New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-03-24
The ROMANCE In HIGH LIFE.
ARGUMENTS IN THE BOXER CASE
DECISION OF THE JOOGs.
THE HUSBAND GETS HIS WIFE
EULL PART I & u l. a X >.

Po,osnce AID sentiment have rumphed al last over
parer tai authority. The upper ten has struck hsrds
with the lower twenty with the sanction Of justice
Judge Davies has decided that John Dear shall have
bis wife, bots fourth story back looms and the stern
dctum of fatheT-naw 10 the contrary not Withstand
i1g. That precious portion Of the public which
exhibits signs Of vide awake nobility when the
breath of scandal breaks the spell Of the Codsresm
etnui that half the time holds them pOwehess aud
makes life to them negative quantity must az fall
tito moral lethargy until something else turns up.
The vestbule Of the Supreme Court WAS again
crowded yesterday afternoon. BY half past 3 o'clock
it was with the greatest difficulty hst one could get
within the entrances and all the available space 10 the
Supreme Court Chambers where Judge Davies has
been sitting during the month, wac occupied. The
General Tenn room, where 1t had been arranged to
Tear the case though well guarded within, WAS almost
neglected the fact having been kept from the
Of all except the parties and the Press But the d,cov
cry of Judge Davies ascending the stairs few minutes
before o'clock caused diversion in t'st direction
on the part Of the crowd, and as m,ny were admitted
as the room could comfortably hold. Neither Miss
Boxer nor any Of her family were present. Her alb
sence, it was subsequently explained was by agree
ment between the counsel Mr.. Dean was seated with
his cour sell Charles S. Spencer, while Mr.. Boxer was
represented by Charles Edwards.
Order being secured Judge Davies ssid: Since the
application was made ~ on the 18th inst, upon
wnt Of tabeas corpus, for the delivery OF this lady to
the gentleman csirniDg her her husband in pursu-
ance of the ned upon by statute issued
an order three physicians of this city whom deemed
competent, by their emiDence, capacity and fitness,
to determine upon the sOuDdness UnsOunGDess of the
mind of the peTeOn who il said to be Illegally detained
There gentlemen have discharged thei, duties IN
manner which entities them to my thanks for the care,
fidelity and attention which they have given to the in
vestigatoD Of the subject. They have given me the
resnt of their examination and deliberations which /,
in these words:
Judge Davies proceeded to read the following state
ment of the commission:
To he Hon. HENRY DAVIES Justice Of the Supreme Court
March 1857 the Undersigned practising physcsns in the
City and County New York have visited Mary Anne Boier
srset with the view of sscertsnns whether
said Mary Anne Bher otherwise called May Anne Dean
After careful Ton the part Of the coun''ou repeated
,s the unanimous opinion that no evidence
bss been that intellectual faculty i'm
paired that mental unsodnr ,'t' II me OF the
said May Anne Boxer, otherwise called Nary AnEe pa
BEHJAMiN oGDEN, M. D,
M ii. RANNEY, MD.
Nev. Yo,k March q. 1857.
it's an element in this case which thought to be
INV duty to be perfectly satisfied upon, a1d selected
ceremen without any motion of either of the parties
In the case whom | thought most Competent To cor
ectly inform the conscience and Judgment OF thus Court
as TO the proper disposition TO be sde upon the fact as
they should find II. am now prepared ~ neai auy
suggestions in the case.
Mr. Spencer-At the time this matter was adj )urred,
for the purpose of having that examination made, II
wns with the standing and a3reement that
that report, whatever it might be, should form por-
ton of the papers upon which any proceeding wh'ch
was to he bad should be bssed. obtained, a. your
Honor is aware, order that these defendants show
Al -. cd nu van ON
The Gaze commenced by John c. Boxer a. guardian OF
THE young lady, lin which be claimed to appear aud
cue for divorce upon the ground OF her ILL.,
sanity restraining US from 50, any sde the
affidavit upon which that order OBJ ainei, the
allegation set forth that the young sey Vas perfectly
sane ] now move upon ths athdavts which L
originally placed before your Honor, and upon the
report Of the pbysic ans which your Honor has just
read that the Injunction issued be set aside that this
party be longer restrained In interfering witn hls
wife. That if my first motion and then, inssmuch as
these things seem II ming led with ca b other,
ask that the gentleman make return TO the writ of
babeas corpus in this csse as 10 whether this yo1ng
lady is restrained of her personal liberty so that II my
frs motion succt cd she 20 wherever she please.
Judge Davie.-I will fist bear the case on the writ OF
h8beas corpus.
Mr. Edwards-I am prepared to mske return on
that writ, and also prepared TO NEE the matter OF
the motion. This is the fist time have had chance
of saving word When was b re the other dsy, the
whole matter was adjourned until TO day.
Jucee DayiesThe frat matter will be the return on
the wit of babeas corpus.
Mr. Edwards read the following return OF Mr Boxer;
THE RETURN OF JOHN &. BOXER TO THE ANNEXED
WRIT or HABEAs CORPUS.
The John Boxer hereby appearing 10 the said writ.
that the rerred to IN such wit and in the petit.
tos whet.on is ounded has been Imprisoned BY hn a.
No lS5 West T~euy second street Newfofs or e'ewsere
eves that the calling himself John Dean he petitioner
herein, duly married b, the Rev Dr. Hatdcd minister
OF Presbyterian Church To this deponen daughter called
petition Mar, Ann Bsser but this AppcAer Ayers from
he knows has been informed aid believes snd a. be expects
Of had the presence OF the SAID Rev
Dr. Hstd between the party called Mary Ann Boxer and
John Deehsu ths sirsud pTscsrd
on the said Rev DR. Hatfield aud be deceived by through
OF the said petitioner into the belief that
tlis appesTri's said daughter servant sr then a.
service whereas she has always resided win het
iAher this App-sIer, and who is resident citizen and
merchant Of this city and has always bad suent means -
Keep her from the necessity OF such service tha; sae mas never
perform such service but has had the best class Of education
with all proper accomplishments for sentewo mAu aud the
advantage asociAing the respectable citizens aid
X better she wSs not servant gr than the SAID
petitioner from the tact that be himself had been servant III
til. sppeATes family being di'chsred ther-iom on the sih
he had secretly, and before the tune OF such alleged msraSe
ceremony gained improper influence over the mad OF the
had without he approval knowedge OF this spP-Ser or
ct any OF h' .Ay also thai # thc said AIrisse ony
ld tske place hsd hen the sdd daughter
tally and bodily stree agent % cspsble free action
And tbs sad John q. Boxer further that from ST be
knows has been informed and believes deass that his
counsel requested AL interview "la the sad pct neI iof
the interview bad BY nd through TIE SUGGESTION 4
the pet.tiouer'. counsel taking the offs .o
pef Also thai whatever interviews there
after hsd allow 81 were hsd vito 20 ten porize
h.yu reference the sae OF heah Of uod aud body
ssd c,ughter ALd that sudden a,tsu. hl~eyer u-
Necessary should BE- had Ay cause shock
IT, IA ,rpe.rsr denies that be- ever offered or authorized
abr Knows has been doe. DE a~ry- MS coin'e
H. rr.f~a IN frrrr