Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1839-07-10

But 10 il not, however, very easy 90 make sap
Positions case, from which the improperly Of His
Honor's decision may be mest sneqsivocally, end,
perhap,' more lueidly exhibited ! will 'snssrs
Suppose His Honor to have been legally clothed
with" Chancsry," or what Is rather termed "A Tor
ensic language, Equity powers, and tina, had re-
ally been efficiently proven 10 be- the decidedly i'm
moral miserably debased wretch-and by necessary
consequence, the totally incompetent parent which
the very romantic-excessivey high colored, and,
in some parts, indecenty prepared affidavit 81 Mrs.
Barry-my own wife-the mother Of my children
has attempted, but failed TO substantiate or, sup
pose me to have been dead, and that third party,
by me appointed its guardian, had been making an
Application Tor its custody In either Of these eases,
His Honor, might, nay, probably would be consider
ed as having acted with reference to the beat inter
ess of my child in awarding il 10 the natural
and watchiuiness OF its mother during it's tender
years, provided her conduct were unexceptonabie--
but even In these cases. would there not assuredly
be another duty of which he ought not lose sight,
Dst TO winch, In my case, he has in the deep pro.
undty of his regard for maternal feeling only paid no
attentionvz to define, the same time hat pei Rod
meant by the terms tender years; and also un.
der what circumstances the mother should hold il,
with reference to its being seen, and visited and its
general interests kept in view by such father
and even more especially by the guardian who stood
clothed, for at least certain and specific period,
with only the legal rights of the deceased father
whom he represented! Such a decision, in such
supposed cases, every individual possessing common
sense, would approve. But how different are the
facts of these from the in which His Hon.
or has SO harshiy decided and that without single
meloratng condition sr provision, against the nat
ural parental care and watchfulness superadded to
the legal right Of the father to exercise his protec
tion and guardianship-a father, Of whom he has
himself said, in this very decision under review
that the facts in the case give no such apprehen-
sion to an unexcited mind to shew want Of those
moral principles and conduct essential to the we'll
being OF the chid-or the possession of an indomi
table temper, calculated to expose the child to per-
son al injury, or to sour her disposition
His Honor states that Mr. Barry accords to his
wife the talent she PROFESSIONALLY possesses though
in drawing the comparison between her and himself,
he appears in that respect to claim the supremeness
From what source His Honor can draw any proof of
this assertion, confess myself at loss to discover.
Surely it is not from the Petition The only other
quarter then must be the extract of my letter append
ded by j. r. Mercein to the Return. In this however
have fruitlessly sought it and think may ssert
without fear OF successful contradiction that in vain
will His Honor, any other person, see for it in
this document No mention ONO au sion what
ever to, her talents, is made by have institH-
ted thereon comparison whatever between her and
myself have not, with reference thereto, claimed
any supremacy; nor have either denied accorded
her any talent 1t was not the subject of any dis
pute, or invidious comparison between us. That
she has talent, admit, as, also, that she is not in
sensible to t-and, in some points she may be, and
perhaps Is, my superer-in others, ] may, may
not, be hers; but on this subject never had diff
ference with her. That she does not want spirit "
is doubtless one Of the most correct deductions His
kind of spirit TO which he alluded. II is one, me-
thinks, he would not like to see and feel a. it has
been my unfortunate lot to do exhibited towards him
by his own wife. What, however either he talents
or mine-or our judgment Of their comparative mcr-
Its-or our mutual denial accordance of them to
each other, had To do with His Honors decision,
cannot for the life of me divine; much less, how
such spirit as that manifested by Mrs Barry tow
ards me and mine, which, for the honor Of the sex,
trust, nay believe wosld in no similar case be ex-
hibited by married woman Of any other family in
the city, save that Of No. 5 Laght street, could
have Influenced or justified His Honor in making up
his Judgment, that her custody under the circum-
stances Of the case is the best for my child can
not possibly conceive.
The evidence sdduced by His Honor Of Mrs B Is
attachment 10 me her hus band is indeed most sim
gular, and far very far wide Of the real fact Of the
case; and only proves that where discretion is ex-
ercised, investigation should invariably take place.
or the Judgment capnot be sound and correct. so
far then from her having taken the medicine in ques
ton, in order TO please me- or, Ills Honor states
soon as she had taken It, she came down stairs
stood in the doorway and exclaimed "John have
taken the medicine but our happiness is done for
ever" This fact also, had been permitted,
stood prepared to prove, f not to the of
His Honor who had "dete rmned not to alter or
amend his decision even if the witnesses should es-
tabisha different state Of facts yet at least that
Of every other person present. That INV deem and
strong attac hment to Mrs b evinced by the ex-
tract Of my letter TO her Of the 18th May 1895 APP
pended to the return, His Honor and every mar Of
sense and feeling could not but perceive But il this
fact be evident from the part Of that letter. on which
reliance was placed by my wife and her father to
prove the contrary and to facilitate my
how much more would the previous parts of it,
which were kept back, have spoken 10 this factf
And how much more additionally il would have been
snhstantated by the production Of nv letters To her
ever since up almost to the present hsur His Honor
would have known had the opportunity been afforded
me OF adducing testimony. Here then is documen nj
on which was professed to be based, until very re-
Gently indeed all the cruel conduct Of my
law-his family-and my wife towards me, pro-
nounced by His Honor TO be !" such an epste as no.
thing but the most ardent attac hment could have pro-
duced" Methinks, IL they would only attach to this
decision OF His Honor s much importance in pro-
portion a. to that by which he awarded 20 Mrs. b.
the temporary possession Of my child, they would
be al once inclined 10 meet in spirit Of concilia
ton. The very letter also Of Mrs Barry Of the 18th
May, which gave rise to the above alluded to- is
characterized by His Honor "the best calculated
10 morty njure, and arouse the passions that could
have been written"
But what does he say Of the answer TO itf He So
lemny prononnces IL to be "the natural reply Of an
ardcntiy attached, sensitive, and quick tempe red
man Since then Mrs. b. is blamed, and am JUS
tilted by his Honor in the outset, in that very act
which has created difficulty, is there not here an
additional reason why should be met in spirit Of
conciationl but Of this what hope can possibly
entertainf hesitate not to say that had his Henor
and read the hundredth part Of the conc lila
tory letters have addressed to my wife during the
past twelyemonth, and known the Esprit Yin which
they have been invariably met by her, he would have
paused until this hour, with the opinion he has ex.