New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1856-02-16
MOTHER AND HER CHILDREN.

A recent case at Boston before Judge Dewey Of
the Supreme Court excited not little of public
interest, especially among the female half of the
community, of whom it drew great number into
court. 1t was habeas corpus brought by
mother to obtain the custody and guardianship OF
two children-a girl of twelve and boy of nine
of whom, by the death of the father, she had re-
Gently become the surviving parent The case
was peculiar one, and this was not the first
time that the mother had appeared in court.
The earlier days of her marriage life had been
happy but aiterward her husband who was a
grocer and liquor-dealer had fallen into bad habits,
and had subjected his wife to infinite misery and
annoyance, till at last she was induced to COM
mence proceedings for divorce.
These proceedings met in very extraor-
binary way. The wife, in common with many
other intelligent persons had been considerably in
terested in the apparent phenomena of spiritual
ism, in which perhaps she may have found some
solace for her domestic troubles. Just about the
tine that she filed her writ for divorce, there had
been some discussion in the newspapers about al
alleged connection between the doctrines of spirit
ualsm and "free love-" and the husband sought
TO avoid the divorce on the ground, not that he
himself had not given occasion for it, but because,
az he alleged, his wife was no better than himself,
having as he pretended embraced the free-love
doctrine, and carried it into practice with divers
personS.
This charge, brought against woman who from
her youth upward had enjoyed the esteem of large
circle of intelligent friends and acquaintance,
naturally produced a good deal OF astonishment.
Every body believed it to be q trumped-up charge.
But as the husband had employed tonguey lawyers
to talk for him, and had money to spend in the
qualification of his spite, and a great deal was
attempted to be made out of the alleged bad char
acter of a certain DR.. PattersOn-whO, as an adept
of the new science, had for time obtained the
acquaintance and confidence of the lady-to hush
up matters and to prevent any further publicity of
this unfortunate domestic quarrel, brother of the
lady, resident abroad, exerted himself, though
strongly against her desire, to bring about COM
promise.
The husband, among other things, had exercised
the power which the law gave him as a father TO
take the children from the mother, aud to prevent
her from seeing them. BY the compromise, the
suit for divorce and the cross suit of the husband
were both discontinued. The parties agreed to
live separate for the rest of their lives the wife TO
receive certain annuity in consideration Of rein-
gushing all claims upon his estate. The children
were 10 remain in the custody of some relatives Of
the husband with whom he had placed Them but
the mother was 10 have access 10 them at all
times
This happened two years ago. Lately the nus.
band died in Florida, whittier he had gone for his
health. Upon his death the mother claimed the
custody Of the children as their natural guardian.
and as entitled TO it, the father being dead, under
the law OF Massachusetts,. 1t appeared, however,
that the father had left WILL BY which he had con-
stituted those relatives of his with whom the
children had lately been residing their guard ans
and the question raised by the habeas corpus was,
whether the mother or these testamentary g,ar.
dians should have the custody of the children
Three points were made on behalf of the tesla
mentary guardians First, That by statute of
Charles ii. the father had right to appoint such
guardians: second, that the children were salts
fed to remain where they were and third. that
the mother was not person fit to be intrusted with
their guardianship. Upon this last point the old
spiritualist and free-love story was brought up;
but decided bOtch WASH ade oft. Twowomen, who
had lived in the lady family as servants, testified