New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-07-25

r. Hopkins within FAMED PLACED iu hi. ;es 7;s
=, ,.ns s,.nSrcsS and VIM s. Dawson. Police Js,tie,
.opy which commitment hreuno annexed ths. aid Ma
sy her bu.Sa On tie sch dsy Of Jay inst aud was rrnel
and N.% on ne n s y Spn sns w
Police Justices and tina. said Mar T. b. Hopkins stu IL
his care as an n'aae person BY reason :, d RSoWS
Mr.. Graham then read the following
TRAVERSE TO TIRE RETURN
Jane. l. B.rrisp the petitioner for above AIMED wr: in
opposition TO the return thereto the allegations Of the
p,,on' for the saa writ in relation to the pretended commit
In relation 10 the pretended commitment Of July D. 1857 he
denies upon HE information and belief he trud Of such aud
every one Of the 70 the concnnent of n.de
lion upon the mssyse Ta1 m HH e same ana
by reason of such sesed insanity far disodered in
s .. cssr ssd 90 at % H
nies that the said magistrates sat together ans a. In the
!.S%%%sn, OF that the psyci.s
ssaccd 10 s %as and aa ss report Of
ss PsO s and @ sa Soun ns Of y
sI thst .ny Of the requirement. Of the sute in this
spec; complied with BY the said sgs,es he father
Pose tho lat mentioned Of toe person OF the sara
,Ss aid con3i%en he further insist. and ayers tina, the last
mentioned proceedings fsudulcn and taken aud
Iu and cbsnsns the custody ssil Maria f. B. Hopkins
ss. the said writ might be Imperative and h; deel a haF
ard that Of the magistrates was notified of the intention 70
July 1857 aud promised the said petitioner that he the
ether aions Of the said Maria E. b. Hopkins should have
subsequent proceeding CT any should be instituted against herr
:houd BE sanctioned By him The ssd mI: t.
S % Of 5: S TO Of New
other relations. Of sufficient ability provide suitable place
for her confinement and eonfne and maintain her II uch
iSs CITY Is q the Of Of
said ty and that her sdmother and other relations are VII
. S sas 70 BERa e a'
After The reading of the above, MIR. Graham applied
Co. all 1,aAA &c ..
husband had in the course of a year obtained three
compliments AGAINST her. She had been illegally de-
brived of her liberty, and Justices Flandreau and
Mech thod be indicted for their careless manner IN
granting the commtments.
Mr. Ashbel Green here arose and said that he wished
the postponed till Tuesday next as he had wit
ness present out Of the city and whose testimony in
the matter was Of the utmost Importance.
Mr.. Graham was opposed TO Mr.. Green having any
thing to say or do in the matter; he had served a
notice the strct-Atorney of his intention TO argue
mis- hsbeas corpus and he thought that the Asylum
institution belonging to the public the District
Attorney was the proper person. lie was willing TO
hear the gentleman matter of courtesy but not OF
right. Mr.. Graham then went on to argue in support
Of his motion for the discharge of Mrs Hopkins. lie
said that the marital right of the husband gone
the msmen Mt his wife became insane it was her blood
relations alone that must cherish her-her mother,
father brother and sister, alone possessed the natural
love which was to be extended to herit could not be
expected Of the husband.
Mr.. Green, coItended that he was present as mat
ter Of right and duty. He disagreed with Mr.. Ora
hams statement in relation TO the marital rights of the
husband ending when his wife should become in
Rane Marital misfortunes do not separate husband
and wife,
The two lawyers then went on alternately, aud
argued the matter at great length from which 1t ap-
peared that Mrs. Hopknss relatives were able aud
willing to take charge of and to support her without
the necessity Of her being put in the Lunatic Asylum
The Recorder said that the fact must be established
as TO whether her relatives could support her.
Mr.. Graham wished to prove the fact beyond ques-
ton. He placed Daniel Berren upon the stand, who
being sworn testified that his sister had considerable
means Of her own to depend upon; he had called at
Mr.. Hopkinss house last week. and offered to provide
and take OF his sister; he offered to pay $50 per
week for her support.
Mr.. ID. Berien being sworn testified to nearly the
same facts.
The Recorder examined the commitment and stated
that be could not do otherwise than discharge Mrs.
Hopkins from custody. By the buZzing of voices
around the room this decision seemed to afford general
satisfaction to nearly all present The Recorder stated
that the commitment Irregular in consequence of
there being nothing in it which referred 10 the stat
ute under which it was made. He said that he had
numerous where, through carelessneSs on the
part Of those making the commitment, he was forced
TO discharge notorious rascas who deserved to be IN
PRISON.
Mr.. Graham stated that the commitment had
been made out in this by two Judges supposed to
be sitting together, but one had signed it while on the
bench and the other in room above stairs lie
wished it TO 90 abroad that he did not recognize the
validity Of commitments signed by one Judge in
porter-house and another down the street on corner
Some excitement was here created by movement
near the door, as if the husband going to take
charge Of his wife, The brothers seemed to think so,
for they asked the Recorder if she could not go with
them. The Recorder replied that all he could do YVES
20 grant her discharge which he was in duty bound to
do but afterward he had no jurisdiction over her.
Some one suggested that she was insane, when one
Of her brothers said that if she in his charge
three months he would challenge any one 10 believe
any such thing.
lady here stepped up to Mrs. Hopkins, and said,
"Who do you want to go with g For moment
after the question was asked a GREATNESS stiffness
reigped; but when she answered in calm clear, but
chiid-like voice, II want TO go with my dear
brothers." the room filed with applause, and
more than one hurredly wiped the tear which flowed
unbdden down his check away. The Recorder stated
that he would see that Mrs. Hopkins was protected IN
her desire to go where che pleased.
Officer Lowery then conducted Mrs. Hopkins and
they Their brothers TO the carriage at the door, and
were soon driven out of sight. The crowd dis
persed and much satisfaction was expressed at the
way the affair was concluded.
Meanwhile, Mr.. Hopkins was still under arrest in
She Recorders Office upon the charge of assault and
battery His bail was fixed at $500, and his surety
soon arriving, he was permitted to depart.
EMITTED STATES DISTRICT CoURT-JuLY 2L-Bsfore
Judge BETS.
DECISIONS IN ADMIRALTY-coLLIsIoN BETWEEN FER
BOAT AND ANCHORED vEssEL-FoG.
Robert L.. Lane et a agt Bedford.
This was libel filed by the of the schooner
d. Lane damages occasoned 20 her by col
with the steamboat which occurred the Wall street