The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-05-21

SUPERIOR COURT-IN CHAMBERS.
MAY 2O-Ths morning Mrs Por, er and little Jane
Trainer, whom the abotoa,ts are determined TO
mortalge sgain brought before hs Court by virtue
Of writ Of hsteas corpus Issued the previous evening"
upon the sdavt of Mr. Lewis 1appan shch state. that
he has the authority of the father Of the 9 for apply
ing for her custody ttst the father still in Dnnsrk
whittier he had been violently tsken from New York and
IL yet unable TO come on to THE c,ty.
The Judge adjourned the hearing Of the until
O'Clock Mrs Porter and the child have left for
California to day by the Illinois but uOdorstsnd that
tho company have kindly consented to transfer tseir
tickets for The next steamer II is al-o said tnat
the afdayit OF hr Tappan warrant was issued by the
police authorities for the OF the gentleman who
conducted the child from the court the -riage
Judge.
At three O'Clock Mrs Porter sna the child again ap.
reared in court Mr. Culver whose watch i still slo v
did net arrive till quarter past three. Mr. lie Wis Tap
PAN in apolceising fer the delay, laid he would provide
Mr. Culver nth good watch order tnat he should 90
moro punctual for the future. q auuher.)
The Judge said he would wsit ano her quarter of
hour Mr.. Culver arrived shorty aftei wards and the
the absence OF Mr. Brady counsel for the respondent
who was engaged in summing up cause in another
court.
Mr. Culver said II this woman was willing TO give no
the child he DESTROYS Of accepting it. and he would
forgo all other pr ceedings in tn. matter and give
s cit. for the future care education and Of the
Mr. Booth associated with Mr. Brady objected to any
such offer being accepted by Mrs. Porter.
The Judge said that the had made declaration
to that effect the other cay
Mr.. Booth admitted thai she had but Il was ma de un
der circumstances Of n peculiarly trying nature.
The Judge. looking the petition said" Mr. Cul
YER this not correc. copy Of The original petition
scented 10 me"
Mr.. Culver - designed sir that it should be correct
The Judge No, sir, it not il tne origin pet ton
was In this form, should granite the habea
corpus; and may as veil state BOW that the right OF
Mr. TapIap to appear behalf q the father bs
and slso that he il authorized to have the
custody Of the shild
II being o'clock the Judge called upon Mr. Booth
IN the eosence oil Mr. Brady to make return to the crit
Mr.. Booth said that Mr. Brady had H. already
but rather than delay the Court, he would daw brief
return setting forth the facts .tae In tho peti,ion
which they INTENDED 20 contoveI They ntapded TO DENY
the authority Of Mn Tappsn TO Interfere IN tho cae and
they also denied the right Of the petitioner himself to tho
custody OF the child.
fbrthsr delay occasoned and the Judge said he
tbould postpone the
Mr. Culver assured the court that he would send man
in pursuit Of the father and II there
he should be here IS room ae psss'D'e.
The Judge did not why tn, "a, her could not have
been here iBce the last adjournment He however, post
pobed tie case until Monday next, at o'clock
Mr.. Tap2e sadI have written authority of the father
to take possession VI the child ard warn the
thai she refuses tn deliver IL she incurs
penalty Of state prison offence
Mr. Booth.-speak 10 me sir aud not TO the lady.
The judge aid that Mr. Tappso could not prove tho
handwriting of the father, ard % c0mmunca alton by tee
graph sufficient He therefore direc the officer
T. keep tire custody OF the CHI Id AID to produce before
him At the time TO which the a.e was adjourned
MIR. TarEsn then vent towards Mrs Porter and the
child, and for some tine there -,mptoms IL
the "his her law de Of operation He domspdsd the
ohd but jane and Rose chung close to her, and
Mr. Japan at length though; that tho he of
philanthropy discretion snd he heroicsls allowed
the eiri TO rensn with the officer ~ justice 10 who
ty the j1aeL. u ul scut hAa soD- ncd h.r frr The
prc-sns