New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-03-24

soo, sny necessity tser-fof ana the eoa.es Of A. iai'
be- eyf n rast % from ib sau . Of Of T . h,F'
her and .l watched necessarily BY the poo.; ,sd
ssu.. 70 b. Al obje. pointed AID observed By lo,.
~sie a. ote Line va ~ were oe.es~; - -
Upward OF s2yes- q and b. in-'', h,; Ia thu.
keepns the police sbou; the p>itieu watching Of
hoG,. ,sO EIest outrage 90 TIE Hsbts OF . citx-u
And this sPp-Eer while "a rs that Il soEe respects b,
sad daughter b s; b. insist, that II relation
times embracing the nsef Of ;he alleged marriage ale sn lot
IL her ribt mind.
denies from ~ Aforesaid, and from ~
be to~s and hu been informed that his SAIL daughter
lEufu uiie Of ;he aid petitioner
said daughter IS no- with him. and ". vita hn Z. toe tine
tie EteIed wit Of sbeA. ooPu. ~s .aed o.. NJ say. taA'
away. lived rh and been supported al pr1tr oy him.
IN odH cases bet~e'n pAIe2t and ch .nd a. ihe .aihoy
orsd b. Construed ntoAn inp,sorment and ..tro
only through nj, affection and position .he AID
..y.iha, the eroup't.nee. to The Of the
who took ps 10 such seged marriage las bn3-Eoou
only directly under lis observation within ne a two d.y.
Subscribed aud 70 BY the said John g. Boxer
City New York the 1d lay q MIeh 1851: Before
JOHN = AnES. Commissioner Il D els
Mr. Spencer-I suppose. in the first place hst II il
necesssry for this petitioner TO travere these mat
tets set up in this return and this will proceed 10 do.
Then uesnuch a. apon the face oe these papers
there is contradiction 10 The facts between US and
nssmuch az We sll that up 10 the time this wri,
of hsbess corpus allowed, this young lady
restrain I'd Of Der liberty, aud nssmrch as repudise
most fully every preteIse Of fraud set up IN that return
we han require witnesses for the purpose Of ets5
IL hing or allegations, Capt Mckee who is confined
10 biz house this afternoon by rheunstisin,
the Rev DR.. Hatfield whose presence be obtained
at any M ment, Mrs. Boxer, the lady of this gentle
man who makes this return, the gentleman hm.elf,
her sister Mn. Funcke, and, above all the lady her
,en whose decision e. to whose arms she wishes TO
cast btrfelf We are ready 10 abide at any moment
We wish tie lsdy herel TO 90 upon the stand and ssy
whether she is restrained or not If she Is not, We viii
dismiss this wrt Of habeas corpus, a. the young lady
"a ~ eh il 4
pleases.
Judge Davies-I understand tina, they do not claim
TO have restrained her of her liberty, but they deny
that she IL.
Mr. Spencer-We claim that she is restrained.
Judge Dsyies-If she has not liberty to 90 where
sac wishes. the Court will tina. she does have it.
Mr. SpenCer-f your Honor will meet a. any
place you have mind to- and tell the young lady that
She is at liberty to 20 where she wishes have not
muth doubt as TO where she will 60. Applause which
wes with difficulty checked by the officers.
Judge Dayie.-If the matters In the return tca-
versed and denied 80 that il becomes necessary 70
take the proofs OF that formula will have TO be
gone into. But as the msn fact s denied, and all
authority control or right to restrain this lady re-
pudiated II simply rests with the Court, it seems to
me- TO permit her TO go where she pIeases.
Mr. Spencer-If the Court will make order OF that
kind | will be satisfied.
Judge Dsvies-I shall order ihs, the writ OF hsten
corpus be discharged and give the lady permission TO
90 where che plesses. Mr.. Bartof the officer of this
Court will that the order is executed Mr.. Bartof
bowed with modest deference The only MISTER nov
pending before the Court Is the motion ier the dlssolu-
tion Of The Injunction.
Mr. Ed~sids-Will your Honor be good as to
consider the return | made TO the h1beas corpus as
again read in regard to this motion have In addition
to that only TO put in the affidavit Of Rev Dr. Hatfield.
Mr Edwards then read the following affidavit OF
Rev. DIR Hatfield:
CITY and Comfy or Nso York, 81" Edwin = Hatfield. Of
No rs West Thirty fourth Ne-iork Minister OF tue
Gospel being do make oath aud That Tuesday
the lh day OF February a' man calling himself John Dssu
auet 10 nv
the following Saturday between and u IN
then ~ home, which replied in the affirmative The 'ad
about 10 o'clock Saturday morning aud stated
1Ii the floWns Tae.day 10 and p o'clock then
made the usual inquiries Of INN - TO the names nativity aud
correctly Scep the se and number the hoq'" OF "a. ieu
which he said be could not remember or cd not fno On
Tue sday remained home from l0l TIL O'clock but they
came
usn called aud stated hst the young woman ~s' living IN
,enteman family and that owing 70 the torn on Monday
they would come Wednesday morning
with sAd person calling himself who stood up
with him He me his nsme A- Jane. w Lynch 49,.
From the representation. thus made was led TO believe ns
female at service German servant on sna MA n1
as they only and tie waking !. bad they had better
be married in the front b.'emen-the dunn, room 10 ,
Thev came o. "Wednesday about III o'clock On gong
down nom my study marry them, found the said person
calling himself Dean and young Somon
NE their as James w Lynch and Mar he2hey "y
NJ. Bot,r where she was born and where she lived The
answer sisen think through the said Dean Having
oil the ueedu Inquiries and believing me case 70 e PEI
was .boa to perform the eee hon1 when os
said Dean TO and "ked they coal1 De Sone IS ae
young woman was rather shy or words 70 tnal eheci ~
ian y then matter Of course, left the room sni try
were married in the uiua form She attired IN wh
seemed to m- the ordinary dres. girl and paid
little 10 her features ana appearance save 10 SEE
,sts,.d vent up to my study ceftde,e,
AID brought it down When went i9t9 he room oo'.Iysl
that the Young hand held By Dean lie paid M
f,e and they eh The impression ef, on my mind wa.
that the girl wa. little dehcen-no' as intelligent a. toe
lhew ncthns all Of religion Of the parties and h,d
pocny.ron with Dean shout bis having sought to be
"'d Oy '''NO'' p''''' u EDWIN = HATFIELD.
s%SIn the HMEs sn s:s S' i
Mr. Edwads-I have no doubt thst YOU sir, aud
many here can understand how difficult il Is t. sustain
a plea of insanity where il ay in only one small
vein however usfodunate in It's result that vein m'y
be- If you trsce il out your Honor Viii, ain sure, iee'
with me that unless family had some proper
motive too for starting pies OF INSANITY u
would never prefer for although crime, although
misfortune, ard although suffering OF all klrds may
cone upon family, insanity - TIE last mat
family will have fastened upon IL / say this
as some explanation and also good ground Tor the
we have taken and ask of your Honor 10 bear
in mind that know as professional men, through
edis juTisprudeLce and from parties whom we come
across in the street, and whom meet In the houses
Of frienos, IN whom we see no marks OF insanity
and Of wtom resdy 10 lay they are not lbs e,
YET we 90 know thar the idOsyncrace; Of the mind OF
party when turned in a particular dirtctl9n we know
that that person is insane. Aud when you look al the
conduct OF this woman, with all the circumstances
surrounding it, still say with great respec. to your
HoDor's suggestions as 10 what these commissioners
have found, they cay nov upon the observation Oh 81
hour or two, that che ia net an insane person and
though shall bow TO that decision, yet / still say
with grest respect, that il does not meet the
yoiIt whether that young woman wa sane IN regard
TO this matter 81 hst mar1isge. 81 fer as the faulty
is concerned my instructions are 10 make this return
that YOU may see ais matter in a.. s bearings AID in
what her father has Done sustain him, snd while be
hes done everything father could GO for his uufor-