The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-08-28

The proceedings entered by John A. Barry 10 OBJ
tam possession OF his youngest child, being now (or
appeaD before the Chancellor and the Court of Err
rors-and many questions having been asked in re-
lation to the parties and the points of difference,
between them, brief statement of facts as pre-
sented in evidence and by affidavit may not BE-
deemed uninteresting.
First, then, as to the gentlemen in the case:-
Mr.. Barry is native of Shelburne, ~ s., ant
must now be nearly, if not quite, AZ years OF age
though in appearance, he could readily pass for ter
years less than that. He is tall, commanding
looking man, with dark hair, and full black wins
kera-even Grecian features and is what may be
termed handsome. He generally pleads his own
cause, and exhibits much ability as speaker, as
| well as full knowledge of the various laws govern
ing his case. About rs years ago, he was married
at Halifax TO Elizabeth Black daughter of the Rev.
| VIM. Black, bishop of the Methodist church al
| Nova Scoiia), by whom he had several children.
He established himself in the dry goods business at
the head OF Marchingtons wharf, and took Leading
part the affairs of the city. His lady died few
years since, leaving son and four daughters, who
| are spoken OF as an exceedingly fine family A re-
verse OF business being experienced at Halifax Mr..
barry leil there IN me fal OF 1888 and came to New
| York osenslbly with view of determining where
| he should settle, he being undecided whether to do
so IN the Uniled States or in England. After ira
yelling Tor about SIX months he concluded TO locate
| himself in this city.
| Thomas r.. Mercein, father of the present Mrs.
| Barry, was born and brought up in New York He
was Tor three or four years comptroller of the city,
alsoa member of the Assembly, and has been for
the last twenty years president of the Equitable In
| surance Company, but which situation he has been
| induced recently to resign He resides now in 10Th
street, but had lived in Laght street for years
His lady is still living and he has three daughters
besides Mrs Barry, who have been well and happily
married, VIZ. one TO Mr.. Hyser, one TO Mr.. Swain
merchants of this city,, and the other Mr. Ran
dolph of New Jersey
Now a few words to the character of the one
who has probably felt more deeply and experienced
| more heartfelt anxiety, than any other individual
connected with theproceedings,w we mean the daugh-
ter OF Mr.; Mercein, (the present Mrs. Barry and
mother OF the child in question. On this point we
shall give the testimony of several respectable wit
nesses, on hearing before Judge Inslis.
DIR. JAMES r. MANLEY, sworn-lknow Mrs Barry
twenty years. Have frequently visited her fathers
house and she has visited my house and been on
terms ofintimacy with my family. Her characteris
good, such as awoman's should be. have neverseen
her out OF temper. Her moral character is as good
as that of any person who walks the world She is
qualified well to take care of children. She has
had good deal of charge of her fathers family,
which is one of the best regulated that ever knew
have visited the house since the child was there
it swell taken OF, is favorte, and well be-
loved.
FRANCIS HALL. Zone Of the proprietors OF the Com
merclal Adversely sworn--I have known Mrs
Barry from ID to lS years. Her mind is SUPERIOR
cultivated, and she isamable and moral The child
appears to be well taken care of.
Mrs.SARAH HALL swOrn--lhave known Mrs. Parry
for u or lSyears- Have visited her fathers house.
and belong to the same church with her. Have as
ISOLATED with her in Sunday schools as teacher also
in Missionary and other benevolent institutions -
Mrs. Barry was secretary. Her temper is pleasant
and agreeable Have seen her in trying circum
stances, calculated to try the temper but never saw
her shew any but good feeling She has peculiar
qualification Tor teaching; she taught her own sisters
SbeI q mt tJar, toll
The child is well taken care of. 1t appears to be
happy, and the family happy In it, as if each one
owned It,
Mrs ANN EBBErTs sworn-Am aunt TO Mrs. Bar
ry, and have known her all her lifetime Her cha
racter and temper good, and she is well calcu-
lated to take care OF child The child is taken
good care OF, Its mother being most devoted
nurse.
Rev. DR.. BANGS, swon.-Have known Mrs Bar.
ny Is 10 years, at her house and in meetings She
Is woman OF strong and well improved mind. Her
moral qualifications and temper are good, and the
family Is good enc tor child TO be in.
Rev. CHARLES A IDAvIs, sworn-Am pastor of the
Vestry-street Methodist Church. Mrs. Barry is a
communicate. have also seen her frequently in
the house. She Is amiable, pieus and intelligent.
DR.; REESE, sworn Am a physician, and attend
the family of Mr.. Mercein. have knewn Mrs
Barry for some years, and have thought highly of
her in all respects The child is comfortable: The
mother and the family devote themselves 10 it,
Somuch for the parties. Now for the introduction
and the marriage, which we shall give in Mrs. Bar
RVS own words, as presented in her affidavit in an
swer to the first writ which had been issued we be-
evc in 1889.
81, Eliza Ann Barry, named in the annexed Ha-
beas Corpus, and the wife of John A. Barry, being
duly sworn, do depose and say, that my grandfather
the late Andrew Mercein, and Robert Barry, the
father of John A. Barry were early friends Robert
Barry with other loyasts, left the city, as always
understood alter the peace OF 1888 and settled in
Nova Scotia. OF late years several members of Ro-
bert Barrys family have visited New York. and
hv
AndrewMercein and his family Under these auspices
SIX years since, John A Barry came to New York,
accompanied by a younger brother and sister, he
was widower of allowed talents-professed to have
relnqushed business at Halifax, (where he had liv
ed twenty years) after the death Of his wife, about
which time he had met severe losses, which had
reduced him from afi1uence to merely competence
which was well known TO us ALL That he had re-
solved 10 leave Nova Scotia and would settle either
In England or the United States and was on a tour
to determine. He finally concluded TO settle in
New York-talked OF putting his four daughters
(who were at his fathers in Liverpool Nova Scotia)
at a celebrated boarding school here, and left for
England IN the spring OF 1884, TO inge plan
Tor his son, who had been several years in Scotland
finishing his education He returned in the fall
became engaged to me. was led to conclude from
his manner before me and my family and the high
character given him by his brother and sister, who
seemed SO to look mp to him, that he was all that
couid pc desired The engagement was sanctioned
by my father, and his consent for our marriage Civ.
en-, to take place IN the spring of 5 provided at such
time the arrangements Mr.. Barry declared he had
yet to make respecting the final closing of his bust
ness, &C., would involve no longer than wears
residence in Nova Scotia, after which he was to set
tie for good in New York. Mr.. Barry returned TO
Nova Scota-corresponded during the winter
came in the spring, and we were married in April,
1885"
Thus Eliza Ann Mercein became united to John
A. Barry, and, consequently, the step-molher of
his five children, who appear to have been much
attached to her, and were with the exception of
the SOM at the time Of the marriage at LIVERPOOL
n. S, whittier Mr.. Barry carried his young bride,
and they resided there together for year, when he
sold his property and returned with his whole family
TO New York, having with him about $500 or $l4O0
in cash Besides this, the maternal grandfather of
his first wle's children had died, leaving them pro-
perry valued at $l3 900.
Mrs. Barry returned TO the scenes of her childhood,