The evening times., 1896-10-16

A tale of two hats was unfolded in court
today. The late President LinColn's head
gear was in dispute.
1t is evident that he owned TWO hats,
but ii is mooted question whether or
not the one in question is the hat long
ago given the late Rev. DR.. p. ID. Gurley
the one Worn the night of the assassl-
nation. fs-r
Before Judge Cole today it was shown
that the two mats were so much alike that
it is hard to tell them apart 1t is plain,
also, that one hat has been lost track OF,
and the Guriey estate claims the hat ex-
hibited in court. They secured the hat
in trial some time ago before justice
of the peace, but the government now
seeks to get 1t back by appeal.
The hat occupies conspicuous place in
Judge Coles court. The hat-box was there,
too.
For some time it was in the possession OF
Mr.. Oidroyd, keeper of the Lincoln Mn-
scum on Tenth street. Theu Mr.. james Is.
Adams, an heir of Dr. Guriey, brought suit
ON a writ OF replevin before Justice Church,
ana secured the hat. Mr.. oldroyd took an
appeal.
Mr Walter c. Clephane, counsel for the
Gurley heirs, told the jury this morning
that the hat in question had been given to
nr. Gurley by Mrs. Lincoln, aud later had
been placed on exhibition in the Patent
OFFICE Museum, and was still later trans
ferrca to the Smithsonian, and III renee to Mr..
Oldroyd.
NOT THE GURLEY HAT.
Mr.. A. A. Birney, representing Mr.. Old
royd, told different story to the jury.
He Stiu tne hat before the jury was not the
Gurlcy hat. II is the hat Worn by prcSi-
dent Lincoln the night Of his assassination
and was taken in custody by the judge ad-
vOcate general, With the chair in which
President when flpI Z n pI
in fhe custody of the judge advocate gen
eral until transferred to the War Depart
ment
Mr.. Rirney said that from the War Dc
partment il was sent to the Smithsonian
Institution, remaining still in the posses
sion OF the government. Later IL was al
lowed TO occupy position in Mr.. Oldroyd's
museum and was then and is now the
property OF the United States, though loan
ed To the Washington Memo Association
for exhibition.
Mrs. Emma II. Adams. daughter of DR.
Gurley, was the first witness called. She
identified the hat before her as one
brought to her home when a child.
Il remember IL very well,'' she said. Il
! was six yea rs Old
she was asked who placed 1t in the
Patent Office, and replied: My brother,
Melville Guriey."
Did you ever see that hat in the Patent
| Officer" asked Mr.. Clephane
Il nave! l went to the Patent office
every Saturday TO see my brother, and
always saw the hat in the case"
Mr.. Birney objected to her telling what
was inscribed on the card labelling the hat.
and contention arose between counsel as
TO the admissibility OF the statement
Judge Cole admitted the evidence, and
Mrs. Adams said, as near as she could recol-
lect,, it read: This hat was presented by
Mrs. Abraham Lincoln 10 her pastor, p d
Gurley'
She said she was positive t!te5hat was the
Gurley hat because she saw her brother
takc'it away.
ON cross-ex animation Mrs. Adams said
| the hat was in the Patent office until her
brother left that office. She first missed
the hat soon after her brother went away
Mr.. Birney sought to get Mrs. Adams
down exactly as to dates. but She ans wcred
that she could not place the dates She
discovered its loss from the Patent office
and went home and told her mother. and
1t was found at the Smithsonian, where she
saw II once to her absolute kno wlcdL.e 1t
| was out of the case. She aftcrward saw il
| at Mr.. Oldroyd's. and asked him for it. but
| he refused to give it to her.
Mrs. Sarah Z. Simpson. of No 2l3 Penn
| syivanla avenue southeast said she saw a
| hat at the Patent Office in 1869 or 1870.
1t was like the hat before her in court, but
was a much better looking hat She saw
n card on the hat.
In answer to a question from Mr. Brney
Mrs. simpson replied that she did not
positively identify the hat S the one she
saw in the Patent Office
The hat was just like a hundred other
siovc-plpe hats?' queried Mr. Birney
We'll, yes.'' was the SLOW reply.
ut did not differ in shape from the hat