Tribune and telegraph. [volume] (Kenosha, Wis.) 1855-1856, 1855-11-29


most exclusively employed during. its late term
and Morton, of Massachusetts, in regard to the
guardianship of m infant The ffollo lowing con,
Else history of the case, ncluding the recent ac-
ton of the Court, has been furnished us for pub
Effcstion.
In 1S50-1ETheodore Sheldon of Northampton
Mass. made largo investments III Kenosha and
Walworth counties: amounting to same ten or
hftrem Thousand sDoilMsl In March 1872 he
kded leaving his widow Mary M..Sheldon and
Isasc and sDercas s Sheldon two infant chii-'
dren under the age of eight yeas old-in the
| year -ico2 Isaac Sheldon senior and Richard T.
iMorton, father, and rfather-in-law of Theodore
Sheldon deceased were appointed his admin
l.straters in Mass where Theodore Sheldon, also
had a large estate. In the Same year Richard T.
Morton father-in-lawiof saidlSheldon made appli-
cation and was appointed by the County judge
of kenosha County administrator OF his estate
In the Spring of 1883 Mary ID. NJ. Sheldon the
Widow came to Wisconsin bringing with her,
the two Children Isaac sheldon who was then
about 8 years old a blind boy or nearly so,aand
| Dorcas s. Sheldon of about years OF age. She
resided here some 3 or months principally. in
the family of Mr. r. c. Otis in the town of
Soiners. who was an acquaintance and friend of
hors.s While here with her children she made
application and was appointed by the County
fudge of Kenosha County Guardian of her
childfen.-In her petition she was stated to be
of Northampton Mass. bat her appointment was
made on the basis of resident, no notice having
been given by publication MS is required for a
non Resident = Raib#. .f.
In July or August of 1868 as the testimony
upon the trial dscloses her father requested her
to return to Mass. for the purpose of aiding in
setting the estate there. She went taking with
i erboth her Children, and while there her in
1 FAINT son was placed at South Boston in the In
stitution for the Blind under the Charge of DIR.
Howe. In December of 1853 the daughter sizes
cned and died, and in few days the mother
/ worn out with fatigue and anxiety followed her
infant daughter to the grave, leaving Isaac Shell
don an infant of ten years old, sole heir of the
Estate of Theodore Sheldon. After the Mothers
return to Mass; it became necessary that a
lguardian should be appointed over the property
in Mass. aud to settle with the administrator
Upon solicitation of the friends ofthe children
upon both sides Harvey Kirkland of Northamp-
ton was so appointed this was a few months
before the mothers DEATH Upon the death OF
Mrs. Sheldon, Isaac Sheldon was brought or
tcalne to his grandfather Richard T. Morton's III
1 Whately Mass. about 10 miles from Northamp-
ton the former residence of his father, where he
remained until the month of March 1854, about
this meliarvey Kirkland supposng himself by
reason of the death of the Mother TO become the
legal guardian of the custody of the boy, made
some moves to obtain possession of his person
i This claim the Mortons resisted ON the ground
! that he was not appointed guardian of the Gus
toby oftlIe children in Mass, but of the property
and that the legal residence of the boy was in
I Wisconsin,. Accordingly the Boy was brought
to Wisconsin by his Uncle Francis b. Morton,
+ son the sixth of March, 1854, the uncle, Fran
els Il. Morton, and the infant, Isaac Sheldon,
aged ten years, appeared before the Co. Judge
oF Il fol
Francis Morton to be appointed guardian of the
I person and property OF the boy; setting forth
i'll this petition under oath, that said Isaac Shell
don was a resident of of KenOsha County, and
that he Francis B. Morton, was also a resident
: and presented the'requisite bonds for said APP
pointment. Upon which application lie was ap
7 pointed. few days after this appointment
Harvey Kirkland of Mass, came 70 Wisconsin
land sued ont a writ of Habeas Corpus before
; Judge Doolitte for the Defendant Morton TO APP
pear and show cause why he was not cntitledto
the custody of the boy, Upon this application,
on the evidences before him, the Judge was of the
: opinion that Kirkland was entitled to the Gus
tody of the boy but as the application before the
I County Judge stated the residence of the boy to
be in Kenosa County, the appointment was
made in due FORM and as by the statute the
question of residence could not be controversial
: in that proceeding, the writ was dismissed.
Il Subsequently, Kirkland took an appeal from
q
: Judge, on the grounds: that Isaac Sheldon was
| not on the 9th Of March last nor everhad been a
resident of the County of Kenosha. '1'D
RI 2. That there was no estate in Wisconsin
>. That Morton was an unfit person to be the
lGuardan 80 II =.
t l. That Kirkland was the Guardian in Mass
l and that the boy had been unlawfully, taken
from that State by the appellee. a"
This appeal came on for trial at the last Spring
term of the Circuit Court but ON the application
of Morton was continued and the custody of the
boy during the tendency of tlic suit piaccd witt
DIR. Howe of South Boston, principalof the In
stitution for the Blind:
After Kirkland had taken fills appeal he also
procured rcquisition upon the Governor of this
4 State to arrest Morton and his father and take
them back to Massachusetts on the grounds that
j. they had abducted the boy from Massachusetts,
j This suit is still pending in Mass
, At this term OF the court Jury was imp1ncl-
h ed to try the two first issues Of the appeal mime
, Is. Was the boy isaac Sheldon a resident Of
: Kcnosha County on the 9Th of March lastl %
: Had he estate IN the County of kcnoshG 1T that
3 time.
1t was proved and admitted that there was at
9 estate here of about twenty-sx thousand dollars
but upon the first issue there was a great con
tict of testimony, the investigation OF which oc
r cupicd ten days of the Court and Jury. Messr'
: Schoif of Kenosha, Watkins & Arnold, Of Mil
Iwaukee were the Attorneys for Morton, and Ely
: & Parker of GAINESVILLE for Kirkland. On Thurs
day last the cause went TO the jury after very
' able and impartial charge from the Court.
G After being out about four hours they came
into court stating that they could not agree
standing as it was afterwards ascertaitcd six &
u six The court remarked to them the great i'm.
i portancc Of their agreeing upon verdict in view
s If the costs and interests involved and after
giving them further charge sent them outagain
The Jury returned in two hours with yerdic
that tire rcsidcnce of the boy was in Mass. Thi:
e sends the boy back to the Custody ofthe Probate
Court OF Mass, and leaves the question open fol
, tie appointment of another guardian here.
~ Congress meets on Monday next. Tho
popular impression that the anti-slavery party
has clear majority in the House of Representa-
: tiycs will probably prove to be a mistake. Nc
doubt there is a majority opposed TO the admin
istration, but the causes OF opposition are so nu
" merous that no common ground OF union exists
= The Know -Nothings. inspirited by recent sue
= cesses, are actively at work to secure the organ
ization Of the House, and our prediction is they
: will partially if not wholly succeed. The com
= ing session of Congress bids fair TO prove ex
citing and stormy one, and win accomplish no
thing. There was time in the history of tbs