Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1839-07-01

THE ABpUcrIoN CAsE.-The extraordin ex-
| pose which has been going on before the Recorder,
respecting the matrimonial disputes of Mr.. and Mrs.
Barry, will be brought TO close this day, so far
decision on the Habeas Corpus settle the case ;
and we, in order to a full understanding Of the ques-
ton, have republished the whole report in another
part Of this paper Respecting the law which is APP
plicable to this case, il the English precedents
followed there be but little doubt of the results
but must confess that it requires some degree of
moral courage for Judge to stem the tide Of preJu
dice, and to take from a mother the custody of an
infant not two years old and to transfer it to its ia
Their. The case Of Mr.. Long Wellesley, one of the
most notorious profgatc roues which the beau monde
of London or Paris ever engendercd, and against
whom the highest personages in the realm set their
faces, may be cited to advantage. This man had
broken the heart Of the beautiful of the
day, spent her fortune, and was fast running her Off
spring, yet did the refuse cedc to the
application Of some Of his own relatives, although
every mind perfectly satisfied that the
contrary course would have been Incidentally best
for the childrens welfare. More recently still, Mr.
Sergeant Talfourd, having been retained by mother
to argue similar to this of Mrs Barry, on the
Court deciding against her and having laid down the
law explicitly that no legal acumen could hang an
objection the decision, Mr. Il. Immediately intro
duccd bill into the House Of Commons to alter the
law, but could only obtain nine votes for second
reading, in house Of nearly two hundred and fifty
members. There is but little doubt that if infant
is ward Of Chancery, that the Chancellor may and
often has refused to give the custody of it to its IA
Their, but that has generally been from pecuniary
considerations, and never supposed to be out Of
any regard for either paternal or maternal feelings
| In our report Of Fridays proceedings gave
some consder cradle parts of Mr. Anhon's speech, and
on referring to notes find one more passage
which may be worth printing. The following relates
to that part Of Mrs. Barry's statement which was
said to initiate against lawyers notions Of COM
mon decency that he could not read it in the pre-
| sence Of ladies without blushng!
To this matter MIR. Anthem observed-"I come
now il your honor please to what has been made the
heaviest charge of all against my friend and client
allude 10 that which has been shrouded in mys
ticism by the learned counsel the other side-the
very reading of which they have stated would pol
lutte their tongues! And what is IT SIR! Nothing
that involves the proof of any immortality whatever.
will state it, and here would remark, that what
so fair, angelic, pure a lady we admit her
to be herself icr0te and swore TO- cannot be too I'M
pure for your honors nor Tor me to utter IN the
presence and hearing of those around me- Mrs.
Barry sir found on her child small insect and on
| examining herself found some on her own person;
and from this circumstance the inference is drawn
Of the infdelity OF her husband No such Inference
sir, is warrantabe. If the lady would consult the
records Of her own family pure as we admit it to be-
she will find that mber OF that family, too young
to be chargcable with crime for its cause, had been
similarly infected
| If any doubt existed OF Mrs. Barry having been
afflicted with the disease known as farsr scribenai''
when she pcnned the account Of the discovery OF the
said little ANIMAL that doubt must be dispelled
| by perusal Of the following;
In August, 1887, Esther and Emma both youngest
daughters came running up my saying. ooh la
should inst poor PAL he Is tired that lac
lay Tie sofa but fall, OF all the time To Thu answered
why when your pa homel where hel hurriedy
along hoping they did not understand what my heart told
me was the truis'
The lady then goes on to describe most curious
ccnjugal scene Several times he attempted to rise
but could not-then he would lay down again almost
hopeless. 1 set down a few moments while ne dozed,
when again spoke to him. He answered me strange
y. nay rudely. He called me by another name, not
Eliza nor They, but something that sounded horri
bic in my ear. lie insisted that persons would
see us--told to take OF my shoes, and GO all the
way up to my room. lie certainly acted and spoke
as if he was in another house and talking TO another
woman"
II will be seen by any impartial observer Of this
litigation that the lady is Of most unhappy tempera
ment, afflicted with an unusual quantum Of the bigo
try which the sex apt 10 indulge in and but too
apt prefer the advice Of her patcrnal relations to
submitting herself TO the sole guidance Of him whom
she had sworn to love, honor ard obey. We
no advocates of domestic tyranny, although we do
perhaps differ little from the doctrine often
quoted by Lady Bulwer, that
aMan 10 man IL sedop just,
But nan % never"
From certain documents which are in our posses
sion we happen 10 know that there are still some
very curious developments TO make IN this case, and
after the decision of the Recorder shall be at
liberty TO publish them aud mistaken IL they
donot throw DIR Jarvis and his lady quite into the
shades Of obscurity.
THE SMUeeLERs on ANOTHER rAcr.-On Satur.
day, in consequence Of some information obtained
from peculiar source, Mr.. Waddell the u. States
Marshal, was induced to despatch several Of his
officers to the premises Of working goldsmith,
situate No. % Domnick street, where they seiz-
ed large quantity Of diamonds and other pre-
cious stones which had been struggled into this
country by the way Of Canada. Ii Is believed that
repsratons had been made TO carry on this illicit
traffic very extensively, but is supposed that this
discovery will have the effect Of npping the scheme
Of the smugglers in the bud. The booty which the
u 8. Marshal will nett by this grab will be some
thing not to be sneezed in these dull times.