The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-04-11
RIuOklNn Guy NEWS.

TIFF CusronY OF INFANT CHILDREN Two small children,
boy and GIRL were brought before Judge Norris of
the County Court Friday, writ Of habeas corpus
issued the instance of their grandfather, Thomas
Kearney They are the children of the late John latin
who died in December 1858, leaving them orphans. Jus
before his death he Inade his marx TO instrument
writing by which their and custody given 10 the
managers of the Brooklyn Industrial School, insttu
ton in which chi dren without homes well taken
Of. The grandfather, who cllms 10 be their natura
custodian, obtained papers Of guardianship from the Sr
rogate monthe since, baV shown that he was vii
ling able 20 take good care OF them. Tho mlnagers
Of the Industrial School required 10 show
Why they refuse TO give them into MS custody II az
pears that the father OF the children died the Catholic
faith The grandfather belongs to the church
the lodustal School Is Protestant institution. Although
the question Of religion ruled out by the Sur
rogaie, II 10 plain that II Is the sole ground Of
the present proceedings. The grandfather claims
possession; FIRST, on account Of relationship; ana
second, Tor TIE reason that ne Uas appointed tn
guaToDn by the Surrogate It s claimed, also, his
behalf that when Mr. Latin made his ark 10 the paper
Transferring custody OF the children To the aeerF
OF the Industrial school, lac was prosrae with illness ana
incapable Of under standing what he doing The paper
was sncd by him, as alleged, out few hours before
death 10 support OF this view testimony intfo uccd
The Rev Nr Welsh rector OF 81 James Cathedral IN jay
street. testified that he visited ialn during his lat III
ness that he made his confession and the sacrament Of
extreme JUNCTION was administered TO him On the 1871 OF
December, 1853. lie was state of partial Dity
the first and second times the rector visited him In 20
sUer TO the question What the usage 10 regard the
disposal Of children by ner parents who have received
the last holy rites OF the Catholic church, the wtness
replied" The usage is to have them brought up Ia the
Catholic faith and no othern Several other witnesses
were examined TO show the improbsbty nj the state
mont that deccastd, beng Catholic should transfer the
custody OF bis children Protestant institution beu
necessity for such did no, exist The examna
ton z not yet concluded.
Tm WATER Czl sERAuoS Committee Of u, CON
mon Council On the Water Celebration have invited Mtor
General Dnryea 10 nc, Grand Marshal and II s. proba
bic he will accept. the line Of the procession 70 be.
formed Clinton avenue, right resting Flushing ave.
nue. az ten O'Clock A. NJ The morning Of the 21th inst
They Will then fch 10 Eastern district and
the City Hal tho Western district, where the
MES aTe 10 take place. The military form at
O'Clock \. VA Cumberland street, between PARK AMI
Myrtle avenue. The fountain in the City Hall Park Is
nearly completed, and the fountain in the Eastern district
Is 10 progress.
KlsGs CouSTY srqasGg Cocf1, SPECIAL Tres-DEosioss
~ JUDGE Lorr Richard IT, Thompson against The BOard
Of Supervisor o ne County Of Rt ond SO much Of The
motion az seeS 10 have the complaint made more definite
and certain % T. the nature kind &c. Of persona pro
pery Destroyed or injured granted aud the residue de-
nita' no COSTS TO either party alo we'd on the moOn
The amended complaint W be served in tea DAYS IamO
opinion That tho allegation in the complaint relative " the
removal Oi the plaintiffs wife and children and ,he
damage alleged to have been sustained Ia consequences
the Illness OF hs wife aDd resulting tnercirom are rrele
Want, and that those relating 10 toe p!anNl occupancy
of the dwelling b0uSc not irrelevant nor redundant
but the parts wuoh irrelevant are not separated
from those which relevant the motion 10 strike ont
must be- denied The personal property alleged IN have
been destroyed injured Is no. described sltn sufficient
certainty and the complaint It forth with more
particulars Section 1855 Of tho Code has apple lon b
q case OF this kind
Lshanno Kliuguuan ogoiaa ne Ns,g I5k mil Noo
Uirea HdiIroad t0ap1py wotion for trial dsHiei
with go OF opinion, after careful oxunina-
ton Of the evidence some~hht contradictory ina. the jury
Detiled finding that the defsadaats guilty Of
negligence, and that fault OF wabt OF tnpu-
to the psinun No exceptions taken TO tbs
charge Of tho Judge H. therefore, 10 he presumed thBt
he gave the Jury proper instruction 10 Tie rue Of IA
IMAGES, and do not feel myself warranted 10 setting asiie