The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-06-22
LEGAL INTELLIaENCE.

SUPREME COURT AT NIsI PRIUS = Judge
Ter vs. Samuel r. BTick habeas corpus @ to bring Cup up
the body Of Adela A. Brick sn infant under the age
or fourteen years The following opinion was read by
The great object of the writ OF habeas corpus is to
compel the production in Court the body Of any person
alleged to be Illegally restrained OF It's liberty 80 that
such Illegal restraint If no such illegal restraint Sp
pears Usnay OSTs that the 9s A. of TIE
the the. Judge who hears ears the complaIat. may, aud
when technically no restraint appears in the case
OF Infants where IL is not often that physical restraint
the general guardanshp Of the courts oyer Infants
proper natural guardians to care for them When'
therefore, an infant is brought before court and
to commit Its custody. the Court asserts It's general
M Of tbe of he aq hnbeas y s
the custody to guardian approved of its own mere
Al the relation of Adelia Muller, the mother, we
SP e Soy ef ndS A. Brc the
OF he cHid and returns and proves tsat he mas
STsOdy @ Of sT D. under tss
IS s6 and who the sS esTe ae a tb dsy
Us iatheT's death ana Iby the voluntary Eelln9qsh
been divorced. was again married 70 Lewis Muller
agreement of relinqushment. Whatever might be
It's character whether might be classed as good or
IKE this, as entitled to be maintained ~, II
exercise 'ne Of the power Of appontmens of
gusrdan by win was more duty than in ordinary
iinqnshed her natural rights thus had continued
tory summons to the father He could not know that
she would desire 20 resume S care already relIn-
that be, should pre;er the custody and care, OF
his m ehe to to O eP sS who he neW
nothing Exercising clear legal right which courts
pointed his father. grandfather of the child, its
guardian This the act Of Assembly Of the Sth Of
the authority thus conferred the legal custody of tine
infant at once passed and n is by that authority she
is now In the custody OF the respondent.
There no illegal restraint Of the child shown In
and no improper exercise Of that authority has been
i as against the mother The suryiyorshlp OF tue
father does not In the least invadaGe his tesa.
an i%propsT one. such guardian has been held
see any reason Whatever tor interference with the
% % pnon on
Ship eTeasd sPsre BY the Will The
standing, pecuDiary and other circumstances o Mr..
and enable me TO leave with satsfacton the care and
custody Of this infant child undisturbed One thing
Will suggest, and hope IL may not be disregarded,
and that is. that the mother be permitted 70 have
with the terms of the agreement OF June H. 1895 as
may be reasonably convenient and consistent with Its
And now 10 w.t. June 22 1867. after hearing and on
6a infant Hd Bc be- sad H9G IL nox SS
remanded; TO the custody Of the respondent, Samuel
ORPHANS, ooUKT-Judge Brewster.-Estate of
minors of James MITCHELL deceased. Sur application
Opinion by Brewster, ]. Petition refused
70 dismiss guardian. Opinion by Brewster. ]. Pst-
Estate OF Dallas vs. Kneas, Jr., deceased. Sur ex-
ceptioDs to Auditors Report Opinion by Brewster
j. Exception filed by Francis p. Souder dismissed
Exception filed by the accountant sustained
Estate of Ellen NJ. Moulson, deceased. Sur excep-
tons TO Auditors Report. Opinion by Brewster, ].
COURT OF QUARTER sEssIoNs-Judge Ludlow
Miscellaneous business was before the Court
and william Reilly, convicted of charge OF having
outrageously assaulted Lizzie Cavanaugh, the Judge
caused investigation TO be made Into the character
of the prosecutrix, and upon the report made con-
submited al the trial. ali circumstances OF the
case he had come TO the conclusion he could enter
Judgment upon the verdict. and was compelled to
grant the defendants new trial. Therefore, the rule
for the new trial was made absolute.
It win be remembered that the evidence given at
the trial OF this case was 70 the eec That the prose
Darby Road and was persuaded TO go into woods
where she attacked by The defendants and Others
and was outraged. But the testimony OF the prose
cutrx was very selEconfIctlng.
John Martern, an old man, Seventytour years of
age yesterday afternoon convicted OF charge OF
girls. When he called up for sentence this morn
ing the Judge told him that he had caused Inquiry
70 6e made concerning MS pIevHs SnaraG.er; @ nnd
rely that he had heretofore DorHe goOd namei aud
had been suggested that perhaps his old age had
OF course the Court had taken these matters Into
consideration, aud IL IL should subsequently appear
that ms mlnd was really impaired oy nus a9Ssnoea
per action would be taken upon motion 70 reeon-
slider me sentence But at present u was tne p,an
which was that the prisoner should undergo an Inn
pIlsonment OF four years In the County Prison. -,
Patrlck Murphy, Isaac Tyson. ana Samuel Dlll. an
fenced each to The County Prison for eighteen mORhs'