New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-11-02

~. p,,..., ,.,i.a n. ecSstrueton which Mr..
Rr,nx ,aye 70 the lsv which should give ihem 700
poye; 10 resi sfidsyts saPpbmenSi !. ,oo go.
Hs cd 30, believe 'hs: tho chs-aStei Oh al r.
GO mid an Ter In tie community, however 10 ne. 70
.ubiec: 70 the aenuDcisiion Of DIR. Brady ne d,cPy
d.oloiea that in advsrce OF any pIooi ml. ~ ~!
should have found Il convenient 10 sssah nypoNH
esly the motives of Mr. f1rness, or wbs' 'ss - NJ
eon,eouence his character ana he would tell the par
y, opposed thai IL there be craven cosardice 20 ts
case i: would not be exhibited on this sds Oh Inc
house. The return TO the writ did not aiege sings
thing sgsin.t AR. Fumes except t1st he-'a' keeper
Of tbs iai-the man who gets sl00 week for her 10
generation nom this reveDgeiui ana mtuiised nus
bspd-the paTtictpS criR,rls IN this uoiawiu inipts'
onnent-belieyes thst Mr.. FarIesos Object 10 sniog
cut this wit TN unlawful AID improper one. Dun
he Mr. Fumes anteccdenis what !ney might 10 reia.
ten 10 Mrs Goldman he yet knew that Mr.. r. hal
the manly courage at the instances OF this lmpr5on
woman the vi tim Of brutal husband, al her request
in her own hsndwritipg to sue OUT ms WIZ, aaa' l'i
Going IT, Gsicner Furness would not sulier IN tue
estin1 alton OF any one who bad the soul of mao
within him. however he might suffer IL the estimation
Of The Mawworms ard Auiindab Seeks OF tte PROBES,
zion. Mr.. Busted also alluded to wha' he regarded
as Az incor sistency III Mr. Bfadys position. Inc day
nreyious they lad urged that the ady WIS insane III
rsnable of expressing her whes and incapable OF en-
gazing counsel ard yet, 10 81 hours, no0tsc d,iH,
fatv bous ht into ette- OF hsc lady requesting
that The proceeding might be stayed.
% Mr. Brady held that he whole scope ana OBJECT OF
the h.beas corpus was misunderstood by Mr. Bdteed.
Sickness was not the only reason sufficient ior NOT pro-
ducpg the body Ct the person asked ior ana ne emu
merate various crcunlstar css which msnt renoer
mp,oper that a person should be produced. lie
would suppose the case Of young school grl who
was In excepted her way 70 school oy one OF tne
nonstreus Nreiches OF ecbery who aoounded IN cues
and seduced her, and, the fsct beng dscoVeied ner
parents putting her IN place OF safety Wnere sue
was away from the snares OF her seducer. Suppose
hen that this man should apply for wit OF hsoeas
corpus get her released and should malSt tha' sue
be brought before the gaze OF the mu!tlude, wouio
any Judge allow it to be done Such an Illustration
mioht be applicable 10 tDis case in the future MI
Brady held that all the return need state was toa' 'ns
person who held Der did 90 10y order OK her nusoaau
she being committed to the care OF his RESTITUTION dc
patient. 1heu the Court would say why oli Sou E0t
obey the wit and produce the body OF the person
sid then The person could say for tiese reasons ~hlch
are contained in these afdaviss. Iney presented tne
affidavit Cf the physician, because Mr' VI 'Dohslo,
rot being @ physician, could not speak Oh her
disease AS TO the lady request if che sane as
the gentlemen cOBended. they could not 0bect TO her
request being read. The Argument was good IS
a. aiDst them only. iut whatever be its ELECT every.
body knew that no person was 80 Insane tat tneS uu
not know enough to communicate their ordinary ants.
II WIS not alleged thai this lady was laborne under
any delusiODs-that species OF insanity which nuSat De
called INTEL. ctual nsanisyor that she was aicted
with any kid OF insanity cGssIied IN any oook, ou
that she had an mbeciliy OF Intellect, produced by
stin usnts upon her nervous SYSTEM winch made ser
proper peison 10 be patient placed by her husosod
il the charge of ans competent person, tnat she hSnt
recover. Her brother would soon be here, and ne
hoped that that brother would have the courage 70
in proper way the lnsut that had been put
upon hs iemily by this man, and In his resent
uent he would bs protected IL this community "a
much rs be would he in the South. Her btother
ought 70 be the best vndcetor OK his sister, aud ought
10 be the champion OK he fame and re that her hop's
TO her parents ale grsted rather than stranger
Mr. Bu.ie Il eOntenCed that Judge Roosevelt had 10
discretion, such a. MIR. Brady inhmated he had. AS
to avenIg the sut 70 bis sitter, when that brother
avenged anything, it would be 70 avenge the wrorgs
which that most il famous husband had nesped upon
his wife
Judge Roosevelt rendered his decision on the adj
mission o The alidaylts in which ne stated hs views
spOn the 1cOpe of the hsoeas corpus and the powers
OF the Court in relation thereto. lie sad ne cd not
see any valid objection 70 admitting proofs OF the facts
set forth in ID. return. As the Supreme Court OF the
State by law the guardian OF insane persons be
should ske 10 whether this lady was sane or
rot IL she sane she must be discharged, tor the
obvious reason that no husband anybody else had
the right 10 doprye her Of her liberty though the con-
sequences might BE- unfortunate. He overruled the
object, ns ana admitted the aifdavits.
AIR. Busted excepted 20 the ruling OF tho Court, and
asked that his exception Dc OF tered on The record.
Mr.. Brady then read the following
AFFIDAVIT or DR.. BARsTOw.
y and C3S,g Hs. h sss :' n.J a W. s':oS be-
sAn ford Hail. Fiushrg whtre the sbove med Caro-
.Sa sbe can here bss me :. Low soswhs better h.o on
her sj.on to She HAL but Jet m weak aud nervous cend
McDonsld and hereto aud dep,nns in the
pnion therein expressed to the improphey G having her
times vhe in he ton been trested With the greatest
ndasenSs and Kindness. and not ,'ses!.'sd rh or P.csd
, any degree. Depone further saith that he her last
evening s?n The icqseos tho po.tr pro
eecdis Until the arrival OF her father ., BIZ theI from tho
sworn this Stat s.y Of October, 1857 before me-
NATHANIEL JAWS IL, commissioner Of Deeds
Ny Busfeed moved 10 strike out certain portions OF
the affidavit. The motion was overued, aud aneI-