Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1839-06-18
Police Office.

before the magistrate this day, were the committai
OF a mother and daughter for keeping Paw.paw
house, and that Of young rowdy for disturbing
place Of worship. The two ladies had lived in great
style at No 179 Varick street. and done large bust
ness, which lattery get annoying to their more mora
and religious neghbors, and therefore Mrs Isabella
Carr and Miss Julia Maria were both brought up ana
held to bail in the sum Of 600 each. The other
that of Lester Crow, who had been guilty OF
making unseemly noises in front ofthe Negro Cahe-
dral in Elizabeth street, for which very bad crime
he was adJudged to pay 50 and costs.
REcoRDER's OFFICE, June I7.-Eztraordinary
Outrage and charge of kidnapping. Recorder
and the police magistrates have been occupied dur
ing the afternoon Of Sunday and the forenoon Of Mon
day, in the investigation Of one Of the unmany
and cruel outrages which IT has been our lot to meet
with for some time past. The parties being all OF
great wealth and high connexions in this city and in
Nova Scotia, the interest excited among their family
and friends has been OF course commensurate with
their Importance in the eyes Of the world
On Sunday atern application was made to
the sitting sisrate for warrant to arrest John A.
Barry and Isaac Underhll, for violent assault and
battery on Mrs Barry, and the forcble carrying off
of her infant child 1t appeared from the affidavit
made in support Of this application, that Barry and
Undcrhill had gone to No Laght street and got into
the house surreptitiously that they proceeded to
the bedroom Of Mrs. Barry, and tore her infant child
from her arms, she and her aged mother resisting,
and Of both getting considerably injured in
the melee which ensued. The magistrate granted
his warrant, and Gil Hays and Tompkins went to No.
two gentlemen might be found. So soon as Barry
heard the officers were in the house he sent down
Underhill to hold parey with them, and in the
mean time Barry made his escape with the child
through the scutle in the roof, and eluded all the
vigilance and indeatigabty. The officers arrested
Underhl and the magistrate held him to bail In the
sum of $4,000.
On the following morning the matter was brought
before the Recorder, Barry having previously sued
writ of habeas corpus calling upon his wife to
produce the child, and show cause why she with
held ii from his custody Before, however, the writ
returnable he took this chivaric method OF put.
ting himself in the best position, by obtaining posses
sion Of the child III ct armis In the mean time the
friends Of the lady caused the two brothers OF
Mr. Barry to be arrested, both as witnesses and
accessories after the fact. They also employed
Messrs Lord and Gerard to argue the before the
Recorder. These gentlemen produced witnesses
the outrage and assault the lady, and they also
examined DR. Reese at great length to show that the
child was in worry delicate health, and they dwelt
much on the opinion Of that gentleman that, II the
child not restored to its mother its own life and
her sanity could not be answered for. They also
produced a deed of separation made between Mr..
Barry and his wife, by which they agreed to live
apart and that the lady was to have possession OF
their two children. The eldest she however pledged
herself To give up again when required, and IT was
shown that she had given il up to her husband few
weeks back, and that he had despatched il into Nova
Scotia.
Of the accused 10 say where he had last seen that
person, and, also, what had become Of the child
This gentleman at first inclined 10 be very cor
tumacous and not only refused TO answer, but said
that the consequences he did would be serious,
his brother Of very cxcitable disposition,
and would be certain to shoot any man. be he officer
not who might attempt To arrest HIM. After some
time spent in arguing, examining, and dccaiming the
Recorder postponed the matter until late hour in
the evening. for the purpose of giving the witness,
Barry, opportunity of communicating with his
brother, and inducing him 10 return the child into
the custody Of such persons As the Recorder might
appoint until the question of its guardianship could
be finally disposed Of
On the rcassembling Of the Recorder and the
Counsel for the several parties, il arranged be-
tween Messrs Lord aud Girard, and MIR. - W. Bar
~ that the child should be returned to its distracted
mother, Tuesday morning. and that she should
find security in the Of 81 900. 10 be produced at
any tine, when required by the Recorder, or 20 be
subject 10 any decision which the competent legal
tribunals might pronounce in the matter at issue =.
The state Of Mrs. Barry's health said to be so
very bad at present, that time could possibly be
fixed for trial Of the issue in this matter. Ii
also arranged that the warrant against Barry and his
chivalrc friend Underhill should be dismissed, and
that the latter gentleman should be discharged from
the securities he had given to appear and answer.
CoRoSrRs OFFICE, June 17-An Inquest was
held on the body Of Patrick kcelahan, who was