The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-05-05
C. C. BROWN WINS HIS SUIT.
JUDGE KING OF NEW ORLEANS
DECIDES IN HIS FAVOR.
Says Fraudulent Testimony Was
introduced in Behalf OF
the State.

The New Orleans "Picayune' Of April
18th gives the decision of Judge Fred A.
King of the Civil District Court of
New Orleans in the case of the Fanny
Sweet estate, in which c. C. Brown, a
Well known resident of this city, is in
'terested
1t is over two years since she died
and the estate has been in litigation
ever since, an effort having been made
to have it escheat to the State, in spite
of a decision in Browns favor, he hav-
ing presented a mass of testimony from
residents of this city and elsewhere,
establishing his claim that deceased was
his sister. Judge King, who bears a
very high reputation for probity and
ability, is evidently of the opinion that
much of the testimony introduced on be-
half of the State was manufactured by
the detectives.
Sacramento citizens have been much
interested in the outcome of the suit,
which has dragged on so long and been
so stubbornly fought.
The "Picayune' article is as follows:
Judge Fred D. King of the Civil Dis
trict Court has again passed upon the
succession of Fanny Minerva Seymour,
widow of w. r. Mills DIETER known as
Fanny Sweet. Many thousands of dol
lars are involved in the matter, and the
litigation has been pending for several
years. Judge Kings decision is as fol-
lows:
On application of the State this case
was remanded by the Supreme Court to
take further evidence. 1t is now SUBJ
mitted to this court on the original evil
dence and that taken since the case
was remanded, March {, 1898.
The facts proved by the original tes-
timony are fully stated in the opinion
of this and the Supreme Court. 1t is
only necessary for the court to state in
substance the facts proved in the testi-
mony now submitted insofar as they
alter or change the facts found in the
original testimony or affect the identity
of the deceased.
In the original opinion this court
stated that the deceased disappeared in
1874 and was never seen or heard of in
the State of Ohio until 1857; also that
lin the month of June, 1876 a young
woman, apparently about 10 years of
age, who stated her name was Fanny
Minerva Seymour, shipped from Liver
pool, England, for New York, on the
ship Waterloo, commanded by Captain
Allen. From New York she came to
this city, arriving here in the latter part
of the summer or early in the fall of
1916. In January, 1917, she appeared
at the old Globe ballroom as Fanny NJ.
Smith,
The testimony now proves positively
that the deceased was in Lawrence
County, Ohio, in the month of October,
1916, and from that date she was never
seen or heard Of in the State of Ohio
until 1867. The statement of the wit
ness, Mrs. Russell, that the deceased
told her she arrived here in this city in
the summer or fall of 1916, like other
statements made by the deceased to
various persons, is now proved to be
untrue. The proof now is the deceased
left Lawrence County, Ohio, in October
or November, 1916. as Rachel Brown,
and appeared in New Orleans in Janu-
airy, 1S47, as Fanny NJ. Smith.
In the original testimony the proof Of
deceased being on the ship Waterloo in
June, 1916, rested upon the uncontra-
dicted testimony of J. F. Moliere and
J. A. .Peale. The court considered that
as deceased had not been seen by any
one from 1914 to 1917 it was possible
for deceased to have been on the ship
stated
J. F. Moliere, in his original testi-
mony, swore, in substance, that he was
a sailor on the ship Waterloo, noticed a
sea-sick young woman, gave her a
drink of water and subsequently be-
came quite friendly with her. She told
him her name was Fanny Minerva Sey-
mour, who she was and invited him to
return with her and she would show
him the sights of London. In subse-
quent years he saw her in California
and New Orleans, and recognized her to
be the same woman and the deceased.
J. A. Peale swore that he was a
passenger on the same ship at the same
time, recognized the young girl, Fanny
NJ. Seymour; that she was a servant to
some family on board, and years after
met her at her residence on Canal
street; that she had dropped her En-
glish, yet he recognized her as the same
Fanny and the deceased.
The crew lists and the manifest pas
senger lists of the ship Waterloo, Will
lam H. Allen, master, running between
New York and Liverpool. England, dur
ing the year 1876, were sworn to by the
master and filed in the office of the Col
1ector of Customs at New York, in COM