Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1839-06-27
Az Chambers.
Before the Recorder

JUSE 26.-Ihe abduction Case.-It having been
istmated that this most interesting case would be
very large audieace, consisting Of most fashionably
dressed ladies, had assembled to hear the details.
Mr. Anthem, on the part Of Mr. Barry, asked his
honor # he knew whether Mrs Barry and the child
were IN Court. His honor referred the learned
Counsel, to the legal advisers OF that lady.
MIR. Girard said that Mrs. Barry being in very
delicate health, il had been judged prudent not to
have her present until il was absolutely necessary
Ii his honor deemed il proper for the child IN
Court, they would send for il, and the mother like
wise.
Mr. Anthon said then his first proceeding would
be TO for order 10 reform the return, as no
woman could come before a Court Of Common Law
and make oath against her husband and her aiIi-
davt was appended to the return, he should contend
that proceeding could be valid, il that ALI Ia Wit
the record. Ii is so said in the common law,
laid down by our Saxon ancestors, and il was Of
no use TO enquire now, whether the law gallant
or ungallan; IT was sufficient that the statutes had
merged the right ana the property Of the wife in the
husband; and At IL had debarred her from testifyng
either to his prof; prejudice, why the tribunals
could net help it-they were only to enforce the law
as they found n.
The learned gentleman then went on 10 show in
what particulars, and for what reasons the Courts
of Equity admitted different practice To the Court
Of Law, and he wound up his argument, by moving
for reform OF the return To the writ, and 10 have
the affidavit appended TO il entirely abrogated.
The Recorder said that perhaps it would be as
WELL AT the present stage of the proceedings for the
tent Of his powers in the present II Mrs Barry
chose To reside at her fathers, he could not compel
her to alter her choice, although IL she staying
there under duress, she could be brought tcorc him
by habeas corpus and the parties who detained her
made to show cause, or TO set her at liberty. The
same could be pursued with other parties
who had not arrived at years OF maturity, but over
these the Court could exercise jurisdiction ate
the return had been made to the writ. His Honor
said there a case in point, IN which two girls
left their parents, and went to reside with the Sha
kers. Their father got writ OF habeas corpus and
brought them before the Supreme Court, but they
afterward returned To the Shakers, and the Court
had no power to deter them In the Of so young
a child as the now before the Court, he not
prepared to say what disposition must be made o H.
sir. Anthem said he was fully persuaded that the
Courts have power TO compel wife 10 return 10 the
house Of her husband.
The Recorder expressed himself 10 be OF a contra
~ opinion and said that he satisfied that he had
only power to relieve wife where she detained
from her husband against her own viii.
Mr. Girard then went into an able argument 20
show that Mrs Barry ought to be allowed To give
and husband.
Mr.. Griffin, Sen, followed on the same side.
Marshall :. Bdwell, on the part of Mr. Barry,
made able and eloquent address To the Court, de-
picing in the most forcibe and logical manner. the
ills Mr.. Barry suffering in consequence of the
unnatural detention Of his wife and child by the pa
rents Of Mrs. Barry.
The Recorder said that he would take the papers
home with him, look into the case, and give his de-
cision on Thursday morning at 10 O'clock
Conoxrn's Orrtcr.-Ju,r 26.-gIore lfatrimo-
NAL Eeiicify-Os Tuesday night the Coroner was
summoned to hold ante morism examination on an
Irish lady of the name 81 Ans Smock, who resided
nj 142 Orange street u appeared that the cxamnant
had dangerous wound in the abdomen, which she
said was not the only act Of brutality her husband
had inflicted on her. Witnesses were called who
swore that the parties were very druken, cry pas
sonate and very Jealous Of each other On Tue sday
Smock accused his wife Of being fond of the com
pany o another that she had not found time
to cook his dinner, and he vowed that he would
I" smash every bone in her by body" She, how
ever, managed to get this specimen Of the modern
chivalry his dinner, and then she went TO the room
Of neighbor Tor fear Of his doing her some bodily
harm. Here she stad until about Z r. NJ, when, as
she says, her husband met with her and ran knife
isto her body, through her Clothes and inflicted the
wound before spoken Of
DR. Hasbrouek seposed that he was sent Tor about
sine o'clock, and found the deceased lying an bed
She had bled freely and he discovered large wound