Evening journal., 1889-10-30
ONE CENT.
A FIGHT FOR A TREASURE
Royalty and the Vatican Both
Take a Hand.
KING LEOPoLD's UNHOLY AvARrCE

with Ten Millions OF Francs-dounded
by the Kings Police and Imprisoned
New YoRK, Oct 30-There came up in
the United States district court today case
which brings out in clear light contest be-
tween the pope OF Rome and Leopold IT.
king OF the Belginns, as to their respective
authority in the appointment Of bishops,
dramatic contest between two bishops, the
flight Of the famous Canon Bernard to this
country with some 81 500, 900 in trust funds,
his kidnapping and return to Belgium, his in
carceraton and, all in all, thrilling ac-
count Of his strong devotion to his eccleaiaa
teal superiors. The case is known as that
Of Leon Bernard against Peter Bowe, ex
sheriff Of this county, and the suit is brought
10 recover so0O,0 which the sheriff turned
over 70 Francois Bourgeois in 1883 The
counsel for Canon Bernard are Wilcox 81
Johns, and for Mr.. Bowe is Charles F, Mac
Lane. The case came up on a demurrer &c
the defendants plea Of statute Of limitations
History of the Case.
Late in the year 1879, Edmond Joseph Du
mont, bishop of Cousna, Belgium, was sue
ceeded as bishop by Isidore Joseph Durous-
seau, an appointment by the pope II ap-
! pears that there was IA fund amounting to
several million francs belonging 10 the dio-
cese and Of this fund the bishop had charge.
| Bishop Dmmont refused 20 vacate the place
and deliver the fund TO his successor. No
record is kept Of such funds, for the law OF
Belgium forbid the maintenance Of such
funds by the Roman Catholic church. so that
| only by word Of mouth doos one bishop give
10 his successor a statement of the amount.
The Treasure Carried on.
On Friday, Dec. %, 1870, while Bishop Dur
mont was out of his palace, In the evening,
five men and a locksmith forced their way
in, and after sharp struggle with the re-
tainers Of the place, took possession Of the
house and the treasure, put new lock ON
the door, and thus barred out Bishop Dir
| mont Tho treasure was in two large safes
Canon Bernard was private secretary to
Bishop Durousseau and had been charged
by his superior with the custody of tue
funds He took the funds, which were secu-
rites payable TO the bearer aud embarked
for Canada He landed in Quebec where no
deposited 100000 francs With a safe do
posit company, thence went TO Boston and
deposited some i,0O0,000 francs more. and
then 70 this CITY, where he deposited soma
3,O0O,O00 in francs, or the 100000 now in
dispute The canon went next TO Mexico,
and from there to Hasann.
Pursued by King Leopold.
During al his wpnderiggs caaQn Bernard
was pursued and watched by 5,ansaries az
King Leopold Il appears that Che exist
ence Of the large fund Of the diocese had
been revelation to the king Of the Bell
gians He claiined that in view of ths Bel
gian laws the 6,O00,006 or 100000 francs
should escheat 10 the crown. At Havana
Canon Bernard was seized by Leopold's
emissaries, was thrown into jail and then,
/ as he asserts, without process Of law he was
put ON board vessel and finally landed in
prison at Brussels. No one was allowed 10
see him
Leopold then began suit against Canon Ber-
nard 70 recover the $4,000 deposited in this
3 city. An attachment was issued here, but it
fell through. Bishop Dumont simultaneously
brought another action in Belgium. and
. King Leopold slapped on another suit, in
tending that this time It should hold. In the
: | Dumont suit Judgment was obtained against
Canon Bernard while be was kept locked up
! in prison, and Francois Bourgeois. commits
I sary OF police at Brussels, was appointed re-
ceiyer.
The Kings second suit.
On July 2T.' 1881 in the kings secoud suit.
brought in this city, a warrant was issued
b under which Sheriff Bowe seized the property
in this county. Bourgeois then came over
n here and brought an action as receiver in the
Z supreme court Meanwhile. Bishop Durous-
seau presented a claim here to the property
lie filed a claim with the sheriff and de-
manded a trial by jury. With Bernard
4 locked up in Brussels tho bishop stood good
y chance of getting the money, whercupon
King Leopold fearful that he would lose the
doodle after all, induced the bishop, by some
Ia.
Landed I'm His Coffers
Bourgeois went 70 Boston and there began
D a suit TO recover the 1,O00,000 francs under
the name Of Bernard. AS Bernard appeared
TO be the plointif the funds were delivered
! up and Bourgeois landed them ultimately ID
! the Golfers Of the king Of the Beigians Canon
Bernard has brought suit ia Boston as wei
as here. After Bourgeois returned here with
the funds from Boston King Leopold discon
tinued his second suit, the warrant of at
3 tachment was thus snnulled, md then Bour
y geois claimed the securities as receiver and
Y sheriff Bowe delivered up the $4,000.
A Lawyer Looked Up.
AS an episode in the fight Lawyer Good
4 hue, Of Quebec, who knew of the /, SO0, ,O00
!, francs there deposited. went to Belgium "a
act in the matter. and the king plumply had
him locked no Il is said that between the
prison and the asylum he lost his mind. He
n was finally freed on the demand OF the Brit
!, ish government He was found innocent of
fraud. Canon Bernard was finally placed
\ ON trial in 1888 on the charge Of embezzle
I, ment He was acquitted. His defense was
! that he took the securities by the direction
Of his ecclesiastical superiors, who had man.
ual possession and were the legal custodians
As soon as acquitted he went TO London. He
n was still followed by King Leopold and was
ID indicted in 1854 on the charge of ''trafick
at ing in trust funds
T. Canon Bernard, being still in London, was
in convicted. thing as Mr. Wilcox. claimed,
il which is beyond the pale Of practice in other
civil ized nations. The willy king then de
manded that the cancn should be given up.
The British government, after examining the
case carefully, refused TO comply with the
40 demand. The canon. therefore, remains in
& England, where he fills an important chair
IA In q leading Catholic educational institution
tn 1t May Yet be a Boomerang.
10 Sheriff Bowe gave an indemnity bond,
through Coudert Bros, when he delivered
up the property so that he is secured, and II
Canon Bernard wins his case the claims viii
=, eventually revert against King Leopold. Tbs
" present suit was begun IN Ap1i ID last, just
,, Cue week before the six years statute OF lin
u itations had expired, es cltimed by the
.u canons iswvcrs. Mr hccleru cleins the
rt statute uf limitations, ea1 pu lli;rrcr tc
this tho cast. rl ~ un ttt ttf.