The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-07-13

n the house In concluding, Mr.. kuliord CLAIMED that
rr Huncke could mot be asked 70 answer distinctly
Judge whitng-I submit that the answer was not only
evssive, but desgDedy The counsel had fse idea
when he supposed that Mrs. Bount could become board
or without The consent Of husband The petition sets
forth that the petitioner the father of Miss Emily s.
blount She unmarried female and be charges Mr.
Huncke and de Rviere with knowing where she 10 CON-
ceaed huncke and de Rvere, il can be plainly seen,
are working together. That married woman can be
come bo.rder at house in defiance q her husband
become Sedsr s sSa1 sa
one can suppose that fellow like de- siysrs
60 about the country and rob husbands aud fathers
Of their wives and daughters then, indeed there Is no
law or justice in land he can keep concealed Ike in
almost frantic father indeed demands that Justice
should be dealt out 10 him TO it's utmost extent Huncke
dees not say he is or a not IN collision with de Rvere,
does he say where Mics Blount went - aud with
whom, whether dc Riviere took her away. s it
regarded by AL that he is bound where aud under
70 conceal these facts in the old law il was simple
enough TO hand over 70 the custody OF q pefson 70
another before writ was ssued, in order to evahe rs
mandate bat modern decisions have met this nov, IL
there was no physical restraint, there surely moral
restraints, which has prevented Hr Bount coming
ssyps INV wife or your life but IL. law sOrSds tS
and holds out 70 him that he shall not form but sub
atauce therefore, this mans answer shonld be amended
not robbed this Of his wife and daughter.
II should not be tolerated; he, IL man, should
x cn oS DC clear we
or the daughter, TO be found at first Where wore
tbeyS therefore urge that this man be compelled to
give full answer, and then the counsel prepare TO
traverse the writ When the Law has bsen found INSULT
sustain the husband and further hs rights tneu
srd then only will he orsate the peaceable course he
has adopted, and abandon II for determined form.
Mr.. Mulford-As regards dc Riviere, copy OF the
petition has been served upon me-
Judge whiting-N matters not both names are in the
Judge Ogden Certainly they are.
Mr.. Whiting then read the petition OF Col Blount for
babeas corpus, ~ published Ia Saturdays Herald
Upon this petition he said, writ has been Issued directed
70 both Hnpcke and de Rivere Inc writ TO enable
the Judge in Chambers TO determine If the rights Of a
hus father bad been eyadad By Mr. Huncke or
de Rviele. was therefore essential iha full end fair
answer nhoud be made Tue object Of the writ not
TO have man. in his answer SAIL 80 close 70 the p0at
TO serve his conscience 90 ks to conceal nporan facts
The writ sho~ed that these parties detained o.
father He should therefore, not only :,
Whereabouts, but say all be knew regarding th.m.
As TO the answer that Mrs. Bouut In house aod
free to 60 81 she thought II WAS absurd The
indeed, most curious. bu. 10 the young lady he does
not say whether SIZE 10 ~ the bottom OF the duason
with de Ryiere Nj Huroke should tnerarore sfa,e All
hs knows concerning her departure. The fact that
Mr.. Hpncke refused Col,De Blount the privilege to
his wife, shows that he her custody. fbe
NEXT the husbsrd states tis relationship, that
the aEdord becomes sponsbe Tor 10
the eye OF the pubic Mrs. Beunt s Ia COURT there
lore Mf. Bur exc amend nB Tclui Immediately.
M. kuliora also argued thaf Mrs. hiount Yves Ia
court the return might be sue uded.
MIR. Whiting remarked thai as Mrg. Bouut present
in the adjoining room IL wound be veil for tho Court
have private interview with her IL was Utterly impos-
sbe Tor colonel Bopnt 70 for her Cooduct but
he coald vel fer thar Of his daushers she under
the ccptroi Of her mother Colonel B., he sp'd sss
fso that time his wife bar suffered her mental
iacules and would be 6esirabe on his behalf tha; the
Court see her privately ana judge to the CONDITION OF
her mind II was represented thai de Riviere had
gared a complete coptrcl Mrs. BIoupt, regard
ing the future welfare Of her daughter Emily.
and II via we known thkt not with standing Mrs b. knew
that DO Rvlere bad already wife, she YET believes thai
there no iInpedment Ho saio that on the
other side should have used hs influence 10 RAISE
their high and noble profession by restoring ln vile and
child 70 Col lie had ne said, appealed or,vate TO
the counsel on the other tde but sl n vain indeed
not 70 be supposed that taere lawyer the Uaon
90 base ~ 70 lend himself 70 such actions
for hpl, he would not have suffered much all the
Mr. Nuiford said ne hsd no objection for the
Judge TO have an interview with Mrs Bouut
be bad covered With her and was GOA
the counses remarks, ne desired him 10 cato 70
him shat advice he should give bis cir,nt
Judge Ogden then said that be wood the lady but
there was occasion for her sppezf IA open court
abe vas eonstructvey before him In hh private cns
Mr. Ruford then asked in Tuesday morning 10 amend
Huncke's return.
Mr. Whiting objss.ed, and urged that be prepares a.
young lady would be found before sundoxn.
Jvoge Ogden objected 10 postponcmcnt
Mr. nuhord and Mr. Runcke then retired 10 amend the
return.
AZ minutes past one O'Clock Judge Ogden returned
to hin private room, In which was M Blount, for tho
about half hour he returned and hxa short CONVEX
sat,cn with COL Eiount and Judge Whiting, and then
retired.
In the meantime, Mr. Remsen onc Of the counsel for
Mr.. Bount, gave Mr. huncke nolcc not hsroor Mrs.
Emily J. Born, ooL BIS wife, in his house; that Mr..
Bonnt would pay no Bills VI her coutractng and that
should he (Mr Hunoe haroor her after tina notice. hs
(Coi Blouni, could hold him responsible for damages
when Mr. uuford read tao Following sroended return %
tce wit Of babeas corpus, directed " John Hnncke and
Henri DC Rivitre;-
Hufon County 49, John Huncke for q further return
10 sad writ oatn SAITH that ne hAs toe body OF
Yrs Emily j. staDt nov ia curt aud ready 10 BE- pro-
dGced before noe doos not doaa Ter
from said husband; further that he oan5o, ta tho
prccite day 81 he moab sbol tho said Mrs EmuJ J.
Bount or Mss Eniy }. slouni came 70 tho note out
thai he thbko Il about the second dsy u the prelent
north, or sah whom the sAid psrors cane, a.
the 6epoucn, not home At the time; tfEt
said mas Emily ,. B'ount, rs deponeut oeleves,
coutIol Of Der mchof solely, AM no; ~ any other
p,rson ani mat Ne holds her Aid mother scso1asJ 20
osponsat for the board " acr sAi dsuspisr zoe che us
thr ieponests hausc aud that Ion deppuests
bouse without Ma ABowtdge, direction or rrocreus1t
ard that he docs %, know ~n whom sDe et, whee shs
Ia tended golir, or -hsre sbe row or nay b fogHa
si he jocr tsian her fFci ire cvstoiY ~ her Ia
fh.- sud Vt n not IN n 20 rrod1oc Der a. c1-
mRndeo BY said art, add that ne revef ft3 Gessned
or ether of them, but the contrary tncy have
been nj liberty 10 whenever they proper al tns
oep0reni further san THAI snr De Ruere stay
ing 81 SAID hotel but whether be with said lAiies
n cannot that be has nos gone hut Were
she said de RveTc where be be ioaac 10
ponent cennot mat said petitioner, Freterirk T.
Rlouut, siao At oeponents house sunday night last
and be could have stad longer he pad ssen eroper 70
DO 20. JOHN HtNCkE
NJ Rsmsep remarked that there some na'efi
acts SIN esotpg. rne suswers did not say vhes or
win whom Nke Hiount lett the Loel.
Judge Ogusn replied thai ne said he did rot know.
Nj Remsen thtD read over the return as soove, s1d
vftn be cane 70 the points that he Nr uoncse did lot
Row where 80 bount gent, remarked that he td not
I'efe Win whom soc lett, Did they state that MI.
turcke oeaoed her from tbc pcseessioD tahsr,
90 ue add Shefe she intendef gorg, where
rrsy ~ frunf snown so him. The nc
rccuFy Amended, sud the traverse BEARD rhurs
rag moi nif 8 81 nine O'Clock. hcansh ie the counsel
Ter the defendant vAl be served with q COY
the conversation thtt had between Mrs Bount aud
Iucfe 0pden was no, divused, although was agreed
tina, she phouli return 70 the Napoleon Hsssi
main for the present shortly amer the Oozrt had AL
ovrutd Mrs Rount In company with xr. C,es and mr.
exc, lett TIE Court house and drove on - Hoooxen.
nutnF The r,rBing an attachment issued ffo1 the
Afcuu Court Of Tucson county by Mcssrs Robertson ADD
In cf he nd o.