Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-05-05
SUIT IN EJECT M.ENT
HISTORY OF THE CASE DATES
BACK TO THE YEAR 17eo.

A SUIT in ejectment. involving the posses
sion OF premises Sill Market space occu-
pied as tenants by Cherry s. Moran Com
pany. was decided late yesterday afternoon
by q Jury in Circuit Court No. I. The case
was won by the plaintiffs. who are the
descendants of John Patrick whelan. and
who brought suit In 1899 against a number
of persons, claiming title as heirs of Catha-
rine Ann whelan. The property is said TO
be valued at $50. 900. and the accumulated
rents end profits amounted 10 about s25 900
In addition The verdict of tho jury not
only gave the plaintiffs possession of tho
premises in question. but also allowed them
to divide the accrued rents In the proper
ton OF their interests in the real estate.
The history OF the case dates back TO
1870. when two brothers, John Patrick
Whelan and Nicholas Whelan. emigrated
from Ireland and settled near the District
Of Columbia. The brothers were stone ma
sons by trade and soon became contractors
for public works. among which. II is said
was the foundations of the Capitol and the
Tfber creek canal. Their business pros
pered. but a quarrel arose and the brothers
separated John Patrick lived on a farm
near Cabin John bridge until his death In
1880. He was an eccentric character, never
abandoning the dress of an Irish peasant,
which he is said to have habitually worn.
John Patrick never learned to speak Eng
fish, and all his conversations were
ried through Bill Scotland. a slave.
who had learned Celtic.
Resided in Maryland.
Nicholas. the younger brother. Is said d
have been fairly well educated. He res
sided on a farm near Colesvile. in Mont
gomery county. Md, and had one child.
Catharlne Ann Whelan This daughter Is
said to have been weak-minded from birth
and became insane In 1s45. remaining In
that condition until her death In 1881
Mrs. Susan A. Beall in 1850 appoint
ed committee for Miss Whean and man
aged her affairs until her death. After the
decease of Miss Whelan her real estate.
including the premises in controversy, was
taken possession Of by her cousins on her
mothers side, who. after some litigation
respecting the validity OF her will. entered
into a compromise In 1894. by the terms OF
which premises S11 Market space came Into
possession of the defendants.
The descendants of John Patrick Whelan,
sbout twenty or thirty in number in 1899
fled suit in ,etectment, claiming that they
were legally entitled to the property. Seven
years have been consumed In the prepare
ton of the testimony to present to the jury
The introduction of evidence occupied the
court four days, and consisted chiefly OF
testimony tending to establish the relation
ship between John Patrick Wheian ana
Nicholas Wheial, the father or Catharine
Ann Whelan, under whom the defendants
claimed ownership. number OF deposl-
lions were read from persons unable 10 at
tend the trial, two or tnoSe uepOSlllB nav
ing died since the suit was instituted
Witness Ninety Years OF Age.
Among the witnesses WAS Airy Ann Do
yer. a coiored woman. more than ninety
years old who was daughter of Bill Scot
land the slave Interpreter for John Patrick.
She testified to many facts tending to es-
tablish the identity of the brothers.
According to the verdict OF the jury VIII
liam T. Lynch Is to have estate Cor life
In one third Of the property. ard the other
plaintiffs an estate In fee as tenants In COM
mon. in the following interests: Margaret
B. Lee. Katherine L. Flanagan, Emma j.
Horrigan. Sarah e. Radtgan, one-twelfth:
Willard Whalen. one~ffteenth; William
Whalen and Adelaide Smallwood one-thir-
tieth each: John Whalen Frank Whaler
Martha Whalen. Charles Whalen. Nicholas
Whalen. Thomas e. Whalen, Mary Biggs
and Emma Downs. one-sixtieth each; Jen-
ME Holly. Sarah Holly, William Holly,
Frank Holly. Rose Holly, Martha Russell
Louise Ferguson. Kate Cissel and John
Small, misunderstanding
each.
The profits are also to be divided in the
same proportions.
The plaintiffs were represented by At
torneys c. A. Ketgwin and Fl. f. Davis, and
the defendants by Nathaniel Wilson. Clar-
ence r. Wilson, E c. Peter and W. D.
Davidge.