Morning herald., 1839-06-28

To apply this law 10 the case ..d 10 ~. ,d.v, -
Mr. Mereen returned TO the hshas corpus-I now mean
that part OF We return signed BY Mr. thar h
aoe nos resr Mrs. Barry Of her liberty bur she is
free agent e go or stay With her infant child may
BE true b the counsel for the rator and
ngs reato. to the alleged restraint by Mr. Mercein of
hrs, barry, or her infant is unnecessary
ne case then assumes dierest aspect-that infant If
exists IN legal acceptance restraint by Mrs. Bar
She by the statute referred to- was bound 10 make re-
turn 20 The court considered affidavit as her return to
me WITT setting forth why the child her custody con-
precisely the same though the petition Mr. Barry
asked writ Of haeeas corpus to Mrs Barry direct
% Irng sp the body of the infant Ia that she
stated in hi, petition "'' :" ''e '".'
" ao' ew the attestaon either of the husband pc
that husband wife be witnesses against each other
LII gow out OF the necessity of the The husband
COULD not have the habea corpus without swearing 10 the nett
on-and n equally that the wife sosd swear to
her return Revived Stat 46s Sec "a last clause For these
reasons refuse the motion strike Mrs Bar afday from
the return The other branch OF the moton,hat shoud d.
ect le return TO be amended by inserting the whole letter.
qured thai party should in ednr any more OF
document than they deem applicable their side of the
eson that H. upon notice to produce the letters which may
be gwen across the table, the letters will
consider that the neutra the
After his Honor had concluded, the Counsel, on
each side arranged to argue the a demur-
rer; and it was agreed that the documentary testi-
mony should be read to the Court by Mr.. Bidwell,
and that the affidavit Of Mrs. Barry, and some other
papers, in the hands Of her Counsel should be SUBJ
mitted Mrs. Barry's statement occupied the Court
for above an hour and half 1t commences with
the early history of their attachment cOurtshp and
marriage, and cannot be termed round unvarnished
tales Tor in some parts it is truly eloquent, and de-
tas In thoughts that breath, and words that burn,
all the miseres of disappointed, il not much in
lured woman. Every circumstance seems to have
been carefully treasured jail their little chickering's,
ana every triftlng domestic incident would seem to
nave been carefully preserved by this unhappy lady,
In order to hur them at the head Of her lord and
master, at a time when he stood alone his domes-
tic hearth, with all his household Gods shivered "a
round him.
1t would be needless to say that Mrs Barry does
not exhibit proofs the read to the Court
OF very superior talent for that self evident in
the tears, s"bs sighs, and Paintings, which
produced among the audience. Even some of the
sterner sex could not look unmoved, or reflect,
that, by the decision in this case two parties who
might have made each other happy, were to be for
ever severed, and
These are words Of deeper sorrow,
Than the wall above the dead,
Both shall live, but every
Wakes them from widowed bed"
There were seme portions Of this document which
the counsel for Mrs Barry deemed too indelcate to
read aloud, but had marked them for the private pe-
rusal of his Honor.
Mr.. M. S. Bidwell addressed the Court in very
able and erudite speech the law as applicable to
this and similar cases. The learned gentleman seem
ed to have fortified his memory with almost all the
some very able opinious of Lord Mansfield, Lord
Eldon, Sir VIM. Scott now Lord Stowell, and Lord
Lyndhurst.
After he had concluded, the Court took a recess.
and then Mr. Girard replied to Mr. Bidwell.
The case will be resumed on Friday.