Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1860-07-20
CITY .s.T5! a'i'A'lEi;, NEWS.

HABEAs CoxrrS.-lhcre were two petitions
Tor wri,s Of aeas Corpus before Judge Meredith yes,er.
day ne was that Of John t. Fchet who SETS forth that
h. Is -csLel Of :he city Of Richmond, anu sailor by
occupation thai three months since, during his alb.
seac. from the city in ;c pursuit Of his business his wife,
l.nis Virginia Fcle, drcoye from her house by
Anna Maria Euer who !. the mother Of his said wife, and
the wife Of one Mansfield ut!er and induced so
Huers and 10 carry with her her infant, years DID,
and tina, said Butler has harbored the said wife and child
ever since ard refused the petitioner m access or copver.
sainn with r;rr of them Frce further forth that
he does not kEo ly wa; means upon what preteXtS
his wife was INDUCED TO Lave his house. they hnd al
ways lived together in peace and conen;ment and he be-
cyrs ha: IL he cnald have an opportunity Of eNposula
ting with her shat she would return him hut this Is for.
hile that he Is advised that he has the right recap.
tur. Ills wife anil child by force, bet that good CITIZEN
liz Is esEruus to refrain from violence, and therefore
pray tla; writ Of rabeas corpus may be served upon
Euer, commanding HIN 80 brin. the wife and child before
TIE Judge ia order that the circumstances Of their deter.
ION may be currcd into, and they may be restored him.
lr reply tit, statement fro: Mrs fitcett forth
that she aa, her cil cruelty treated tina: the hus
baII WIS unable give them food, clothing home;
that he had threatened tU Kill her; shat she de-
tanned By IGilrr, but there Of her accord; that
Fchrtt had children in The country hr former wife, aud
that he had acted towards them % Indifference and that
;lcre That lie Was the cause Of his former
wifcs death
The case WIS argued iy :. Iu>en Crane, Esd for But
er and hy Mr. L. T,zewrl for the petitioner anu the judge
decided that the pstiiion could not be granted rs was not
shown that Mr. FChe;t under duress In the house OF
ucr, and a Tor the ci! |: In the possession Of the
mother aud not Of butler.
Alter the rendering OF the decision Judge CaSkie call
ed In additional counsel for the petitioner and writ OF
habeas corpus by order of the Judge issued against
the mother 10 compel her TO procce the child in Court and
show why it should he kept from the legal custody Of
the father, The law provides that In all the father
has absolute right the child, except where cruelty has
been exhibited or great cruelty has been apprehende'
The case Is VI great Interest and will come again
to-day, at one O'Clock.
The second petition was that OF Mr Gill. who WIS sent
by the Magistrates nf the lIrsting Court TO be tried y the
Judge oG the said Court for sabbnc police officer; and
il forth that he, Gill. believed he illegally detain
ed, and therefore prayed a, writ of habeas corpus be
served the iaor requiring him. the said ailor TO bring
him. Gill; before The judge in order that his detention may
inquired into. Mr.. i accordingly brought into court
and argument in his behalf! by A. JuisOn Crane, having
been heard and Mr. Tnzewrl for the Commonwealth, having
been heard IL reply the was adjourned to onc O'Clock
to-day.
Mr. Crane intends 10 make long argument show that
the appointment Of l!ustiDgs Judge WAS unconstitutional
and that therefore there is suc Judge in the legal sense
aud that accordingly Gil could not be detained 10 be sent
before him.
HArE,S Corrr>.-Dac o'ciock yesterday was
the hour appointed for inquiFing into the cir
cumstanccs connected with the writ Of haJeas
corpus issued at the request Of John +. Fitch
cit, BY Judge Meredith, against Lcnis Virginia
Fitchctl, To compel her to bring her infant
child n;o Court, TO show cause why said child
should be detained from the custody Of the
father: bu, in consequence of the illness Of
Mr. Crane, counsel ior Mrs. FIchett, the case
was postponed 10 Snch time rs may be agreed
on between Mr.. Crane and Mr. Tazcwel, cour-
sci for petitioner
On the preceding ,.ay the petition ior Il writ
Of haJeas corpus, to compel Mansfield Butler,
husband OF the mother Of Lcnis Virginia
Fitchctt, 10 produce in court the bod y of said
LcnS Virginia F'ilchcit aud her infant child,
was refused by llic Judge, cu the ground that
the cv;';rnrr ii Butter went to show
that Mrs thchctt had free ingrcSs and
egresS, and was in his house Of her own
free will and accord: and with regard
to the child, the Judge maintained that it
was in the custody o! it: mother; and it was
upon that assumption that the writ WAS issued
against the mother. Fi;c!iclt, however. sets
forth that .c,">$ 80 the iiO:iSc Gf Butler is de-
MED ial ;.n;. .i;ii nc raniIot see his wilc,
,";lirh. Il il Dr trtic, is certainly detention,
",.nDi"" n.c, iio naticr w|:;, law says
This c,sr, rs Judge I"skr remarked, is
..:,ie..i :. til MUCH interest ami we would not
h. >.s;,li~c, tn rt !i:ai, rs is unhaprily the
fact il very mg:ly ir>i";iccS Of domestic trouble,
OIL; side Intermediates and h> yhu1eS had sulnc-
i!.!n: So ii ,iii;;.
i':.cu,h, = ".f-i III h.'irnx .n;y"s waS that Of
Mr. iii. $40. lmr"u":! his counsel cGntra'ls
;..t lie nr..; moi i.' 'ict:;nr, 10 lie sen: before
4 .iu,l.c vino i,r I:;aiiirais i:aS been elected in
yio!aliun If the Constitution. And here, by
the way, We would shy That We regard this case
o; ellis aS rather i!:lrd. Previously To- the Oc-
carrcncc lur participation in whcl he is nOw
incarrcr:,;"d. he bore i most excellent charac-
ter. ard Wa highly cStcrrimcd bv parties
wh,c,c .>'yrn i: "orlh something. The
officer. whom il is alleged I've stabbed, is
beyond ali ,iH;,.cr, and, wc believe, able to
move about a;I,i therefore wc don't sec why
hail <hnuiti he refused, especially when we re.
collect that the ilarelw!ckcs, in Lynchburg,
charged with the killing Of Mr. Button, have
good law III Lynchblrg ought TO be ditto in
Richnlond and, mGrenvcr, we don't see how the
body and soul ni Il police officer is more pre-
cions chan the body and soul oCany other coed
citizen.
tiils case takes tho same course rs FIrhctt,
Mr. Crane being counsel fer both
:. Won,< Smn.. thont ialf:past O'Clock;
Yesterday morning. Catherine Thom, aged
about ~, ar,l unmarried, was shot by her bro.
thcr-nlaw. ". y. T'otty.
\, the raru'.r ni u square in Grace street,
some di>;"src beyond Foushce, is grocery
store, owned hy ". D. 'Totty & Co. Here Tot
ty and M ThonI, and his two daughters, (ont
OF whom is 'i"tty's wife, resided The store
was set up, il appears, principally with the
funds fThom. hui. though the partnership was
Of bu, recent date, Thom and his son-in-law die
not gct along well together, and on two occasion.
Totty left the premises and remained away fol
dayS-of his own accord, some say, Wills
others assert that hc was compelled to leave
hy the Ithcrin.law. Bnt, be this rs it may
there can be no dnlb. that the angry relation:
prc.exstng in the family, had something to dc
with the attempt at assassination
The statement made by the wounacd woman
before Mr.. King, county magistrate, was, thai
shcTwas in the kitchen, about to sit down tr
brcal;faSt-that there were present Mrs. Ad
ans and c0lored scryant-that lofty canle
in-that he was about to take seat on chair
When she cautioned him not to do so, as tht
chair was wet when hc remarked that lie die
not care ad-n; that then he put his han'
on her shoulder nlasie some remark, aud i'm
me,liately placed Il pistol close to her abdomeI
and fired, and then decampcd
On hcng wounded the woman gave tn
alarm, ard young man, who was in stabl
near at hand ran to her aid, and leaning OF
him she walked TO her bedroom. where sh
vas soon attended by Drs. Lewis and Bolton
| who found that the ball had penetrated the ab
donen, and passing through her, lodged im'nc
diatcly under the skin near the spinal column
The ball was extracted; and a'l'ons other M
u;ances the doctors lrad recourse 10 chioroinrnl
Int in the course Of the day the wounded wo
man got out Of bed, and securing the chlor"
form used it very freely; whcrempon the doc
tors were again sent for, and at . o'clock thcl
seemed to think, that whilst there was chance
| for her, vet her condition from the wound wa
very critical.
Io,ty belonged At one time to the nigh
watch. The wounded woman, we should state
expresses the belief, that Totty was somewha
under the influence Of liquor at the time.
ct,