Evening star. [volume] (Washington, D.C.) 1854-1972, 1896-10-16
L NJ G O L Ms H A T
A Controversy in Court Over Its Posses
sion.
The Identity of an Old, Rusty and
tablishcd by Testimony.

The hat of Abraham Lincoln. the tall,
black beaver with wide. fiat rim so famil-
far to those who had the distinction of see
ing the martyrcd President, and so insep-
arabic from the usual photographs of him.
occupied a prominent place in Criminal
Court No. today. Rusty and dusty with
age, fast turning a whtish color, the an
cient relic appeared in a controversy over
its possession between DR.. James O. Adams
and his wife, administrators of the estate
of the late Rev. DR.. Phineas d. Gurley, the
pastor of the New York Avenue Presby-
terian Church. which church President Lin
coin attended. and Osborn H. Oldroyd, the
custodian of the government museum situ-
ated in the house on 10th street in which
President Lincoln died.
On behalf of Dr. and Mrs. Adams their
attorney, Mr.. Walter c. Clephane, explain
ed to Judge Cole and the jury that the case
was appealed from Justice Of the Peace
Churchs court several months ago by Mr..
Oldroyd, Justice Church having awarded
the ownership of the hat to DIR. and Mrs.
Adams.
The hat was cnce worn by President Lin
coin. said Mr.. Clephsne, and some time
after his death 1t was presented by his
widow to DR.. Gurley. When DR.. Gurley
the patent Office on exhibition, properly
labeled. There 1t remained for rumber
of years, in time being lost sight of. When
next seen by DR.. Gurleys family it was
among the relics in the government mu-
scum On 10th street. Their demand for 1t
being refused by Custodian Oldroyd, they
sought to regain possession Of it by Il
suit Of repleyin filed before Justice of the
Peace Church. Justice Church gave judg
ment in favor of DIR. and Mrs. Adams,
whereupon the government noted an APP
peal to the District Supreme Court, the
case being certified to Judge Coles court
for trial.
District Attorney Birney represented the
government in today's trial, and he ex-
planned that he would show that the hat
was never in the possession of DR.. Gurley
or his family. On the contrary, said Mr..
Birney, he would show conclusively that
the hat was worn by President Lincoln
when he was asSassinated. 1t and the chair
he occupied at the theater when shot were
taken possession of by the Judge advocate
general, by whom the hat, in the spring of
1866, was delivered to the War Department.
After communicating with Mrs. Lincoln
and her son Robert, the War Department
Memorial Association. Subsequently the
association deposited the hat in the Smith
sonian Institution. from which 1t in time
passed to the 10th street museum, where it
was when DIR. and Mrs. Adams filed the
suit for replevin, several months ago.
Then, too, said Mr.. Birney, he would make
the point that their recovery of 1T is now
barred by the statute Of limitations.
Lincoln
The first witness was Mrs. Adams, who
identified the hat as the one given to her
father by Mrs. Lincoln, and placed by her
brother in the patent office. Mrs. Sarah L.
Simpson said she believed the hat to be the
one presented to DR.. Gurley. as did Thos.
H. Cross, colored, who was President Lin
coins valet. The hat was purchased in this
city from Halter Davis by Mrs. Lincoln for
her husband, Mr.. Cross said. and he took 1t
to Dr. Gurleys house at the direction of
Mrs. Lincoln. President Lincolns hats fit
ted him, explained the witness, and at the
request of Mr.. Clephane, he placed it on his
head, much to the amusement of the court
and jury, it being good fit.
Capt. Geo. X. Sidall, who at one time
was in charge of the patent Office relics
said there was hat there deposited by
Mr.. Gurley, and he believed the one in
court to be that one. did Capt. Dennis
OConnor, also in charge, at one time. of
the patent Office relics.
That concluded the testimony on behalf
OF the plaintiff, when recess was taken
az H. until o'clock.
Statute of Limitations.
Upon the resumption of the trial after ,e-
cess MIR. Birney asked the court to instruct
the jury to return a verdic. in favor of
Mr.. Oldroyd. In support of his motion, Mr.
Birney contended that the statute of i'm
itations now barred recovery of the hat
by DR.. and Mrs. Adams. 1t is now, he said,
more than three years since the Gurley es-
tate discovered that the hat had been re-
moved from the patent office, where they
claim to have originally deposited it as a
loan to the United States. Hence, he claim
ed, when the government removed the hat
to the Smithsonian Institution and also re-
moved from 1t the card which character
lied it as a loan only to the government,
and the plaintiffs then failed to demand
its return to them, they relinquished their
ownership in it. Therefore, he argued,
three years and more having passed since
statute Of limitations from asserting own
ership to it.
In reply. Mr.. Clephane insisted that the
plaintiffs had never relinQuished owner
ship, and that If the card describing the
appearance of the hat in the Smithsonian
Institution as loan was taken or left off
it was the fault or neglect Of the govern
ment, and not of the plaintiffs. He also
contended that the disappearance there of
the card was q question of fact which
should be left to the jury.
The Government Keeps 1t.
Judge Cole, however, sustained the con-
tentions Of Mr.. Birney. He held that when
the Gurley estate discovered the hat in the
Smithsonian Institution, without the card
marking 1t as a loan to the government.
the transfer of title from the Gurley estate
to the government was sufficiently brought
home to the estate. Having then failed tc
assert title, the plaintiffs cannot now do so.
1.-The statute Of limitations" said the
judge. 'is complete bar now, and the jury
will return a verdict awarding ownership |
of the hat to the government. or Mr.. Old |
royd, its custodian"
Such q verdict was thereupon rendered |
when, Mr.. Clephane having given notice |
of a motion for q new trial, Judge Cole
directed that meantime the hat be placed |