The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-02-03

f.ree q the 'wasderisg Minstrel" -mb-tisutst AZ
Drury Lsre moving performance OF the pant nj ma
ssssbiAgs Of those vho from tss ate Of The
weather. unsole TO visit the thsssro in tins eysaing
Superior Court Special Term.
Bstore Hon Jucge Hoffu>p.
ROMANCE OF REAL LIFE-A MorHBR's CLAIM TO
TIKI CUSTODY OF HER CHILD.
FEB. 2-Hobeos Corpus -Bar7uise Us Bcksr-M tks
moaer Of ArdIella PeerIt that the ,hild In this
girl Of eleven tw-lvs years Of sge
OF very promising appearance. Her father dro ~nsd
by the upsettpg II small boat Montreal Csnad,
about 1--WE ago Soon after this thu other
this city, bringing with her two Enthusiastically nov
before the Court and daughter two years older After
residence here Of one year she ths mother)
red to Mr.. Barwiss with whom shs hvsi. The tes-
tmopy In the showed that the two little girls
with their motheraud stspathsr happily as Is usual in
he ordinary walks Of society that about year
mother became derargsd ard o. the instance of neigh
Dor shs removed TO the Lunatis Asylum on Black.
wells Island, After she had remained there SONS four
months she heard OF the death OF her friend who had
procured her residence upon the island and she taoug
IL her duty TO return to ne city and the
hsl family No locks bolts bars guArdsmsn standing
hs way, she did return to her lonely houss on West
Thirty sixth street. and hsre found husband bat no
children to greet her On inquiry shs learned that tbs
widow Of her f,iend wto plsced her N tbs is.od had
then bad and ths other Aabes, she had pacsd in
keepng OF Mrs. Baker, practising phyciHa residing Ia
returned 1t once to MOTHER but Arsbsa mad med
III tsohment for Mrs Baker strong tnat =
TIERS eneearnents could this writ
sud cut and shs brought before Jadge Holt
Mr. d. B. Taylor OF counsel fr the reiAtor, argued that
circum.tapess could ,tsad In the ot the supe
macy Of the mothers claim, whilst Mr.. TlinshAst in
sisted that the ohi!d's VIII must BE- REGARDED.
The following opinion Of Juege Hoffman will DO read
u intsrs As the point settled BY mis- decision is in'
HOFFMAN, Jast,e-Upon = writ Of hAbeAs corpus il
sued and directed to ME- Csnsnce baker, TO bring up
the body Of Arabsls Pelsr with the Of deteat
return las oesn naAe, Ard have proceeded 20 exam
Inc into the facts contained in tbs return and the
husband Of the respondent has the sctuA csntro OF
child Tbs parties have agreed that the writ ani return
hall be tres'eo addr ssed 10 and returned by BOTH
The allegations on the part OF the respondent were Of
such ure In several particulars "a To warrant this
essmina ton before referring the practical DISCRIMINATION
q the question to the very objecIonA test OF ohilIs
wishes II appears that the mother of the nfsnt
Mrs Bsrwse prior to tho mon. n o. jams last taken
to the ssyam Blscswelrs leland insane; tnat
pretent husbands MT the father of the ahd tnst
friend OF the family applied Mrs Bak the respon-
dent to recsise the child into her family AID that che
has continued 10 rece WITT her since Toe mother left
he la 0stoser last! The Interference OF Hrs
Wsr FIR the we being OF the ohidren, and the placing
of them the charge OF the respondent st the time
Il the theirs alteration OF mind Is deserving of all
c, mmencaion The case IL fies from every of
anton ofcous intsrereaae With tbs rights OF
parent Bat, upoa AIetul examination of Al. the svi
~ right which sat has given her am the law IA
sustsind OF rearing and guarding Der oHsprinsif tas
poser to MAKE such disposition residsd IN The
charge iuebristy Is not sustained .aY ties
tinony might iesl iedsed, some apprehension that
the nslsdy Of her mind mignt return, anu soma
loc'sDos In awarding the castsdy to hsr feum thai
fcar; but this ap, reher sion is NOT .nous am not
justified On the facts Ia anticipating tt. Ia many
vases winch, IN smother situation, have been
called upon to consider, l have l,Arned tns duty
Of 10 sustain parental authority snd d 81
miss,oa a. t4fssnard OF the community by ksspnx
nsioate the domestic relations. The Law pays tdouts
TO the Lessons OF nature In assuming that suc snt
derEss Will bs felt towards chUd TO its well rs
ing In the absolute Of lite and death peristsd
to Koran fathers (a) 10 the right OF imprisonment stl
aizes though abridged, in the civil code Faocs
,b) AID the authority Of Jesish parents to have
.beous stoned to Death complaint to the elders
(c nay trace the presum pons that patsfna feelings
sufficient substitute for legal protection. rhis Is
the irciple running through All me best oousiere
pou thif most delfcAte suhjs,t Am we'll
that exceptions will arise, and tbs law must supp rt
them, where parental power 1st be superseded the
child he rsrd in body and soul But wish to protect
wherever msy have the occasion, against tho fatal
and RcrpturAl dogma which places parents aud
gers upon an equshtJ, and supply rule of decision
based upon The G, lculAt ons Of . stertls uttarAn,
lam. Bot the right Of Masking = disposition Of tns
child upon . writ q bsb'ss corpus Is uins ous
considered By one Of its Judges; and his opaion,
tae result Of ths most elAbo ate and able scrutiny
has been ctoned BY three Of his associates 1t would
be duty 10 submit TO this tho line OF reasoning
vas less convincing The result then, Ia, that when
child s of that age In the present cAss whore 1t can
exercise sons DRnt onoic6, Ibis
THAI declare that 1t Is 1t liberty TO choose for ITSELF
the court will protect 1t ia that aoioe
parental claims fThs. People Cooper IL LgAl Obssr-
yer cases In .he Superior court TO This
before Justice BArcuo Of the Supreme Oou after
icion bsre and the right OF that direst
lusty the restoration OF child TO Its raj
DIAN, Was asserted and enforced. The child was de
hyered 10 the father, without regA,d 10 It's own
wsbes This placed upon ths geusrl equitable
powsr cf the supreme Crnrt Howard Pa. Rep, 2SS
regret that the limited character Of the ADDICTION Of
This Court leaves me alternative but TO .eclsre this
chit At liberty TO 60 or rtman she chooses to IL.
berAs her bsertslily fro restraint and leave her
her own ungodsd impre sions ofduy and incRation.
bad intended TO Laws expressed views upon as point
fuly ut Justice BRicuo has osAry ana fociby
stepted ard arsusd it, TO leave to only duty
Of expel spg my spcyAnd obligation The child,
upon csretu alton In private, has prussd 8
wish foreman where fhe Ia, and certainty shows intel
retpce equal 10 that Of children generally Of her age
TIE petition for the habeas pus must b, dismissed
TIE relAnr has the Of compiste redress entsd
70 IT, Ia the supreme Ceart and need not
any protection to hs chill IL necessary restors he, t.
| tee Gus ody frtm which writ has brought hsr. Tas
relaor has properly sought en'orcs what she d.e
| Der rights, in . legal manner.
Atr the d. cs,on rendered Mr Taylor procured
writ ont OF the Supreme Curt rsturnsbs bslrs
Jndge tete bat sho ly after the service OF IL on Mr.
Baker, the cha was sent home to its mother where
new remains
Ia Tsylors Civil Law 400 Cb Code cive til O. 3ys &c
Deuteronomy ch,p 81 Is 40.