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

SUCH if fairly conducted As regarded the chill
dren, he willing that she should keep the girl,
snS he ks the boy he says coming bas 10 the
n / please, stand on my legal rights, and while
violate none of yours, be only acting on my own, IN
requiring both OF the children. In tenderness 10
you, However, as well as compassion tor the child,
voluntarily surrender all claim TO my dear, my
sweet babe, though have my doubts II be dong
IN this what Is strictly my duty toward IT, IL you
cum, you are at liberty TO enter into the feelings
10 make such a sacrifice as THIS" He requested
she would return him all his letters her wedding
ring, writing desk he had givenher, and his minia-
lure Hne was wiling to give up all but the minia
ture winch she SAID she wanted to keep for her little
Mary but, BY the advice Of her friends, that, too,
was restored.
AS to the father, (Mr Mercein,) he complains
bitterly Of the course which has been pursued in re-
lation to his family and the great expense (alreadv
about $1,000 caused to him in the various suits
which have been entered-also of their being sud-
denly dragged, by Mr. Barry, for the purpose of an
the Chancellor and the Supreme Court, the numer-
Gus writs of Habeas corpus, &c, which have been
got out. He has given to his daughter and her
child a home as was asked of him, but she is her
own mistress, Sand at liberty go wheresoever she
peases, without hindrance or -moestation from
him.
An agreement, drawn up by Mr. Barry's own
hand, was signed sealed, and executed on the 9TH
June, 1885, by which it was stipulated that Mrs.
Barry TO retais possession oil the two children
ill tie LIST of May following, at which time Mr. Bar
ry was to have the boy, should he demand him, and
Mrs Barry the GIRL should she decide to live sepa-
rate-and that MIR. B. would renounce all claim to
his infant daughter. This was signed by himself,
Mrs. Barry, and Mr.. Mercein: and the boy under
the provisions of that agreement, most unwilngly,
vered to him when required. she surprising that she
would be allowed quiet possession OF the youngest
child, the one now sought TO be recovered by Mr..
Barry. He, at subsequent period, however, sue
naa had lsA naf nj tho anfnr Vxrttlr
friend, the house of Mr.. Msrcen, on a Sunday
morning, while 'the family was at church, going to
his wite's room. tearing 1t, notwithstanding des-
perate struggle on her part, from her arms, and
going off with it. On being pursued afterwards he
compelled to take the child through the scutte
of the house in which he was, get the roofs of
some adjoining buildings, and escape through ano.
Their house, after which he took the babe into the
interior OF New Jersey, but il was eventually recov-
cred by the mother, who still retains its possession.
When the case was carried before the SUI
wife had notpresenred a particle of evidence i'm
peaching the character of Mr.. Barry, or showing his
unftness for the and custody ofthe child. The
law wisely gives such to the father unless it can be
which to entrust it,. Mr.. Barry will probably re-
move the child to a foreign country, but that is no
reason why he should not possess it. Con looking
into the affidavis,'" said Judge B., 1--WE find that
band and complains of unkind treatment. Her sus-
picions wholly unsupported by proof; and if we
read her complaints, in connection with the rebuff
ting evidence from other sources, we cannot but
see that she was as much in fault as her husband,
in the angry controversies which sometimes sprung
up between them" The covenant of the 7th June,
1885, Judge b. declared to be Illegal 1t is simply
a covenant between husband and wife, who are
not competent to contract with each other de-
csion was given in his favor, and the question is
now carried up to the higher Court SIM ly the
merits of that agreement. BY its terms Mrs. Barry
felt herself bound to deliver to her husband her boy
Cher firstbon), while her heart was breaking
land the question is, shall he also be compelled faith
fully to preserve the solemn covenant he had en-
tered into. Barry acknowledges that he covets
OF the child in ORDER by the also
secure the company of the mother wisely thinking
she will be drawn towards her children, even If she
will not follow him. Our own opinion is that they
had better kiss and make up--that the gentleman
should cultivate the kind virtues rather than the
austere and :" indomltable" ones-let her, through
MS conduct again be enabled to feel that she loves
iim devotedly," and while they recne on one pill
ow to rest, again 'close their eyes in peace and
iream on In happiness"