The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-07-26

o. such pesson and 70 onnaae snS nsntain him IN such
:1Ss a. ,ann be approved BY Ae Of The poor Of
A L.. r. )! 6. AZ. e 4 s::
o9o,Ss sa q % ossS M
.sn him In such manner - san Be approved By The
oversees of the poor Of the oty
port The QUESTION no . whether any other person cut
the public have right to appear in this matter am
willing the hus BAND should appear by counsel ~ matter
Of courtesy, If he Is desous OF making statements 70
divert public odium fr him, but he have no right
TO absolute IN court
Recorder-I think he has pecuniary interest in this
case for the law makes him responsible for her
support and this provision u Inc statute does not conflict
with that require bus is only intended ~ beng sd
ditoDal
Counsel, however urged tina. the law does not
throw her con relationship thst only artificial, but
upn those rela who bound her BY ties Of the
blood-t s TO her natural reatvee'hose who still love
her, that she Ia 10 look for support There he assert
ed no rule of law which ccmpels husband TO support
lunatc wife, for she 10 In and dead
him The statute docs not speak OF the husband
One Of her brothers went to him late last Monday
and offered paw for her support TO the extent OF 30
GEEK, and security to indemnify hun any amount
This very statute enacted because OF tho fact THAI
when hi, afection gone the love and attachment o.
the relatives would remain fne very policy OF this s1
tute with the relations of nature arf submit
that this husband mas right 10 appear oere eKoep, TO
vnocsu him self from the consequences OF his osn acts
Counsel Tor Mr. II have, neither in my individual
capacity the represeDve I client, asked
will receive This court IN the OF
tesy. We here y nrater OF ght and tue guar
al, OF this lady and until the Law Of the land Akes her
from custody and procession, We shall Continue to assert
matter of right Neither can be supposed 70 assent
tor uncut to tue startling propositions nave just
heard Of married ufe NY experience hss taught DIFF
reyent However unforunste these m alters o. marital
difficulty may be- The other Of the parties may
happen TO be vsed by dsease Old age, palsy, and
insanity, there lie still something left and
above this question OF comUanionship. When
the law gives woman TO man, ana
man TO woman, it pronousces the bond
what cloud may over the reason OF either
they und Weeher by more than earthly love-
we're not 20 ihs matter OF MARRIAGE would dSiodle
down into mere concaoinage The husband is bound to
support cherish and his wife, and the npon
is that be has acted until the contrary be shown. Now
he has placed her In pauper iDstutionne has given
his bonds for be suppo ana paid her board VIII, has
he 'shown private counsel" IN this caseS II were
thing in a matter which Affects his dearest interest,"
Why brought here upen q uouoe sent by the
sci the oppo lie site' Are brought here TO hear
sided evd nee to be deprived Of the privilege Of
examiDaionf IL not Mr. a. the husband OF this
lady deeply interested in this naerf The presumption
10 that his love and affection continues It is not true in
point OF t that h Hopkins tired Of the so ey of his
wife, it is not that these relatives eager and
anxious for her society r sudden change has
over hem We will prove, in proper time, that ,he was
brought my clients house and left there by the very
relative who counsel Is willing TO support her
Counsel for Mrs ii Il ak how this sm could remain
iner while they bened the barbarity this man in thus
endeavoTng TO condne her Both Of these magistrates
ecute. for false mprisonrut MT In not fuhlng
the require neuts Of the statute She has $500 in the
father esate entirely support her Destes the offers OF
her relatives. Now, k whose prisoner this lady
after she had been ited2 Had her husband right
take her and keep her night, and her
when he pleased She has been committed through the
agency Of the law aud she then the prisoner OF the
public u is for the public good thai she is thus ncar
ceraed ana the only 70 appear here is the proper
legal off of he ccmm1nity.
Reeorder-I think the husband would De held respon.
ebe pecunisry pon, of for any expenses which
might be incurred do think the statute supersedes
law upon the subject which ihr,vs respon
.t1ts fha nta hpIfo n uifaf
Coun ell for M HIf then have my status In court
have q motion TO make move TO postpone the hearing
Of this rt until next Tuesday morning account OF the
absence of enc of the physicsns no Is country
Counsel the other ride thought that his presence
be disposed of before hs testimony could be required 10
this there gross rreguarity. The statute re
qure the two sces 81; together and this constitutes
the Court Of Special Sessions In this sits In
and the her In another and after has signed
be ntmen Il Is sent to another, the convenient, Jus
tee Mech or some o,ner for the second signature
they are required TO 81. together aud make thus dgui
aed and soern tribunal To examine vi nesses orally and
reduce their evidence to writing.
Recorder-f tho two points conceded the other
side ihs, committee appointed required by sta
tUe and also evidence given Of the offers OF the rela
lives charge o. her. shal dispose OF the
without further argument testimony The proceedings
under the statue have been strict and counsel
well see the reason for II without my expressing
IN this NY opn.on, one way the
other II there dispute II these facts my mind IL
FULLY made up upon this question The statute must be
strictly complied with Ns tho, dity to inquire wh tier
has been appointed and whether the relatives
efficiently able and Hing 70 interfere. This "
Jlous aue.tion-one viii n affects especially the immediate
relatives there In universal fes.1g OF adherence to
being tous ncarcerated The conduct OF the
ur band may have been In st-ct accordance with what
he con seved be bis duty that point have nothing
ray, the legality Of this commit nani being the only
question 81 Issue.
Counsel for Mr.. HI intend 70 take The position that
your honor canno, 60 behind the record The warrant
must be iaken s true Tor what III set forth upon Its
ace.
Counsel for Mrs. H-rhs matter could 10, be reviewed
Couns. for ar II there is any fraud a. hes been
the yuauoe shou have an Opportunity 70 an
swer. .
S,dpse for Mr., H-Be will perhaps have TO answer 70
an Indictment Tneu, aga1, this husband knowing thai
the tao doctors would sustsn the nrst commitment
tok her out, tried 10 confuse add dsract her mind,
and got another commitment Supported BY tao
Cousre for Mr. live shall. II the case lie proceeded
with, particularly desire the nrst t~o yscians 70 DC
called. a.. -,
Reoorder-The motion fo- the postpouement 10 denied,
as those scs which have mentioned are cancelled
proved, my mind will be made up and The matter VIII
Counsel Tor Mrs II ~ am ready 10 prove hcm by the
lady brothers, and want lesson TO DC gwen 70 toe Jas
tcey that when they required BY 10 do tnng
wi not for ~ picked up on corner ana
the ober bar roOm but hey must meet together ana
hold eceDuy and In proper order, and not enter
~hiIe ~ping OF he sAin OF the las glass from
their bps - ,-
Counsel for Mr. H-rhe best ~ay Is 10 make an example
OF one.
Counsel n, Mr.. n 1t may be that we may make an
example OF two OF in,m.
In order 70 prove these POINTS Mr.. Daniel Bcrrien,
residing at No loo EAst Broadway, brother OF Ms
aopkins, wa. called AID sworn He testified TO the
ole, $40 Per week for her support and stated that he
had 81 Of money whch ne paid her ntcres
and ha her interest fsners estate upon which enc
now ~ ceived the interest quarterly, vas 5000
After this testimony tai been taken the Recorder re
marked that h. frequently compelled 70 discharge
parties the Pepteptisrf brought habes corpus
srer being co nmued before Justice, and he doubted
whether there would be out of dozen commitments
bu, that be you'd b. compelled 10 discharge " brought
before him on q haoes. II he the kee ~ the
Pepi,eniiayy he would refuse IN thus
there INC blanks ofen not flied properly, besides
many other irregularities The ssrrsnt Of commitment
In hi. case iefecive and there proof
OF the abi and wns Of the relatives of This lady
10 charge Of her, and would therefore be npos Die
10 legally lock her up
Counsel for Mr. H-You discharge her. then, from the