The pilot and transcript. [volume] (Baltimore, Md.) 1840-1841, 1841-01-09
VOL. 1...NO. 23O.

THE BARRY CAsE.-The decision of the
Court of Errors, in the well known Barry case,
has resulted like the D'Hauteyille case in Phil
adelphia, by giving the child to the custody of
the mother This we have already said would
be giving the natural and proper direction to
the whole subject. all things considered; yet It
ought not to be deemed as establishing pre-
cedent which hereafter may be considered an
established principle, for many circumstances
may occur which may render il highly mex
pedient to give the child to the mother Such
cases are to be decided by equity, by circum-
stances, by sound discretion, in the absence
Of any positive law on the subject. Nor from
this termination of the case would we desire
to encourage those separations between man
and wife, growing out of what is called in fash
lonahleparlanee ''aR uncongeDiality oftemper."
II occurs, however, to us that a similar case
was similarly decided some years ago in this
State, with very brief legal proceedings. A
Major w. on the Hudson river, man Of for
tune, but with peculiar notions of matrimony
and very much in favor of bringing up wife to
the hand, undertook to educate a country girl
who, in due time, he married. There was,
Notwithstanding all his caution, can unconge-
niality of temper which rendered the parties
unhappy, and separation, and finally divorce
was the result; the lady continuing TO reside in
the Highlands, while the Major and an infant
uduSllteT eInIgTdl6Q 10 Ifle DOutn, WleFe he
soon again married.
Dying in few years, he directed by will
that his daughter should be conveyed 10 Yer
mont, to be educated by certain clergyman
Her step mother accordingly carried her TO that
| State, in secret manner, unknown to her mo-
ther, who, after many painful inquiries, finally
| discovered her abode. With the aid of some
| friends, she devised plan to possess herself
of her child. A farmer in the neighborhood
espoused her cause, and called in one day, as
if by accident, to see the clergyman, who had
large family of his own. In fondling with
the children, this girl then about seven years
old, came in for share Of his attention. and he
remarked, 'fWhy, this seems to be stranger"
Eyes" said the clergyman, ''she is an adopted
child" The farmer having ascertained her a
bode to certainty, invited the whole family to
party the next evening, where Carriages were
procured and the mother bore off her daughter,
hotly pursued, to the lines, by numerous par
ty. She arrived safe with the child on the banks
of the Hudson, and in short time the step
mother, the clergyman and gentlemen learned
in the law, appeared and sued out writ of ha-
beas corpus.
On the return of the writ, the case was to be
argued before the Chancellor, a man as eminent
for legal abilities as he ever has been for good
sense and the excellent qualities of his heart.
He thought the case a curious one, with some
embarrassing circumstances IL not legal dfilCut-
ties, and, before the writ was returnable, he re-
hearsed the particulars to his wife, who, in a
summary manner, SAID fMy dear, hope you
wont take that child from its mother" 'sTut,
tut" said he playfully, "my dear, don't attempt
to influence the Chancellor-nOr decide the case
without hearing-thats contempt of COURT
| The hint, however, not lost upon him.
\ When the day arrived, he repaired to MS cham
bers, and there found the mother, the child, the
mother-in-law, the clergymen, several friends,
and legal gentlemen of the highest eminence,
| with piles of law books and bundles of papers.
tied with red tape, and all the preparations of
protracted debate. After salutations were over,
the Chancellor called the little girl to him
placed her on his knee-played with her hair and
patted her cheeks, anti the child felt quite at
ease and sociable. ''What is your name, my
dearm EEMary." "Ah; quite pretty name;
and how old are your" ssSeven years, sir'
''Well, Mary, my dear, tell me whe you would
like to live with'' e|With my mother,0 said
the child The Chancellor taking her from his
knee, and setting her on her feet, exclaimed,
''There, my child, go to your mother Gentle
men, the case is decided; the child prefers re-
manning with her mother" In this summary md
economical manner, perfectly natural and pro-
per, and for aught we know legal, should the
Barry case have been decidedly. Y. Star.