New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-07-16
IN INTERESTING SUIT.
EGAL PROCEEDINGS AGAINST SHAKERS.

LEGAL AGAINSI bHAhERS'
On Monday last Deputy Sheriff Kilmer
served writ OF hdbeas corpus Benjamin Gates and
Edward Fowler, trustees Of the Society OF Shakers at
New-Iebanon demanding the person of d. Barbour,
girl years OF age who 1t is alleged by her mother,
writ was returnable before Judge Miller at Chambers
Hudson yesterday The circumstance Of the case are as
bour the widowed daughter Of WIN. B. Dapi OF New
accompanied by her two children and went TO the shaker
settlement In New Lebanon avowing herself convert
B. Dau aged IS years followed her. and Joined the So
cety Three weeks ago, Mrs Barbour and her brother
who had long been FESTIVE under the restraint imposed
upon them withdrew from the Shakers but the Society
would not permit her TO take her remaining
This brought by Mr. DanIl and his daughter to
Newkirk and Chase and Hugh w Mcclellan appeared for
the relatives OF the child and r. T. Andrews on behalf OF
stance that placed in the custody of Ben
iamin Gates by an ndenture made May 1900 signed by
that the mother placed the child in such custody before
the issuing Of the writ that the mother dead that
the said child and unmarried and Is under the age
Of that the child by and with she consent OF her
mother bound herself out In writing that she - still I'D
custody and desires so to remain and that the was
in custody and controlled and restrained by virtue OF the
Mr. Newkrk objected the return first the ground
that the lndenture not stamped and second that 1t
signed the infant and further answered the
return by affidavit made by the mother OF
the child IN which che S dees that the e 5ss1
or reator, as the parties did not know what
Is not householder possessed OF property and il
married. that the infant educated in such way to
destroy natural affection for its parents and relatives
and detained against her will and that when she her
self signed the ndenture she did not she was giving
M the custody OF her chd to the said Benjamin Gates
After reading the return 20 tho writ and the answer
thereto 70 introducing the indenture
as evidence the ground that Il not legally stamped
al the time execution The Judge reserved his de-
cOn on this question until the ndenture should be intro
duced evidence aud suggested the proprety OF APP
pointing referee IL would be necessary 20 take con
sderabe evidence the The counsel for the rela
ves they had objection TO this course providing
that the mother OF the enid should nave te RiVeSe
the Court took his Honor remarking that ne
Thought the mother should have full 10
her child The child, who was present under
the charge OF two sisters Is an interesting
little girl Of about nine years OF age. The mother II
quiet lady like person. and maness mueh anxiety as TO
the result OF the proceedings. Benjamin Gates and
Edward Fowler Trustees OF the Shakers Society,
both At the reassembling Of the Court In
the afternoon special term order entered appoint
ing Cornelius Essestyne referee 20 take and report the
Judge Miller at his Chambers, Aug 80 next
of this order the child IL left In custody OF
the Shakers ad interim the relatives to have the privilege
OF visiting her four hours each day until the mai hear
in In Ina