The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-03-24

ther abe was restrained Of her liberty.
Judge DAVIS replied that Miss Boxer or Mrs. Dean
seharsVd she might 90 where she pleased an the
Cour. would see that the order was executed
Mr. spencer ipnasd sI.t hh Honor would az an: my
insured his Honor that he hs speAker) doubt
ob,ervssD Of oOun, e which vas By
the officers OF the court
other matters in the rctarn which were extra
peeus He answered every paragraph in its regular
Jucge Davies remarked thst the facts stated In the
retsrp we're admitted by demurrer, the Court had no.
hing to do but to hear the suggestions OF oounso and
pass upon the writ II the matters obtained 10 the re-
turn say h necaasary 10 take proof ard examine W.T.
pesses OF course thai formula must be gone thr0uGh;
but be understood the main upon which tho Ia
beas cfpus issued V denied And all authority or
control TO restrain this lacy was repudsted seemed TO
him that only rested with the Court TO permit ner 70 80
where she pleased The order OF the Court therefore,
viii he that the writ Of habeas corpus be discharged and
his lady be set At liberty With leave TO 60 whore .ns
uonrt will see 'nai tn Q order Is executed
Here the audience atem pied TO manifest their appro
nes.'ion nc Of Gf fsens were %%.dste supors
Judge Davis he only matter that II before the
s'mt . the disms'sl OF the njus oton
Mr. Edwards thtn procs eded 70 read the subjoped a
dhvt OF the Rev Mr.. Hatfield
AFFIDAVIT OF Rev. MR.. HATFIELD,
oy %"s S" e Ne re- %a ics we,, street.
SsS That @ e 90 ss
ruary isst mar calling hmsslf John Dean stranger
70 house he wished TO be married
e
said Dean came about Saturday morning and
stated hat hs under the neces sPoning he
o'cccf hen made the ususi snqutiss of him 70 the
ss sns he 81 s Of
O n IN Shs he said he could ps Re
from hsf past zen al ONE oc ock. but bey came no.
smsn and that the young living
S.: and %ols n Ss s
they would come on Wednesday morning
with said person calling himself Dean the SANE wSe stood
up @ ss s wa: G g ses
hat the female was service German SERVANT girl and
ns o"S sn he %sn 10 ss
had better be married in the front bssement-the dining
Yhsy came on Wednesday about baltpsa twelve O'Clock
al
cav. BE s - an nv ''
~ an: sSs @ s sss
VI 1s lived The M given a. think through
orn nom when % SAID Dean came to me and
ss
sa II what se arau
gG paid butlue a,eatoq to her features and
5ssn "a :ess.sSssy n :fi: ssis,.,i
od down ~ he
s ne me- hand was held y nine he paid
that the GIL was little dshcien'-no' as inelse as the
20 eouvs-ssioo with b.sa sScs' hsyss sought
fed BY Catholic priest or declining Rf% x 1s r on HATFIELD
before me. JONI 8. AmEs, Commissioner Of Deeds
MI Charles EDWARDS, counsel for Mr. Boker, th"n pre-
osectd, IN lengthy Argument, 70 maintain tess MIS-
3oker Mora ly insane al the time the marriage Vas
ro' sun mated; that % Dean vent under the assumed
Of 'Deshn" ,be marriage vas invalid and tnst q
hsrc was no cohAbhsaoA the marriage Was not legally
reD,smsD In cou+. sad nst tho Ir.sb spelling tho
word Dean vas Deahan, and u the clergyman msds
ui,tab ,hs defendant WAS not 10 be blamed.
Mr. Spencer 'ollowed briefly In behalf OF hh client a.
vas per soy legal and thai the lucky John could
and would support her with his own night arm.
DECISION or JUDGE DAVIS.
Judge Davies rendered following decision which 10
. hahn report
The only question remaining 10 thu, In reference 10 The
dssouiies or continuance Of the Injunction, which has
seep fled by Rr Boxer TO avoid this marriage two
grounds FIRST the marriage contracted by the dc
PENDANT win his child she being Of mad at tbs
time the marriage contracted; secondly upon the
erourd that the marriage va contracted BY force used
pon ber or by fraud practsed upon her. either Of which
grounds made oct and estabnhsd by the lss OF this
.vSs he ,s Ss,.
though mad not taken place All the Oour has
70 determine whether, fFoa the fAcs before the
court snher Of tnese erounds which the only ones
-hick should authorize this plaintiff TO come into this
obtain siansipe here, made out 70 the 81
nsbess corpus that been dsposed or the lady
liberty, she has been rs'ramed Of her liberty.
EEL QUE 10 the parties In this case 70 say, and due 70
inr pubic 10 say, 10 whom l avn responsible
or tho administration o. ny da'y, tnat by
he arrangement apo consent OF thm defendant,
sne by the counsel hr Mr. Boxer and defendants coua
.e ave had several In erviewa with this lacy myself,
(ss my duty, occupying the position do) 70 see
.eI.ves 10 ssy thai .Ss has uniformly stated o me .bs,
he hiss been restrained. And also feel inoum
upcp to That n that copnooson sas ha: also
Aof hey N I'M n
nd yin; tina, the defendant hp used no means
.h CD honorable would not have used under any
The urse my life have net With few ladies OF %
much int Issnoe much deiicacy OF feeling and pro-
Su"e. .S q. owed % her parent. and ins duties
sGcb ste o.cd 10 bcr Own tree chosen hu'band-th
It's ccrno, bstwcen those duties which has given Der
pan anxiety and asitsuon which has been alin ed
II hes bern EFFORT on her part 30 far - have
abe dscovsr TO reconcile toe affection, tne love,
ss, Of sr ana that higher duty which she does owe aud
vhh she feels pbe 10 the HON she has chosen
y,.If.s 70 chs. o.. ccs.p should Be my duly 70 maze
4 her n she rcstraaed OF her liberty thu, these
uiervie-s have been hsd Was FOR The purpose, also,
| Of Ifofmng myself ~ my own personal Observation,
a. 70 The oorec uess OF her uusoundness
Of mind and whether his marriage had been coauscsod
~ rtssn Of any force used her aay fraud prsc
a,d upon her; and not TO rely, I ought
cs,e o. much moment 10 this, upon the Impressions
=, al Win The oopsens Of counsel Of both parties
,pree o. the most eminent physicians OF tns city
ic.i my duty 10 ray further that 20 fAr - AnyihN
ass fallen under my own observation, everyt mug ms
he, Conducted by coursel with the hshcst degree OF
| profess psi respecaony. say I called TO my aid
,hIes OF The most distinguished physicians whom sup
pne,d nost compecn, by pessoui observation, oy per
co. conversation and by frequent Interviews W satisfy
them, evs upon both these po,nt' The report OF thai
com es on has read, N not necessary for me
70 sco anyhi.e In reference 70 the character OF sne
gentlemen; uey are vel known 10 the community;
/ lb'r opinion must carry entire weight with " and
/ o. m rsrd the utmost confidence q every msu Who
.torv rssst win The standing professional e.perenoe
an lory observation OF this peculiar character
| o. tie gentsn who have favored me with their Cd
sice ne Of the land Recognizes marriage solely
sno SIMPLY civil contract Both Of tncse 90 trsong
csrs the defendant and Miss Boxer, are OF legal sse
5rtIg here tc administer tbe law, have nothing TO 90
with ibe eisiop euner party In this matter ,ney are
pb ,cr IN able their Creas,v and not 70 any human
tribunal rot here 70 criticize the rituals or obsef
ysrc.s Of am pArtcnlsr church, enough Tor mo "
srow bat tbse payes were OF legal age capable OF en-
eripg into and making The OWL contract OF matrmony
N csch we're OF sound mind; no force or fraud sss
| prsei,ed upon either, legal and valid marrsge,
| ,phout reference N the condition Ia society or the
,sb or the Disadvantages OF either OF the parties. In