Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1840-11-17
[ReForted for the Inquirer and Courier.]
Court OF General Sessions.
The D'Hauteville Case.
THE OPINION OF THE COURT.

The D'HauteviIIe Case.
THE OPINION OF THE COURT
The Common wealth in the rela-
lation Of Paul Daniel Gonsalvs u.h..s Cor,u. for
Grand D'Hsateville, The Sody Of Frede-
David Sears Miriam C. Sears, rex sears uraAa
and Ellen Sears Grand D.
Hauteville. stap
SATURDAY, NOVEMBER IA, 1870.
Taeunan,mous opinion of Ms Court ,oas deliver
ed by Judge Barton. the President Judge of the
Court, as foiio,cs:
In this case, the writ of Habeas Corpus was is
sued at the instance of Gonsalve Grand DHaute-
Vile, directed 10 Ellen his Wife, and to David and
Miriam c. Sears, her parents, comma nding them TO
have before the Court the body Of Frederick, the
Ii fAnt son Of petitioner and the said Ellen.
In the petition upos which the writ was issued,
Mr.. DHauteville set forth that he was citizen of
the Canton de vaud, in Switzerland, and that he
was married in the Church Of MoRtreax, in the tad
Canton and according to its laws, the I'D Of Au
gust, 1887, to Ellen Sears whose father was then
That in the early part Of 1888, his wife, with his
consent, came TO Boston, on q temporary visit; and
has since, without any just known to the petit
TONER refused to retsrn to him, or has s, been pre-
tember following, she gave birth to the child whose
custody he now claims. Mr.. DHautevills adds,
that h. arrived in the United States in July, 1889
and has ever since been engaged in fruitless At.
tempt to resover his wife and child, the latter Of
whom has been restrained Of its liberty by its mo
Their and her parest, and detained by them in this
country against his consent and permission.
Tothe writ of HAbsas Corpus, Mr., and Mrs Sears
sevsral!y returned, that the said child not in
their custody, which they did net claim, and never
had claimed That the child aud its mother were,
one Of them, for comfort and protection, which she
(ther daughter entirely merited, and wsald con-
tinue to receive, while il should be in their power
Mrs. D'Hsuteville makes return, that she is pos
sessed OF the custody of her child that, as its
Their, she claims and Is entitled TO such custody, for
the proper and necessary purposes Of its care and
in respect restrained of his liberty, detained
illegally. That his moral aad religious education is
and win continue to be, suitably attended to; that
means for its suitable support and education; and
that its age does not admit Of its separation from her
without the greatest danger to it. health and even
threatened by attacks Of illness. Mrs. D'Hantevlie
further AYERS, that she has left her husband and is
ccmpelled to continue in state OF separation from
bin, IN coaeeeaense ofs variety Of sreums tanees"
Of which specified in her return and others
more particularly detailed in her further return
but all based upon alleged total failure Of the hus
band to realize the expectations of sympathy and
ing her consent OF marriage, and Of conduct
towards herself and mother which had rendered her
"inexpressiby wretchsd, }" and finally induced the
CONVICTION that t; snsr; was 70 Ss =; Mitigation Of
-, SI -, ~" C.u. 1890
that her parents have, at her request, considered
the causes OF separation ssd given it their en-
In the suggestion and further Suggestion fled by
Mr.. D.Iautevie, " he denies, utterly and unreser-
s;ny, .y yss ~ - .sY, -. ~ ~
sSoane - W. - =, ~ Ii % usHS. osner
$500. 80 M. :. srs. 80, s-..s ~ .nr r.s.ns
other than such arises from the course his mis-
guided wife has, by unhappy eounsels, been led to
Parsoe,w Hen eSs,o ne OF snsr
rYoIs.;nsus s -r;ii.r. Nv tss Rslsio, IL rsnix *
yosAnsm ..."xs - me N~sAo. sery W
sn":e ssomaca ~ NJ VIE, &c sss. .se %o"
sns,ou' oe're 'or ne' r''u'n W MS nome ano 30
..a
In the oencate a1o unhappy issue tnus Prssen'se
.o' our ueSA.os, wn.e =. nsn OF S'sme nay su.on
20 me seP.Inon, - vis"sa ~ escn sPoh 'ne o.neri
nor aces tne Ni.os .es'e 70 sas., On evy
occason, ana IN amost every variety o'snaPe, upon
the mother OF mrs whe, tne eh'e' agency IN sowing
the SEED when mas since HPened into 30 oaneui
Avrsse VI 1,sssasn
woaao s'sS.y n.o.a s"e nsees " ss
renee 10 inc eosn'etns ssusmsnn ana accusations
W inc psries, W oeS's ms cses WIN eNcius,ve
,e.efssce 10 .ss ,esAI PHnciptes wnen invo'ves,
vet tns Peues nave 80 eisoo'A.ey en'eIeo INTO
snese oe's,ns, sna; ~ one s's s; nav ~, re
been 90 earnestly invoked TO an expression Of the
opinions 70 whica tne 'esumohy nss cosoucteo us,
tn.', "n,e ,eaDss W sassi ."'o IN ~
oe., w nenneI ne oee1su I .sas lot nor .ns
secesses OF tne case ee nano, We 90 no, pensve We
can properly sso's sven An eAPressoa -, our views
these consideratons may seem emitted 10 require
we 40 sewith tse less reinsurance, wnen rsesnnst 70
mino the many snlouhoeu 1smoun Ps'n,u, 10 'ne
isehses ana injurious 70 inc ,eeaua.on OF the mo,
shs x.,o". .S.rss. rrsa .vs;n.t k.r Sv,SsRs.
49,. y hsrraomy LIZ ~ .iia.s,;a..,Ss,
- h.mS n"..hs.. ns;..n.S IA .n.J ~. ,rs,..
-h;"r b 1880 ~ .M.ss;o.. "a Is.,.r."s
,ss;s hsnninr.s. II - dus 10 sSs cause of .rv,h
"a 90 r.nu,.s,ar m ,rsS.c.d "a mmch
49,. w. 'rsI.s H.. .yra..a.s ..ians
sh.ii Y. ai.ny,i.S
..,sa.. Al. .l.v.,ion. which i'm nj.
H. S.,.-howsysr nnmeyoss kis i.t;mstio.s
~, % - .x;i ;ra...css aIo.s man The rird of
hsr dsn~h,sr have sesn oviug the deplorable re-
suI,s wS,ch 4. ys led 10 this issue-ve are bousd 10
sv th., h H.. .t,erv failed 10 estahIish the truth
: 80. N