The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-06-21
The MormOns Again I'm Court,
SUPREME OOURT-IN CHAMBERS.
Before Hon. .Judpe Cerke.

JUNE 20-E1citinJ and Notel Scene.-The return 70 thu
writ Of habeas corpus in the matter OF the application
Samuel Jarvis for the custody Of his three children wa
set down for this morning will be recollected from
our previous reports that Amelia Jarvis, the wife Of TN
applicant left England with party of Mormons taking
with her three children The husband followed, and ar
irving in New York before her. obtained writ Of habea
corpus and placed the children in the custody Of the She
rf until the is finally disposed of by the authorizes
here.
The court dcnsely crowded The applicant
decent looking little hcnpcckcd husband, present
The mother TALL good looking and healthy spccimen
an English woman, also in court. She Is apparently
years younger than the husband and has BEEN r
part nshgaed TO this extraordinary step towards mora
and religious degradation by her brother and anothe
man, who accompany her in her wanderings The child
en-two girls and boy-Are fine little creatures, hal
'unshne half tears as if now and again conscious
their unhappy situation.
There were about forty or Hfty Mormons N csurt-~
set Of fcllowssome looking sanGtim0nous,
sinister, and some soveny-a cross between soiled
Qualsr and c1relessly dressed Methodist parssn.
Mr. Charles Edwards appeared as counsel FIR tho Bri
tish government, M which the applicant ~ subject.
Mr. Iatscm was counse, for the respondents
Mr. Edwards, In addressing the Court, said that thc
matter has Aton to the infant children OF Samuel jag
VS. and In order to explain it he would read the petition
the father Of three chldren-Janc, Agnes. and Frede
rick-0eed respectively about eleven, eight and four
years-ol under age; that none Of them are detained
y
tribunal that they have bcon clandesdnciy taken
away from Horcfordshirc, England, by the vito Of
that the persons who have done oil this are JAMES
Thomas. Che brother of Mrs. Jarvis md man named
be carried away from the CITY, and some rreparable
wrong done To his children On this petition continued
warrant having been issued the parties were brought
before his Honor who ordered them into tho custody of
the Sheriff He was not aware what the nature Of the
turn can be-
Mr.. Iatsom submitted that there was not suhacienS
shown to have authorized the granting Of the
rant the simple ada Wit OF that he is the father Of
the children is not sufficient.
The Judgc-lt is sufficient prima acie evidence. You
Mr. Itsom-Thc petitioner admits that this woman Is
the mother must he not go farther and prove the mar
rage. He sIr I) had got pretty up hill job. He had
in Aormopsm.
The JUDGE have nothing to do with that.
Mr.. Iatsom-t is in the applicants papers He would,
first step, make objection to the jurisdiction Of the
Court (0verruled, and exception taken) Mr.: LasonJ
then read as answer the affidavit o. James Thomas
that the eldest girl tweve years old, and qualified to
elect her guardian II also alleges that the applicant
was a cruel and tyranncal man, drunkard, immoral
and diseased. wholly without TO support, and unfit
to have the Of said children that the mother has
always clothed and supported them; that nc came 10
New York the purpose of residing here and that he
has no intention of leaving il:
Mr.. Edwards in reply to these accusations, said II
right he should uphold the character Of his CLIENT
first for the way in which he had been introduced 10
him, and next the father Of these three little children,
for whom he has than three thousand miles to
bring back to their native home. He is here without wit
neeses and Of impossible to refne these grosg
charges. But there Is here in court (pOinng 70
the brother Of the woman) whom he. (Mr. Mwards)
hoped to show up in proper light before this nvestga'
ton at an end
Judgc--which Is the mani
Mr.. Edwards (pointng him out)-I will show that thas
man is the whole cause Of this womans extror dnary
conduct; that he has been pauPcr for years. living
upon my client, the man whom he now so reckless
~ maligns. Tho petitioner comes within our city
as a stranger, but thank God he amongst O.
people who will not let his children go where
they will be brought to utter prostitution, and
the woman TO- cannot say to be the wife Of but the
mistress OF hundred brues. Sensation. The British
government have put this on his way he comes with
letter the British Consul; he without dollar
but that he shall want he is without money to fee
counsel but counsel he shall not WANT and hope
before leave this Court he shall md that in
will restore his children him. He (sir. Hwards)
would submit that there two points in the
petitioner case which are not met BY the ,drsm s
denied and is therefore admitted the next is the fact that
this is going to take these children among the n
Normons Is not denied.
Tie Judge-ls that not denicdP
Mr. Iatsom said il
The Judgc-Is it admitted that the IS going to
the Normons?
Mr. Iaom supposed that the religion OF the woman Is
matter with which the Court had nothing do. II they
were Turks would have any influence with the Court?
The JudgcWhcn the belief is inseparable from gross
immortality the Court will have to DO with II: ~,
Mr.. Edwarts-The counsel on the other side (Mr. Lat
som has been among the hormons he has written abous
h M and given them character lower than the beasts
The Judgo-If il appears 70 that they an immo
people inside from their notions spiritual belief
shall take that into consideration
Mr. Edwards would ask the Judge did he not believe
from his reading that this the pctioner) had acted
brually towards his wife, the laws OF England wouio
have punished him. the authorities would not now aid
him. The return to the writ does not state that TINS
does not intend to go to Utah The brother says
he does not intend 10 leave New York, but Is not de-
MED that the woman Is going.
The Judrc-The only question Is which Of these par
ties is the most competent to have the and custody
tbac oh lren npdf mr. he
fact will send II before competent referee Inc ume
Of the Court cannot be occupied with these long nvesuga
Mr. Edwards would submit that as there Is not enough
in the for the Court to go into the case was not
rom Castle Garden to show brutality Of the character
of these Normons He would prove that when child o.
Of the emgrans died on board one OF the Mosmons
said, There Is one pig lcss TO feed" (sensat,on
this woman will TO the Mormons let her down tne
winds" but let her give up the children 70 their sner
He begged Of the Court 10 look at the authorues anu
il the matter could be referred.
The JUDGE send it 70 referee 70 take the tcs-
mony and then can decide upon the case.
Nj iatsom asked the Court to rule as point Of law,
whether the wife could mot be competent Witness IN
Mr.. Edwards submitted that she could not. Judge
Bronson had admitted such evidence once and he regret
ted 1t and said hc never would do SO again. ne lnr rls
however was satisfied have the wiies testimony taken
II the husband would be examined by the referee,
and the Court could then them or not as It seemed
The Judre-Certainly II allow the testimony Of" tho
wife will allow that Of the husband . -
Mr. IAsom euggc~tcd Judge heht US rcicieo. 81 ~
wards had not the least objection but Judge Kent had
50 many references present before kim, the Court
named Judge Peabody n referee.
Mr. Iatsom complained that the mother was not all
lowed by the jailer to gee her children.
The deputy keeper o. the prison denied this asscrton3
she was allowed to them during visiting hours, and
has been two hours day with them.
Mr. Iatso- would ask, does the father not board ~
the PRISON. ,..
deputy Jailer-I give him his meals; he has nowhere
else to get them. ,,...-.,
The following is copy Of the official letter received
FOREIGN OyyIcE, May Q, 1856.
SI- am directed by the Earl Of Clarendon 70 strucs you
To give nil proper person named Samue ar
Wis Hereford who proceeds by steamer 70 new nosk s
pursuit Of his wife, who. having joined the Mormonlte nae
caudesnely le him. and has embafked at Liverpool on
hoard sailing New York, taking JARVIS three
children with her. am, sir your most obeasn nnT"S
servant r hAMMVND'
The parties subsequently went before the referee,
Judge Peabody by whom the case was set down TOT
No, NJ