Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1840-11-17

possioiy stimulate. Not yet two years Of age when
mas already been the subject Of several distressing
uaiAa'es, and has been apparently threatened with
the s.u =, no. Inferior aggrsvation. portion OF
| ue eePosWon oil Doctor Warren relates to this
matter; and Doctors Meigs aud Chapman, physi-
cians OF the most skill and reputation
and whom we name in the order in which they have
AecorSnn a. ne, nave testified in open Court.
these gentlemen, the child has been sickly almost
from the period Of its birth. He saw il few days
was soon attacked with complaint which nearly
proved fa,also verely attacked, that the grand
mother had given the child up" Having recovered
e"mnIan was S so0n asr os,; with another
CURED change Of air and place, and loag contiau
ance ef powerful remedies, which succeeded uti-
mately In removing the disease and restoring the
child to health" Doctor Warren adds, the child
decidedly not Of age to be separated from its mo-
Their" Doctor Meigs, who was called in to consult
with Doctor Chap msn. and who has seen The chi d
| opinion, a. a medical man, that "ths chsnces Of
rearing the child wsuld be diminished by removing
II from it's nother; says that is at present In bad
health afflicted with distressing and dangerous
caleulatory disorderin addition TO which, 1t is the
subject Of asthmatic attacks, and that he has seen
| 1t iabonng under very dangerous parsxysm OF
asthma. The latter ofthess npaints, the witness
testIhes, would render Switzerland particularly un
suitable place Of residence for the child, on ac-
count Of it's mountainous character and variable
temperature. Dr. Chapman, who has been its con.
delphia, and who has visited it repeatedly, fully
confirms the statement Of DR.. Meigs, and agrees
with him as to the perncoss and aggravating effect
which residence in Switzerland would bo likely
to have upon the naladies to which it is unhsppily
subjected He regards it as being of feeble consti-
tuition, laboring under positive diseafe and ndis-
pensaby requiring all the care and attention OF its
mother. These gentlemen also agree in opinion,
that the climate and water Of Philadelphia esPe
cialy favorable TO the amelioration Of diseases OF
the character with which this boy is afflicted.
The visi ance Of the mother appears 10 have been
nnsiring. Doctor Warren says, "her .ttentions I"
the child were remarkable. They exhibited q de-
gree Of affection and devotion the part OF the nc
ther which have not seen exceeded In another
part OF his deposition, he says since the birth
Of her child Mis-. D'Haute Vile has been exclusive.
| ly attached to it. She has not gone into society
| The testmony Of Drs. Meigs and Chapman, though
not In equally strepg terms, Of similar character
II is not possible 10 imagine, for single moment,
even did the Relator intend TO make Philadelphia
permanently his abode, that he could succeed in
procuring sufficient substitute for the maternal
care which the fral constitution and feeble health
OF his son must instantly require. Bet such is not
his intention; be claims the custody OF the child
with the avovsA r=..rr=.s Of innedistely removing
a ia the sneongsn NAL climate OF Switzerland.
Upon the question Of Citizenship, which has
eissios that any expression Of opinion would be
premature. Ii is not in the ssh est degree called
for BY the necessities Of the case; and would be
ns most
Il
here or elsewhere. Our decision can properly
refer only to the present custody Of the child and
u IL that he be remanded to the custody Of his mo-
| Their.
Should the father remain i. America, or at any
tine revisit this country, we cannot doubt that
every reasonable facility Of to his child WILL
at all proper tmes, be afforded to him by the Re-
spondsnt aad her parents, should she continue TO
reside with them Ii would seem to be his right
one which possibly he eould not enforce by le.al
proceedings, but OF which we cannot apprehend the
r III Isn 81
through the medium Of some proper agent, q share
OF tutease and suPernteadence Of the education OF
| the CHILEAN agent who could the child from
tius to time, and communicate with him in regard
| TO its health and discipline.
| General sessions.
Present, Recorder Morris, JsdEe Isgliss, Judge
| Lynch, Aldermen Benson and w oodhull.
Nov B.-Ihs Pig Persecution--Jsrry Collins,
| IN imported fsneisr Of pigs, Vas put to the bar,
charged with illegally possessing himself Of fine
hog, which by the virtue Of search warrant was
| found on his premises.
The prosecutor swore to the identity of the pig.
but the prisoners counsel set mp that his client had
bred the animal, and that he had right TO take his
| own wherever he could find it, The learned gen
| tleman also expatatsd on the violence which had
been used against his client, in entering the dwell
ling place Of his pig with search warrant, and ia
| king forcible possession OF his clients property
land Of said. and ,aeh onss ,s. :. fn.
| qusitoral proceedings would not be permitted in
| this country.
| The court charged that no criminal offence had
been committed, but that the owner of the pig had
his remedy in an action Of trespass.
The Jury therefore acquitted Jerry, to the great
| satisfaction Of his eloquent advoc
| Embszziement Andrew Talbert, q well dressed
Young man. was put TO the bar, charged with en-
| bezxiing the moneys Of James j. Vassar, brewer
in whose employ nc had been carman.
emeIopyp ~ the firm for some lime, made up Sis mind
to visit New Orleans, and for that purpose took
passage in the Russell Glover Previous to the
sailing Of the vessel he made collection from his
| employers' customers to the amount OF some Sl20
bat the ship being detained BY contrary winds, the
roguery Of the prisoner was diseovernd. and him
| selfarrested.
the foreman said they found the prisoner guilty OF
petty larceny only, and eleven OF the jury recon-
mended him to mercy.
| Ubipp,rg an Aiderman-John Desaz, a membeI
of the Union club, into court, and by his coun
sci asked to have his recogpizapce, which had be
forfeited restored and to take his trial Tor the allie
ged assault on Alderman Nash, in the Park, on the
9Th Of October last. The court granted the motion
| and the prisoner was placed at the bar.
OrviIle J. Nash, examined.-On the day mention
ed in the indictment, ! was reading in the private
saw difficulty ia the Park among quite nurnbe
| of perseus, and remarksd 20 Of the gentlemen
present that would 70 see IL could disperse the
crowd. On getting into the Park, the h,st tn'n
that struck nv attention Sheriff Acksr and
some FIVE or six other persons on cart, trying 10
get IL oct IL the Park went TO the spot and there
saw very large sailor beating small boy "os' un
nereifulIy. told him that was magistrate, and
| ,c..s rrc.srve the veacs. He laughed ut me and
went of and while was trying to suppress the tu-
multi the prisoner, Degsz, reached over and struck
me one blow between the eyes. told him should
.,h him and re ma mber that with the exception II
red badge or ribbo. his coat, he was dressed
| Crsssexamissd by General Bogardus.-Id do not
know who brought the cart thcre-perhaps could
| vuess fThe District Attorney here stated that he
should object to every thing except the particular
assault and battery. twas quite unnecessary to r.
into the question Of what the parties were there
| fcr.l -.
Gen Bosardus said he did notoistend TO admit that
| the Alderman there ~ q magistrate. He should
show that he was there as partxan, and had taken
| mart in the interruption which the Wing party had
L 80 ~..~s..-~ L.. IL xecaad me a