The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1859-06-30


The Habsas corpus Coses-Yestertlay morning
mrs. Elizabeth Magil appeared before Judge
Meredith, under Il writ of habcas corpus to
show cause why sha should not give up the
custody oi MARY DE- GRACE HoLr, n child
about eight years DID, which she had obtained
pos ession Of at "The Northern Home for
triendlcss Children in 1856 by representing
herseif As widow of means, and as anxious TO
and educate IT,
At II O'Clock, Mrs Magil appeared in court.
having in charge the little girl, whose neatness
Of dress, intelligence of face and quiet, unas-
suming manners, attracted general attention
Mrs. Emma Holt, the mother OF the child
also appeared, and exhibited no little anxiety
as to the result of the pending suit. Being the
nearest friend of tia little girl, she has insti-
tuted proceedings to recover The custody OF
her daughter, believing, rs sha states in her
petition, that Mrs. Mayil's moral character is
such as to render 1t I'M jurious to the child to
allow her to be reared by such person.
Soon after the Judge took his seat Messrs
Crump and Lyons appeared as counsel for
Mrs. Maxli, and Messrs. John q. Steger and
feier Daniel, Jr., appeared for the mother
If the child.
tons, which the counsel handled with ability,
the defence amended their return TO the
mothers petition, from which We take the fol. 4.
lowing extract: "On The - tn day of June 1856
the said Mary DE Grace Holt being under n
years of age. was. by the act of the said Cor
poratlon, {The Northern Home for Friendless
Children and with the assent of her mother
The SAID Emma Holt, her father being still alb
sent, placed with, and bound To, this respondent
TO be adopted and reared by her rs her child
which has thus far been done with the utmost
care, propriety and aficc ctionate regard to the
welfare OF the said Mary, in all respects and
therefore, and tor no other cause, doth this re-
spondent deain the said Mary De Grace Holt -
Mr.. Segar then proceeded to read the depo-
sltlons OF sundry witnesses, taken i'll Phila-
delphIa, from which the following history is
made up:
Miss Emma Martin, against the consent OF
her father, John II. Martin. who was at that
tllle an afmorer at Harpers Ferry, Va ran
on and was married to Charles holt, by whom
she had three children. Holt became very in
temperate, deserted his wife and children and
iett them IN the most destitute circumstances
Finding it impossible to support herself and
little ones, she moved to Philadelphia secured
MONIES Tor the two eldest, and placed Mary DE
Grace, i'll THE Northern Home for Fricudlrss
Children that Institution having the char
tered right to bind out or put to good homes
all the children under their charge In the.
fall of lo5G, Mrs. Magil thc defendant visited
the Northern Home for Friendlcss Children :,
represented herself as widow of means with
out children and deSirous of obtaining a child
whom she could love. Mrs. Magil was
adelphIa, who represented her as Il widow Ia
dy OF wealth and standing, and member of
the Episcopal Church, and on these recon-
mendations one of the dcpoEents. Mrs r. T..
the child, she promising TO adopt her ;ts her
own, and TO educate and rear her i'll respect
biiily.
Alter Mrs. Magil had been In possession OF
the child a short time, the counsel for the III
stitution prepared and forwarded 10 Mrs
MaSii a copy of indcnturc, binding the child
for certain number of years, and requiring
her adoption. Mrs. NJ. declined signing tbs
lhdtntures, and by her counsel opened cor
respondence with the counsel for the Home. "
which caused the preparation of three or four
lndentures, neither of which were acceptable
ana the last OF which was prepared 1T the in :
stance of Mrs. NJ, who tated that if that was
not acceptable, she would return the child
The next letter from the counsel of the
Home" brought resolution adopted by il,
management, declaring their entire confidence
IN Mrs. MaElfS representations; and leaving
the child i'll her charge TO rear rs an adopted
daughter, and to be- dealt with rs Mrs. Magil's
affections might dictate, when Mary became OF
age. So much for the history
Tho counsel for the defence took the ground
that LIS. Magll had right to the child, by her
contract with The managers of the ''lIOmc, "
and proposed TO give to the Judge all the pa
pcrs, together win the charter OF the instilu-
@ion from which The child WAS obtained, and
lot nm decide as to The legality of her claim.
Thr mother. Emma Holt, by indenturing the
child to the " Home had parted vi III her lesal
rights. and tho "Home" by the contract be
tween Mrs Masil and lis managers had part
ed with ts legal rights and custody.
The counsel for the mother took smother and
entirely different view of the matter Mrs
Magli had obtained the child by false repre-
scntationS and iraud-hy representing herself,
through her friends, as a Christian lady of for
lnne and nigh standing III society that
therefore the contract. such rs it was was iltc-
gal They further coniendcd that The Man
ayers under the charter of their institution had
no right To dispose Of the child 10y a mere reso-
luton by which she received no protection,
and that the Court ought to restore Mary to
its mother, to be reared in respectahiiity.-
| They then proposed to introduce oval teSti-
monY, Ia establish the frInd but the hour
H'ing late, the Court adjourned until IL O'Clock