New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1850-07-25
LAW COURTS.

1Ol ri % NOMhON fLEAS.-SODfCtQS eFJI DO
fore Judge Woodruff HabeaS COrpus.-AHHJ June
Rehard vs.. Mary and Elizabeth Burton Appli-
cation for the aud custody Of three children OF
plaintiff s. whom she alleges 70 have been ia pos.
session OF her mother and sister but they refuse 20
give them up, already referred 70. In relation to
the attachment granted on affidavit Of Police 9th
Ger Of the Eighth Ward stating that the sister hsd
torn up the writ, return was made, in which Ely
Bbeh Burton, the sister states that the three chill
dren were lett by their mother who is a Rdo y
lady with six children, now residing NJ Newark,
having three OF the children with her, with their
grandmother, the said Mary, aud no application
Was ever made for them til recently-thas on re.
ceivng notice Of the writ Of habeas corpus the
said Elizabeth aunt Of the children) repaired with
them TO the City Hall and went 40 stairs % the Com
mon Pleas Court, where she thought she was d
rected to gC-lthe Special Term Is held be0 =
that she met ia the II all her sister Mrs. Renard,
mother Of the chi dren, the complainant and her at
torpey aud on the demand of Mrs r. for the chill
dren. The said Elizabeth gave them up n her, and
she supposes they are now In the custody OF the
said Mrs. Il. and that the said Elizabeth was told
by the attorney Of Mrs X that Der surrendering
the children vas all that was required, and that
nothing further would be done about it. and II was
on that account that she made no return to the
writ.
The attachment was ordered to be discharzed
on the payment OF Sheriff's fees and motion vas
then made by Mr.. Potter, counsel for the grand.
mother and aunt Of the children that the order for
costs, under the circumstances be vacated or mod.
flied.
The Court stated, that after receiving notice Of
writ the grandmother and aunt should not have
given up the children bat brought them to Court as
directed, and not having done So the Sheriff ia en-.
titled 10 his fees.
Ii appearing that the children had been kept
and taken care OF by the grandmother and anat
from the best OF motives, and The latter not being
the best oil Tor this worlds goods, earning their
bread BY their own industry the Deputy Sheriff.
Mr.. d, Drake, readily gave up his claims or fees
ss did Mr. Potter his fees az counsel, and the az.
tao ment las discharged. The case is important
as showing, after the issuing Of a writ o. habeas
corpus the disposition Of the children belongs 10
the Court and il has frequently happened that the
Court has refused from regard 70 the welfare ofthe
cbildren) to order them to be given up though we
90 not krow that there would have been any objec.
ton in this particular case
Maria BeHGrt VS. bartholomew Seyrass-Breaeh
Of Pr0Mne 81 Harrt0ge.-The parties arrived here
from Paris in December, 1915. Plaintiff alleges
that defendant, previous 10 leaving Paris promised
Der marriage, but has since refused 70 perform said
promise, and she brings the present action, dam
sges laid 81 1000. Defendant was ordered 70
give bail in g. OOO bat in default Of procuring it,
was committed TO Eidridge 81 jail, where he now
IT, Motion vas made yesterday on mis- behalf by
hi. counsel Henry II. Morsnge, Esq that the order
for arrest be vacated, bssng MS claim on the wan.
Of INERT in the prosecution and his being i'll, &c.
he denies having ever promised marriage 70 the
said Maria BsnaIt-that il was through her propo-
sitiop, made in Psris, that they came 70 America,
that she stated she had brother in law 10 New
York, " ho owed her 5000 francs-that they would
cone out together soc would ge. that and he could
start IN business-that there was 10 agreement
that they were 70 be married, bat she was 10 live
with him as his uistress-thst on comingt TO New
York, found that she told him 10 regard TO the 900
francs 10 be wholly untrue. He SPEAKS Of her
having been n, in ate with person named at ths
residence Of her sister in Richelieu-st Paris aod
ALLEGES that bis principal object in coming 10 New.
York VAS respected the money and getting into
bu,ireIs. Said Maria has lived With min, bat Of
late hss become abusive, and threatened 10 have
him arrested and the present sctioD is wholly from
motives sfrevenge. He asks 10 BE- discharged. He
soesks Of the fare and accommodates at toe jail
a. net being exceedingly fascinating, and Psrticu-
Iarizes some OF its csmforts
TIE plaintiff. by affidavit presented by her coun-
SCI f. Yebni, Esq denied the charges made In re-
la ton ~ her u the s GOO francs, &c Sne AYERS
that she sned to defendant IN Paris. previous 70
startirg ! 500 france, which he has expended
that the sgrt emeni, on omng out vas that ne
v 81 70 marty her; that she was not insnate with
nm previous TO leaving Paris with the ndivid
"a slIuded to ia Richelieust Paris tina, person
rad ter a teution ard would have married her,
tu Tor the aitentnn' subsequently shown 20 her by
a, fsuds Dt; that ca coming 70 New York said de-
ienfait IDtrC oucsd her 10 the aniy OF her sister
ardsl o,beI Vlih whom hey became rqusrnsed