The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-01-22
The Bride OF an Hour-The Habeas Corpus
for the Custody OF New WHO
SUPREME COURT-sPECIAL TERM.
I,,dua Q.th

for the Custody OF New WHO.
SUPREME coURT-sPEcIAL TERN.
Before Hon Judge Sorheriara.
JAN. H-In the mater Of TIC application Of George
Taylor for the >Ssody q his a!sed oiferns miserable
little chamber vas densey crowded. az on the former
hearing Of the writ Of habess corpus principally by young
men who consider the matter very good piece of fun
AZ about half past O'Clock Mr. Busteed, associated
with Mr.. Mathews moved this case on.
Kr J. N. Barbour appeared as associate counsel for
petitioner, who claims that hs wife is restrained by her
mother.
Alfred Shegogue, who upon the last day, was
called 10 the stand by MIR. Sears, and asked
Q. We're you present the marriage between Emma A.
Hawey ami George 1aylor2
This was objt cted TO by Mr.. Busteed. It will be
recoected that the Judge upon The last hearing Of the
case upon the objection Of counsel for the respondents
ruled immateria to the issue the question Of the
marriage between the parties
Mr.. Barbour, on being asked what he expected to
prove by the examination, stated that he wished 70 show
that the had resided with the mother of Miss Haw
ley and that her mother had refused her consent 10 the
marriage and had, after the marriage driven Taylor out
Of her house, and he insisted that competent within
the of Barry Merceine in Sd Hill to prove the
marriage for the purpose of rebuttng the right Of the
mother against the alleged husband TO restrain her
daughter.
Nj Busteed argued length against the Admissible
ty Of the testimony referring TO the previous udcaton
Of his Honor udge Suherland) the same point, and
that nothing had since transpred upon which to base a
different determination He referred to the 42d section
of the Habeas Corpus in the Revised Statutes
sisted that the first vision of the was that
which must govern the peadings in this proceeding and
that the fourth sub division Of the section referred
only to in which prior subsequent custody
admitted by the return and the change of that custody
averred and that Mr.. Mathews who had prepared the
return had inserted the negative allegations to trans
fer merely for the sake Of greater certainty; that
the matters put in issue by the denial to
ny could be adduced that the only issue presented
or claimed to be presented by the pleadngs was whe
her the respondent had the custody of Miss Hawley
under her power or restraint
Judge Sutherand-Tha, s true, Mr. Busteed hold
that is competent to issue writ of habeas corpus
certain whether any moral restraint is exercised by
respondent over her daughter.
Mr. Buseed-wh great respect utterly dissent from
the proposition advanced by the Court that this writ can
be used for any such purpose The only restraint which
the law contempaes in this connection is physical does
not deal in theories but in facts The writ ouly be pro-
secuted in where q person committed detained
confined restrained Of their liberty" Whatever the
preteDse for the restraint it must actually and physically
exist before the writ be sued out and challenge the
learning Of my friends and the experience of the
cite single since the enactment OF the statute of
Charles in which was held that the writ is applicable to
case OF moral restraint If man be unfortunate enough
TO contract marriage with woman whose parents
else as against her husband unhappy influence II
Of the evils which no legislation reach and in
genuty avert but the law will not suffer this great pre-
rogatve writ TO become moral search upon
behalf of any The writ Of habeas corpus is the
prisoners writ and his alone; and il your honor laws
down the rule that il be resored to in of merely
moral coercion the courts will have TO abandon all other
business and attend the discu adjudication of
nice questions OF casuEtry.
Judge suberlandI did not moral restraint in the
which you use it, am sure not understood
So used the words 'mora restraint in their phosoph
cal sense.
Mr. Busteed--I understood the Court; what / have
said proceeded upon this aning and certainly is
unanswerably applicable TO a of philosophical re-
sraint Morals are more tangible than mental abstrac
tons and surely will not be claimed that writ OF
babeas corpus was ever allowed TO inquire into the
Of an alleged philosophical detention or restraint
Judge Sutherlad-What will you do then with boys
brought up here habeas corpus who have enlisted
under age2 Would you call their detention physical
Mr. Busteed-I certainly do cali ply scai restraint,
and nothing else. To be they away but the
chances are that whzzng bullet may stop the desert
ers fight, and nterpose very decided anti philosophical
restraint upon his attempts at escape.
Judge suthcrand-I shall decide allow the testimony
strained by the command Of person other than her
husband, and II they prove actual marriage right
Of the mother TO restrain the child was lost in the higher
authority OF the husband.
Mr. shegogue was then examined on behalf Of the poti
TONER and deposed that be was present at the marriage
Of Taylor and Miss Emma Hawley; know ali the parties
to the proceeding; have known Taylor year. and the
others two or three months the marriage took place a.
2I2 Ninth street. there were present Miss Emma Hawey
George Taylor, W. Sterling Yard, aud the clergyman
Frederick Hemmipg, and myself; Mr. Taylor and Emma
stood up before the and pronounced the usual
O. what else took place relating to the marriage9 A.
After the marriage they left the house in carriage this
Saturday January 9; this is the certificate OF the
marriage. Already published.l
Cross examined-I am not married; am 20 years
old. O. What does Taylor do for n livng2 (Obiected
to- O. What was Taylor's business, as you know A.
He was a clerk Q. With whomp (0bjected to, ruled
witness oon,inued-I was introduced to Taylor by a
friend Of both partos residing on Greene street. in the
house Of Mr.. VIM Crick, 1o5 Greene street. about
year previous 10 this; my brothers both married;
Mr.. Yard lawyer, believe, and a clerk OF the su
preme Court, in this district; have known him some
months; have him at the store Of Mr. Taylors en-
the marriage there was no groomsman or bridesmaid
the marriage took place between and O'Clock r. ";
not personally acquainted with Mr.. Hemming until
within few days before the marriage; first saw him at
his house in Jersey street; went there with Yard and
Taylor before that he stranger me; never saw
him in pulpit; never heard him preach a
anything that purported 10 be sermon; have not per-
sona knowledge OF Mr.. Hemming being clergyman; no
did not wear a white neck cloth; saw him al my bro.
theirs house before the marriage; he called 3Tl
Fourth street ON the sh OF January that the house OF
my father he also stopped there on tho day Of the mar
q hid youor Yard or Taylor agree to pay IIemmiug any
compensation for this iobg A. No. SIR bo was given
fee after the marriage s5 before the marriage and go
after-in all be got e25; the ceremony took fifteen
short PRAYER saw ave mpu,ss he DID no, read rom sny
book Mr.. Yard went with Miss Hawley and Taylor in a
carriage saw them Afterwards her and Taylor and
o where did you sec themS (objcctcd 10 and ex.
cluded. Exception taken)
Q In whose company was Emms' A. She was in the
company Of Mr.. Yard when last her that night;
Taylor also was with them al Wallacgs theatre, saw
IeNor there after the ceremony.
o Where did you 20 that night (objected 10, ruled
out and exception taken.)
Witness resumed-I put my name to the certificate at
3T1 Fourth street a fathers house. the exact oay
wont be positive but think the third day after the
marriage was in presence of George Taylor he
handed II to me; | have never been examined
witness before In court Of justice this
paper was not written nj No. 2T2 Ninth street
was written at the cergymans house In Jersey street,
signed after II was written; was present when was
written went TO Jersey street the 1th OF January
1883 TO get this certificate and signed ~ did no, sign
a witness whg made out, did not think Il
necessary Hemmnr said II was not necessary Hemming
gave " Taylor was not then that Taylor gave Hem
ming the $40
Q lid Taylor read n aloud9 A. heard him rsad Il; I
think he read when handed 10 him by Hemming,
but can't swear he did heard him READ II aloud since
that time
Q. What Is the first or last word d m A. don't know
either.