The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1859-07-01
LOCAL MATTERS.

The Haheas Ceypms.-Yestertiay the ARGUMENT
~ me nabeus corpus case before Judge Mere
ain, was Resumed at II O'Clock In the morn
ing, and concluded at four O'Clock in the after.
noon, when II was decided. Mr.. Steger on be-
haif OF the petitioner, Mrs. Holt first address.
ed the Court, in an able and impressive argu.
menf, to show, frst-that the contract BY
which Mrs. Elizabeth MaxiI held the custody
OF Mary dc Grace Holt, an infant, was not a
legal contract, and therefore of no effect and
second. that II the contract were in tho legal
iofm, men the fact that 1t had been obtained
by misrepresentation, rendered IL null and
void; ana that the Court was bound to allow
them to introduce evidence to show that Mrs
Magil had obtained the child by false repre-
scntations.
Judge Crumr, for the defence, reviewed the
dispositions, and the character Of the MNorth.
ern Homo for Friendiess Children" and ar.
gued that the contract was legal in form-fhat
the mother had parted with her right by the
indenture made to the "Norilsern Home for
Friendless Children" institution, and that
Institution had parted with its legal custody
OF the child, by its contract with Mrs Magil,
she having complied with all her engage
ments up to this time. He then referred to
the petition, an abstract Of which we pub
iished when the case was first called up, and
defied the opposing council TO show that Mrs.
Magil had represented herself Jas q member of
the Episcopal Church, or had imposed npon
the managers Of the Home by the use of
business letters. None OF the dispositions be-
fore the court proved any such facts, but the
IL
charge her with fraud and misrepresentation.
He concluded by an allusion to the motherly
care with which Mrs. Magil had nurtured and
provided for The little girl for the past three
years-to her warm affection for her charge -
and to the cruel effort now made to separate
them and urged the court to decide first on
the legality of the contract before going any
farther. -s~sss---sTs- zls.-~.-----@ 49, ssz
The Judge stated that the mother, who wa.
the petitioner, presented the case in two as
pects both of which were tenable and must
be heard, if insisted upon.
First-She AYERS that the contract by which
Mrs. Magil holds the child is not legal one
according to the charter of the '"Northern
Homie for Fricndless Children" and that
| therefore, she being the mother Of the child
was of right entitled to this custody.
The Respondent replies-That her custody
of the child is legal, by force of the contract
entered into with the 'Northern.Home ~ thu
mother having signed away her right by N
indenture to that institution.
The petitioner replies, that if the cOntrac
were in legal form, the fact that it was obtain
cd by fraud renders it invalid, and it should
therefore, be annulled.
As the counsel for the petitioner were un
willing TO give up the last point, and submit
| the question solely on the legal one, he fel
bound to admit testimony to prove the fraud
however disagreeable it might be to be com
pelied to investigate the character of the de-
fendant.
After some little conversation, the counse
on both sides agreed to submit, first the lega
ques ton, the petitioner reserying the right tt
examine witnesses as to the fraud, If the ndgt
should decide that the contract was legal
The isolated question of legality was there
upon submitted.
Judge Meredith then briefly reviewed tht
rights of the ''Northern Home of Friendles.
Children under their charter, as also the res
| olution under which Mrs. Magil held tht
| child, and decided that the contract was ille-
| gal He then ordered the Deputy Sheriff tG
take charge of the little girl and restore her tC
| her mother
As soon as Mrs Magil heard the decision
she gave vent to her feelings in sobs anC
groans, in which the little girl participated
| on being informed that she was to be taken
| from her er-mother. She was elegantly
| dressed, and her appearance indicated that sht
was most kindly treated and tenderly cared
| for. Sheriff Walker took charge of the little
| girl and led her to her delighted mother, who
was at short distance from the courthouse
and in q few seconds thereafter Mrs. Magi
| left, leaning on the arm of ]. II. TAYLOR the
Tragedian, who has constantly attended heI
during the trial.