continued to live in sin with
Thomas Crawford, and advised her not to return to
Mr.. Crawford's house. Acting under the advice OF
the priest she sent tor him to come to Washington
and refused to accompany him home unless as his
wife. He asked for time to consider the matter. and
after bordering long time. he ut last consented,
with the positive understanding that the marriage
should be kept profound secret from every one
and particularly his brother David, and on the fol-
lowing Tuesday the marriage wns solemnized by
said priest and that she returned home In the car
TESTIMONY OF THE PRIEST WHO MARRIED HER.
Nearly hundred witnesses were sworn, some of
whom testified that Thomas Crawford addressed her
his vito, others that he called her Miss Besey
upon this testimony the jury decided the case in
favor OF the young Crawfords. An appeal was taken
to the Supreme Court OF the United States upon
ceptons from the ruling Of the Court below and the
Judgment reversed, upon the ground that the mar
rage had not been clearly established and the case
sent back the second time for trial The most inn
portant link in tho chain OF evidence required to
establish the marriage was the record of the mar
riage which could not be found. or the testimony
of the priest who performed the ceremony. But
how to obtain this testimony the question; the
young Crawfords had already expended the most OF
their in defraying the expenses OF this suit
and without this evidence they would certainly lose
their case. The lawyers concluded to furnish the
necessary amount and immediately preceding
the second trial prayed for commission to
Europe to take the testimony of Father Fsiaek; the
petition was granted and after long and tedious
testified to the best OF his knowledge he did marry
Thomas Crawford and Elizabeth Taylor at the time
alleged, &C., which evidence completed the broken
link and thereby established the marriage upon
which the Court for the second time decided the
S case no 10 he Unaed States
and 1t there the second time argued by the most
eminent counsel in the land. and decided in favor of
the young Crawfordf thereby establishing the mar
rage and declaring them to be the legitimate chill
dren Of Thomas Crawford and the heirs at law of
Court the Counsel for ' the Virginia heirs
made motion to have the case continued
until the next term when Daniel Clarke. member
of the Baltimore Bar opposed the motion, and said,
in q very feeling aud eloquent manner, that but one
lawyer besides himself, out of the multitude orgi-
naly engaged, was now awe, anu II continued nc
greatly feared that he would be called upon to
answer the final summons. And, sure enough, a
short time after his remarks, he died suddenly while
engaged in the trial of n at Annapolis, Nd By
this decision concluded the most remarkable
case ever reported. The Virginia heirs are dispos-
sessed of their rightful Inheritance will hereafter
be shown, and. after paying the court. lawyer and
witnesses fees, together with the ravagcs of war
reduced to poverty. The young Crawfords took
possession of their estate it was sold by trustees
under order of the Court to several purchasers who
have built upon and otherwise improved their re
spectve portions little dreaming that the decisions
OF the highest court in the land would ut some
future day be reversed and the long lost Will dis
covered.
DAVID cRAwFoRDs WILL DISCOVERED.
In tho month of March, 1879. John b. Brooke, ono
of the recent counsel for Blackburn and Kearnev
the Virginia heirs, received from unknown source
q large envelope. Upon opening the same he dis
covered q paper, yellow and musty with age. pur
porting be the last will and testament OF David
Crawford. He thought it a joke at first. but con-
cluded bring IL to Marlboro, the county town. to
test the genuineness of tho signature, which was
pronounced by several persons who were acquainted