New-York daily tribune., 1858-07-16
THE De RIVIERE SCANDAL.
Pro babie Close Of Proceedings.
Mss sLouSr REcoNc1LED 70 HER HUSBAND
Sic is to Produce the Daughter and Bc.1rn 10 Mobile


Emily j. Blorn. Of Mobile, was yesterday brought
nt ar its cC.s by TIE sensbe decision O. Ws. Bsoult
10 produce the daughter at the earliest moment. and
the two TO proceed with the father Mobile an early
day. How this conclusion has been brought sbou. is
a matter Ct surm.se bssed upon the mesger facts
| which lave been obtained from various The
whole mstter was accomplished at the Court House at
Bergen yesterday during several interviews between
Mr. and ME-. Blount, pending the proceedings before
| Jufge Ogden.
At 10 O'Clock ye.erdsy ME- Blount arrived at tie
| Court House il q carriage, accompanied by Mrs.
Huacke, snd wss received by Col. Blount. Es offered
her iis arm which courtesy che refused accepted the
escort Of gentleman named Stne, who was mutual
frisrd Of Mr. and Mrs. Blount in Mobile She entered
| Il Judges cbsnbtrs where she hsd private inter-
view with her husband for nearly ar hours dura.on
Mis. Bourt was richly and .ss.efuIy att:red, havog
received her wardrobe from her husbsnd the previous
evening.
A. II clock Judge Ogden took hs sest.
Mr.. Rsrson resd TIE followDg affidavit OF Mr.. p.
H. Milford unsel 10 Henri de Ryiere, relative to
the service Of the writ Of habeas corpus upon De
Riyiere
Hpdon Comfy .,-Pbip IL mu;sord sein, aeiy .vOrn on
Capt DE ReIe Geeuo him certain prosecutions bosKrt
By ss sd County I informed dpoasr: ta.i i he h.a
Wit of hets' orps direcse to :sa De RE and hl, be
be- inforned ,s!d sheria that
n. ~, aid house G him I Which the aid .ben and
thee dd fadps .sid o. Ryre at The su.se.on Of de-
to De RvieTe and th. opponent further saith that he had
obtain BON tbe said De Uie fa and ups.- return there
that three fouI hours Of e this The deponent said
him what sherif had DONE and ser advising said De
E IL Is,9D to sra S bsta is .:S @ Win the % qsd
morning for said De RyieIe 10 execute in due form Of a~
ATTEMPTED aud take Of the Safe said De Ryiere
Upon qu hon the Governor Of the state Of New YORK.
and believes at .sid De Rvee dep neui informed
wnred Of The ad intended arrest and e me .ad hote mns
saith that he knew nothing Of said De Dvere having e sid ho
pnrpse Of Savrs The snswer aud rarn Of ssd Dc Rvsrs
spd John Hureie the derd executed when deponsu.
psced nh ns v5 dPd1, s pSs s be n % , bs M a.. d E
a oend h d'' moi 'n'" where H.
aswOru and subscribed July II 1853
M DAYTON OGDEN. Justice.
Upon their sfidavs ard that of the Sheriff, already
published, Mr. Ransom moved the issue of 40 attach
inert sga;I 81 De Riviere fer not making retain to the
wit. The counsel regarded the two afhdavts as
showing a sufficient service OF the writ upon De
RivieYe.
Mr Mulford said that this defendant was induced 20
leave tho hotel for fear Of arrest requs,ion
issued al the Instance Of ca. B0unt. and while the
preparation Of the return was pending 10 the writ ot
Blnunt; and that there no disposition on the part
of De Riviere 10 be in contempt of the Court.
Mr.. Whiting coDtended that DE Riviere was either
within the jurs6ct OF the Court or not; and that,
il not be could appear by counsel, go long es be
was in contempt but if within its Jurisdiction, his
council could have prepared return to the writ had
it signed ard sworn to by De Rvere, ard placed be-
fore the Court in his absence.
Judge Ogden sustain ed the motion for an attach
ment ard ordered its ISSUE He said that TIL, was no
longer matter between Col Bioupt and Mr.. De
Dix,iav hufh hotU Uae Rly6r0.
be should hold the Sheriff to strick accountability
for the performance of his duty in the execution OF ths
mandate Of the Court.
Mr.. Richard F. Deming, in behalf OF Mr. Huncke,
sad that certain witnesses had been subpenaed to tet
fy against Mr.. Huncks and convict Mr. Huncke as be-
ing an accomplce of Mr. De Riviere in the abduction,
or whatever crime ne might be charged with. lie
should stject TO any evidence being taken for this
pupose on the ground that the traverse was so indef
mite to form basis for az ISSUE The hrst pare
esph Of the traverse had but little to do with the mat
ter in any way. The only affirmation In the second
paragraph was the statement that he believed and
hoped to be able to prove without stating the
groubd Of belief.
1t was principle in law that the issue to be formed
was the of the quality and qusntty OF testi
mory to be ntro6 uced. Mr.. Huncke was distinct and
explicit in bis return to the writ 1t was proposed IN
al swer to the positive return Of M. Huucke, TO &C,
cept subtle and adroitly drawn denial o' skltdi
lswy or in framing the iss sue. II testimony was to be
taken he said the petitioner should be compelled to
emend his answer so that he should swear to some
thing definite and positive in the traverse or ese that
ell rambling statements be stricken from the traverse
MY Ransom said he regarded the traverse ae
formal matter-a mere general denial Of the state.
ments contained in answer, and that in the State OF
New York written traverse was not required.
Judge Ogden-In New-York they act under
statute. ,
MIR. Ransom said that in common law party could
be called to dsprove the facts contained in an answer
without Traverse beng put IN, and he cited csse
in 80 Mason, 49, in support OF this view. lie had
been unable to find q case where written traverse
had been required .
Mr.. Demipg said tbs al they wanted was speehc
or general denial TO the return Of Mr. Hurcke but they
did object to the petitioner introducing rambling state
ments not in denial of the allegations set toItn IN the
return, but outside of Il.
Judge Ogden decided that the traverse was sutii-
ctnt and valid.
10 hearing rpon the proofs, when the usual recess
was taken for dinner. During the m)rning Col.
Bount several times vsited his wife in the Judges
ChsmbeIs and the frequent exchange OF worcs De-
tween counsel client and witnesses. in dife-en. parts
of the ROOM indicated that something important a.
TO traDspire in the afternoon. 80
At2I O clock the resssembling OF the Court, Mr..
DemiDg held brief consultation with Mr.. Ransom,
after which he and stated to tue Court tn6t oy
an agreement or stipulation between the respective
council, the case was to DO continued uLIl N onday
next and ths. in the mean time they hoped to enter
into such arrangements as would be satisfactory 70
both parties and render further proceedings Innecss-
ssry, II not, the case would then proceed.
Mr. Raosom stated that BY this arrangement they
thought they would be able to get at the nfornston
they desired without troubling ths Csur TO examine
large number of witnesses. There was prOspscto OF
succeeding without the further interposton Of th'
Court and they desired te avail the nseves OF every
means TO get the custody OF the daughter.
At the close of the proceedings MIS-. Blount TOOK
the arm Of Mr.. Stins at the deor q the Jacge
/ I'LL 49, ~ fA