New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1865-08-31

THE HOMICIDE WAS JUSTIFIABLE.
In r. the lIhtess Corpus Of James +. OIam
A return having been made IN the matter that
the prisoner held under The commitment Of the coTohe
Mr. sLsi'r asAed iha' he be sdmitirS To- hn'l.
srly thai the commitment without bail and JHii
oai which the Courts jurisdiction was chopped snd
commitment bcin, printed blank sud IN default OF -
hundred dolilr bal did not suppoh The oj eon Mf Ia
asked that that tie commitment be sent back Tor cor
rectou TIE Court would ake he Objection under consdea
ton and hear the motion ON the merits.
Mr.. Sha, contrnied on the pat u the prisoner That there
nothing in the examinations to show more than lnfhab
or excussbe homicide az the utmost case OF pan,augh
Ter toe third degree That the homicide was commtrd ~
an Adfny origin unknown between the dec"ard
man powerful frame and the pn.ouef' much smaller
man. ioIrrr pressing on him In such way a. u ihnn
e. lie quoted At enrih from iAc statr ihr u'hh.lo' ~
the NJ homicide III" only person WHO h~
the homcdr Robert Nai'mAd, Jaw the two men cAched
tie latter Van Ooren pushing O'im OFT OF ~ ounce
iiy his testimony, Oain Tyins 20 GET away uiu san
Man lie small b. an Wns irving force tie floor The
drcea I'D aid You DID thief wa 6ni,h YOU Or vii
yon" The tail strucs The pnoncr over the meek and
the pistol went Oh No proof OF iron,r uins 'h1 o q
i.ted hut i. admission that be GA u m s"arl"'r
could be drawn from BIZ going to decea-ed pace OF
public ohcr oud prisoner bore ustks OF toe Nfnfsh' ~
this show that the act not done Win doDroh
OF without prOvocaon. Tint the defendant pet bic
Of the short boys 81 aan. asans, o" PIE
Mr HsL wA'e Insisting III. preliminary objections
argued hist question bine not aid not at 90 drrni
to murder SC entirely abrosAcd tho whole question
beip; gated discretion Of the Court That this
shown upon tie eKain or and the chance ~ evasion OF
the prisoner from fia u tie presumption from -" cram
no, be Admitted 10 bail.
He should the fleets in ,h. The publicity n
such discurson.of which, however he was lar ffon com
plainus-nea'iy inct.a'r ~ important cns'' 'Le
r.ope b. thought hs duy 10 refrain ere om SUCH dis
custom but requested csrcgl examination Of TIL evidence
Nj 81 aarf replied r,iier-'ins h.. former argument,
The Court he'd. that Will. tie distinct Aufney ~A rigit
IN holding have dcrrtion in ali cas~ % FOL. 10
b. u charges for murder under oe ercun'i-c'' AID g.
refuse petit Larceny n csses boo ~'-sion Z, "a irn'
probable r theory OF tie Cou been ihA' re s' ~ oi
b. w. Ter, to secure o." at ul4n.e o. Vol'' c''n
When the probability q coasicion amounted tmn,' 20
eerttiv In IL cs.s where thr puHumrnt was a. l1s -
three O. ton year. Boa the Feuen'fy u ""ni i.te ,o
9th. point. ito CONFEDERATION sHd mean~ao AaoafA the
A MOTHER CLAIMS HER cHLD-sHE DrsiELs TO
IIACE IT ~ A. AsYLuM-c,usK: RELIGIOUS
DIYFERESCrs-lLGAL RELIGION.
DO r. tLe Hatcn Corpus 4 l,frsa Brady
This was III many respects remarkable case.
Tie mother ~ tlc child. car Ply thf fri f Wa some
year. tassa = to h'us q Aniw 'eesf o. IT,
her own De -n.te ell id then 3D. q months u ns~ ,r
se Liza who though tury have children O. th'lf on treated
i,, I'm sbout .,.ar 40 49, ulotl.r ,ci with hf cod Ms
,i -, 49, ro.1,r mas, a. .,-,sut lcr ,lid ursu.
Wide fof.e'tiag - ca her rohef Ablut yer ego, the
,lr ,t.,so Of v,sf ni became l..4ur a. as si'i By
counsel through rtaruf bot on Der caania' on 90 s'n
ict sppcircd bud va by Air .rckr p ID 20 Tue Ny ~
Prom tli. ptcs she was discharged j." HYs ago, ~"
H
efed 10 tale Tar than n to- proceedings Or m
II. fno,hefas produced Cont TIE Trspnul NJ d"cfi
their sole object the Dsish Of The child und t welfare,
and the Ieaor lad any proper m~ns Of lppo"
ing the child. A.
Judo sutherland upou nquir!es from Ito noihcf, d.
ov.rd that the been well treated, that TIE 'lo
er abe 10 tLn care Of the chd ia, the Intention oi tn
mother was 10 place The chnd 1 tc Catholic rm and
bs her 20 r. son Tor defHg the child 80. 'he
fear u.A. be brought upa fforsient ON e'an.'n
Mr. secatr b. sfaed thai he willing md he t'ie'e
allie 20 support child that IN Difference TO he w'he. q"
Martha Brady and fearing trouble on tie religious QUESTION
e had from ts..ng the child 70 ffoesifnt hpIch
bnt lad cent the Catholic thIfrh with one oi the Ger
wants that priest had fwc called on u, ald hINii'
.uch 10 br reason aid hat h lsd 10 defo 10 u '
child from is mother -, =,
The Court held that j. Appearing from The tEannaon tA,
there was no 0urttou 4 na feeling placed u
IN yerv embara.sug soud ton. Tho Court could hDt -"
cl.r. any f.fion b- better then anoArr Though tue
education Of chi dfen and especially she 1ihoc Aylms hr
could not on that dps. The pr-ent pps'e'so- o
the child Were oder pI.aps De- might inqu" som"ihn-
Of 70 Guide his dec III" wns in greater di'nHA ~
decidns between tho Asylum and tie frspondrni va"
rem them and The fsaof since lc should g,AS h's,"
10 inrut the child being illeruatr % mother WI" ie'
beeu Of usouud mind tt" ability 10 care "i y
He would remand tho child 10 The OF the respondents
Tie order To embrace direction thHt the mother be Hho"r
10 see the child once week. The Count had no power
direct in what gion il should De brought up.
DECISIONS.
In re- John Bu,terworh. Receiver ag Tho ltInd C'l
BanE.-Ofdcr granted
The New England Steam and ors I1pe Co. Hs, pao'
Naphagyi.-BDil reduced To $4,000.