The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-09-18

Mr. Douglas undertakes to copyright il as his popular
sovereignty
The Case or Little ELLA Burns.
SUPREME coURr-M CHAMBERS.
Before Hon. Judge Davies.
SEPT. 17-Ia the matter Of the application Of Francis
Whaen for the habeas corpus Of Ella Burns-This morning
return made to the writ In this by Mrs Martha
Burns formerly Pollock to whom ii is alleged the child
was ndentured by her father, Mr. Written, up Decem
ber 1871, when she will be Of age and that he also
scnted to her leaving the State Of Ohio.
The return that Martha Burns has the said Eva
Bell Written under her and charge as ndented
apprentice under and by virtue of ndenturcs appren
ceship duly executed by Francis when the father Of
said Eya about the 9Th Of August 1885, bearing
Cincinnati in the State Of Ohio, whore the father and Eva
then resided in due form according the laws Of that
State, apprcnlicing the said Eva Bell Written her MAR
tina Burns) until the 1h OF December 1871 The
further states that Mrs Burns has the child
years Of age faithfully performed and continuing 70
PERFORM all tho specifications Of the ndenturcs Of appren
tceshp her part and has devoted great
ton TO the education and Improvement Of the said Eva
Bell Written with great and the happes results
that the personal relations and intercourse between the
respondent ixs Burns and Eva have always BEEN and
still marked by all the affection and tenderness which
ordinarily subsst between mother and child and that he
from the State OF Ohio with the know
ledge and appreciation Of tho father of tho child.
Mr.. Laroque then read the following 90 This indenurc
OF apprenticeship between Francis Written Of the city OF
Cincinnati county OF Hamilton and State Of Ohio father
Eva Bell Written the part and Martha Pollock of
the same place of the other part, witnesscth that
the said Eva Bell Whten aged two years the 18th De-
ccmbcr A. D. 1856 Is hereby bound apprentice
said Mart ha Pollock from the date hereof until the 11th
December A. d. 1871, and Is faithfully to the said
Martha Pollock and to observe and perform toward the
said Martha Pollock all the Obligations and duties OF
q
the term of her apprenticeship And the said Martha Poi
lock hereby covenant that she will provide the said
Eva Bell Written during said apprenticeship, with board
lodging medicine clothing and all other necessares suta
bic for apprentice and will teach her to be
taught to read and WRITE and also the four first rules Of
arithmetic and at the expiration OF said term of service
will furnish the said Eva Bell Written Bible
and two suits common wearing apparel Signed by
Francis Written and Martha Pollard
After the lapse Of some time, Mr. Ashmead and w. j.
Fuller prepared the following traverse to the return TO the
Francis When the father Of the said Eva Bell Written. and
$
child the sad Esa Bell was removed with his consent APP
ledge consent approbaion he contrary
ss @ @ % m AND @ his
removal denies SO much
den, faithfully % en-
w ae h se q 5 G
Bell and with great SUGGEST the contrary this reator
ss % ss ls.1ss Is1as
States Union publicly exhibited the said
public
sss to "a
Of the covenants thereof this waycompeng the child 10
anlty that such exhibitions necessarily compelled the said
hour. prsaSesa course living utterly
4. n s aaansea re ssosa n % % s
which Il was ply sicay impossible for the said Eva Bell
s
said Ohio leg.izes
emit and he asserts the ndenture brought court
S
AN Act Conserving Apprentices and Servants And the
sass ea
clerk Of the township recorder Of the Incorporated town or
e where The master mistress resides failure
or her service clerk recorder
s he
When denies dat be ever attempted Of the
= * y; issi = ~ y =: !:
SIS Relation for ihc Said Eva Bell and attempt was
sss III
E as sasS he saa Of e a e r Rfy0aa ne
September another writ habeas Issued BY
@ e ns that he s G gn
again cvaded the service Of the writ f f saSsnf
Sworn to before this 18th day of September 1859 W. j.
Mr. Iaroque said that the Court would perceive thai
this traverse had opened the door to wide field o.
litigation and lie would propose that testimony should
be taken those matters referred to in the traverse
Mr.. Ashmcad said that the statute provides that where
person restrained Of liberty the Court should proceed
Immediately and without delay. Counsel referred to
several cases.
The Court said that he had made arrangements to hold
Circuit in Saratoga county for Judge Potter next week.
He would adjourn the matter to next Tuesday week. in
the meantime the father TO have access to see the
child which is to remain in charge Of Mr. Harry Bertho
SEPT. 17.-Im the Natter Of Opening EightyscpcnM
Nr1r. Busted applied to the Court 10 appoint the
following gentlemen commissioners for opening Eighty
seventh street -Weedc B. Worral, Isaac 0. Hunt and
Philip r. Wilson,
Mr. Norris, on the part of property owners suggested
the Of Mr. Patten of the Ninth ward in place Of one
The Court said that as no objection can be offered to
those gentlemen suggested by the Corporation Counsel he
Discharge Of fraudulent Deaor-Applicaton was made
for the discharge Of debtor confined allegation of
fraud. The prisoner had given up all his property
The motion opposed but the Court did not think
that the act of the Legislature contemplated that
should be perpetualy imprisoned he gave up the pro-
perry He asked exJudge Edmonds, as anicus car his
Mr. Edonds said that the civil action the surrender
Of the property purgcd the fraud though the party might
be liable to limited imprisonment criminal process.
The Court said that his dea and he would take the
responsibility of dscharging the party Mr. Beamish,
Clerk Of the Court, was appointed assignee.
THE ALLEGED FEMALE sHOrLIFTERs.
Inthe Natter Of Margaret Graham and Mary Aoryan.-
On the application OF counsel writ Of habeas corpus
issued in the Of each Of these parties confined
charge Of shophftng Counsel commended that the
commitment is defective, inasnuch that did not mp
pear that the parties making the complaints were examn
cd in the presence Of the accused.
Mr. Sedgwick, Assistant District Attorney, contended
that the commitment sufficient and complete and read
from the complaint that the goods stolen by Mar
garet Graham and Mary Morgan, now here"
Counsel heard at considerable length In support
of the discharge Of Margaret Graham as she had been
only in company with the person charged and that the
other party, Mary Morgan, was the guilty party.
The Judge took the papers and reserved his decision
Return OF Col. Beale's Expedition.
From the Kansas City (Mo) Journal OF Commerce, Au-
gust 25
Last week had the satisfaction Of meeting Captain
Pope his from his well boring expedition, and
yesterday had the pleasure Of greeting Colonel Beae,
on his return from his second expedition BY the thirty fifth
parallel.