Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1890-01-16
GRAVE OF NARY.
THE SUIT REGARDING WASHINGTON
MOTHERS TOMB.
Tho Proceedings ia tho Court at Frstle-
ricksburg Yesserday--An Exciting
Incident-Other Notes.
Special telegram TO the Disps.ea.,

FRrDFRTcKsDurG, January 15.-At the
opening OF the Circuit Court this morning
Judge Mclaughlin delivered his opinion
on the demurrer in the libel suit of Colbert
& krtley against Sir. q. w. Shepherd
which was argued Yesterday. Tho decision
oyerrulcd the demurrer, and the empanel-
ling of the Jury was begun. After some little
difficulty the Jury was obtained. which Is a
very fine one. composed nearly entirely OF
Businessmen. As soon as tho jury had
been empanellcd the case was opened oy
Nr. w. :. White. one Of the counsel OF Col
bert Il klrtley. IN q speech of nearly two
hours. which WAS an able presentation OF
his clients case. He was followed 10y Mr.
st. George X. Ntzhush, Mr.. Shepherds
counsel, IN a speech Of about the Same
length. which was mastery etort
aud showed careful preparation. At the con-
clusion of Mr.. fitzhughs speech the Court
took a recess for an hour for dinner. Az
the opening OF the court after recess the
examination of witnesses was commenced.
The first witness put upon The stand was
Mr.. W. L. kirtley, of the hrm or Colbert ~
Kirtlev. His testimony was manly or now
he came into the possession OF tho option
on the monument and grave and OF the
relation he bore in the partnership hrm OF
Colbert & kirtley. He was upon the stand
over two hours, and was still beng cross.
examined when the court adjourned until
tomorrow at 10 o'clock, when he Will again
be nut upon the stand and the case con-
tinued.
YES. SIR.
just before the adjourning of the court
Mr.. Fit2hugh asked Mr.. klrtley dld he not
say that Mr.. Shepherd had told him Ckirt,
lew that he owned the grave and TOMB ot
Mary the mother of Washington. and au-
thorized him OKirtley) TO sell the same; 10
which Slr. Kirtley replied, " Yes, sur. Are
YOU sure of it ?" said Sir. Fitzhugh. II am,
was Mr. Kirtley's reply. Then, SIR. said
Mr.. Fitzhuch. "Mr. Shepherd will stamp
that "a a lie. and | believe you know IL to
be q lie when YOU say it," At this number
of persons arose 10 their teea, M
cluding the counsel of Colbert y kirtley.
who asked the Court 20 stop such
proceedings. which they SAID were
unwarrantcd. When quiet had been
restored Mr.. Kirtlev asked the Court Tor
protection. and turning 20 Mr.. fltlhugh
said: II demand YOU TO stop that, and iuI.
thermore | will hold you accountable.
This again caused some excitement. during
which Mr.. Fitzhugh replied. Il don't care.
sir. for your threatsn The Court then
commanded order, which continued until
adioucnment. As stated before. the inter
est in this caae is considerable. and the
number of spectators IN attendance TO-DAY
was double that of yesterday, aud there
will probably not be standlng-room To;
morrow. as something OF sensational
character is expected.
AN ACCIDENT.
Mr.. J. A. Austin. of Stafford county, who
is employed on the dam which is being
oyernauled and repaired. had his hand
badly mashed yesterday evening by large
rock falling on it during a blast. IL Is 50 50
4 Al.,t tatf fDn
necessary.
The many friends Of Miss Mamie Hern,
don in Richmond will learn with sorrow o'
/ her serious illness from la grippe. Pneu
monia having set in, her condition IS con-
/ sidcrrd very critical
| am sorry TO announce from information
received this evening that Mr.. +. A. Scion,
one of our popular and much esteemed
| young citizens. who has been sunerln-
/ from the grippe at the home of Hon. Chan
/ cellor Bailey, in the county, has had re.
/ lapse and is now quite Ill.