Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1841-01-07
SATURDAY, November Il, l340

800 '''''N'N' " bA'lOU, lue
President Judge Of the Court, as fol-
lows:
In this case the wri, Of Habeas Cor.
pus was issued at the instance of Con-
salve Grand D'llauteviIc, directed to
| Ellen his wife, and TO David aud Miriam
7 T.. Sears, her parents, commanding them
to have before the Court the body OF
Frederick, the infant son of petitioner
and the SAID Ellen.
. In the petition upon which the writ
was issued, MIR D'Iiautcyille set forth
that he was citizen OF the Canton de
: Naud, in Switzerland aud that he was
married IN the Church OF Montreux, ~
tho SAID Canton, and according to the
laws, on the the 22d Of August 1897,
TO Ellen Seats, whose father was then
citizen Of Alassac husctts in the United
States. That IN the early part Of 1893,
his wife, with his consent, came 10 Bus-
ton, on Il temporary visit ana has since,
without any Just cause known TO the pc
tltloner, refused TO return To him, or has
been prevented from doing so, aud that
on the 9th Of September following
/ she gave birth 10 The chld whose Gus
tody hc now claims. Mr.. D'liautc.
vile adds, that he arrived in the United
States IN July, 339, and has ever since
been engaged IN a iruillcsS attempt TO
recover his wife aud child, the latter oi
whom has been restrained OF It's liberty
by us mother and her parents, aud de-
tanned by them in this country against
his consent and perInIssior
To the wit OF llabeas Corpus, Mr..
and Mrs Sears severaily returned, that
the sud child WAS not IN their custody,
which they did not claim, aud never had
claimed. ] That the child and lis mother
were, and for some time had been living
with them, or one of them, for comfort
and protection, which she Oheir daugh-
ter, entirely merit, d, and " ould continue
10 receive, While It should be in their
power 10 give IT,
Mrs. ID D'ilauteyillc makes return, that
she IL possessed Of the custody OF heI
chlId that, as lis mother, she claims
aud Is cntlllud 10 such custody, Tor the
proper and necessary purposes of It's
care and guardianship, aud for no other
purpose and that he Is in no respect
restrained Of his liberty, or detained H.
legally. That his moral and religious
education Is, and will continue 10 be,
suitably attended 10 that, IN her own
separate right, she is possessed OF anl-
pie means for It's suitable support aud
education aud that lis aye does not ad-
mt Ol It's separation from her without
the greatest danger 10 It's health, and
even of lis HE, which has been more
than once severely threatened by attacks
OF illness. Mrs. D'Iiauteyllle farther
AYERS, that she has left her husband, and
is compelled to continue in state OF
separation from bIn, III consequence OF
"a variety ol circumstances, some oi
which are specified IN her return, and
others more particularly detailed IN her
further rclurn-but all based upon an
/ alleged total failure Of the husband To
realize the expectations OF sympathy
and affection which he had excited pre-
vlous TO obtaining her consent of mar
rage, and couise of conduct towards
herself and mother which had rendered
her "Inexpresslbly wretched," aud final
ly induced the conviction "that there
was to be no mitigation OF her suilernSs
while she continued III his society, aud
under his constraint." Mrs. D'llaute-
Vile adds, that cher parents have, at
her request, considered the causes OF
this separation, and given it their entire
sanction aud approval" "
In the suggestion and further sugges-
ton flied by Mr.. D'llauloville, che de-
mes, utterly aud unrCscrvcdly, any Just
cause Tor separation, and any conscious
ness on his palt ui any matter or design
other than an aiiectlonale husband
could conceive noI Is he aware, nor
has he ever been aware, of any reason
other than such as arises from the course
Ills misg uldcd wife has,by unhappy conn-
scls, been led 10 pursue, winch could
exist for the interruption ol their peace
and coml,t. Throughout the whole oi
The vuIumnous writings iIcd by the ke-
Iator ~ reply to those Submitted 10y his
wife, he brcalhes the most ANXIOUS de-
sIc for her return 10 hls home and So
CIciy.
ln the delicate and unhappy issue thus
presented tor our decision, whatever
mult OF blame may attach to the sepnra-
lIou, Is visited hy each upon the other
nor ducs the Rcnlor hesitate to chnrge,
on every occasion, and IN almost every
variety or shape, upon the mother oi his
wife, the chul agency IN sowing the
seed which has since ilpcncd lnlo 80
baurlul harvest "i dls>eIilon.
We would gladly avoid the necessity
Of a recurrence to the conflicting state
ul,ntS aud accusations ul the parlIcs, 10y
deciding tins case with exclusive fcle-
renee to the legal principles which It m
wolves, but the parties have so chbo.
ralcly cnlered into these details, and,
hy one side az least, have We been 81
earnestly invoked to an expression ol
the opnlnns to which the testimony has
conducted ~, that, while iorbca'ing To
enter INTO iniuul,uc-s a. G,'ai', when