The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-07-16
SHAKERS IN COURT.

Interesting Case mt Hudson-A Mother Sues
for the Recovery Of Her Child from the
shnkers-PartscuIars Of the Case-A Referee
Appointed to Take Testimony.
HUDSON, July Is. 1869.
On Monday last Deputy Sheriff Kelmer served
writ of habeas corpus on Benjamin Gates and Ed
ward Fowler trustees OF the society Of Shakers at
New Lebanon, demanding the person Of Marion s. d.
Barbour, a girl nine years OF age, who, it is alleged
by her MOTHER held by the society against her IN
cllnation and will. The writ was returnabe 6fOre
Judge Miller at chambers IN this city to-day. The
circumstances OF the case are as follows
On tue "a of october, 1865, Mrs. sarah Ann Bar
bour the widowed daughter OF VIM. b. Davie, OF New
Dorp, Staten island. left her fathers house clandes
timely, accompanied by her two children, and went
to the Shaker settlement in New Lebanon: avowlDg
aged fifteen years, followed her and joined the
society," Three re,o weeks ago MIS- ono baroo sn
FESTIVE at the restraint Imposed upon them. with
drew from the Shakers; but the latter would not
permit her TO take her remaining child, the other
having been killed by an accident. This writ was
brought by Mr.. Davie and ms daughter to recover
Kirk and Chase and Hugh W. Mcclellan appeared
for the relatives OF the child, and Il. Z. An; An
drews on behalf the shaker society, society: , inc
the infant was placed in the CUSTODY OF
benjamin Gates by an indenture made May 9, 1860;
signed by the infant and It's mother and the said
Benjamin Gates; that the mother placed In snch Gus
tody before the coming OF the writ; that the father
was dead that the sand child was and IS unmarried
and Is under the age OF eighteen years; that the
| child, by and with the consent or ner mOther.
| bound herself out in writing: that she IL still
| IN custody and desires to 80 remain, ana
| that the infant in custody and controlled ana
| restrained by virtue OF the lndenture.
| Mr.. Newkirk objected to the return, first, on the
| ground that the ipdenture was not stamped, and
| second that 1t was not signed by the infant, ana
further answered the return by an a'ndavt mane by
the mother OF the child IN which se denies tDat te
execution OF the indenture Is binding on the infant
or relator as the parties did not know what papers
they were signing; that the pretended guardian
Is not householder or possessed OF properly anu ID
| unmarried; that the infant IL educated In such o
| way as to destroy all natural anecuOn TOT parents
and relatives, and is detained against her Will and
that when she herself signed the indenture she did
not know she giving up the custody or her child
| 10 the said Benjamin Gates.
| After reading the return to the writ and the
! answer thereto discussion arose IA to Introducing
the ndenture as evidence, on the ground tfat II was
not legally stamped at the time OF its execution
The Judge reserved his decision on this question
until the ndenture should be introduced as evidence,
aud suggested the proprety OF appointing referee.
rs it would be necessary 10 take considerable EVIL
dence In the case
objection to tins course, provided that the mOther
of the enid should have tue privilege Oh see'h9 "er
In private. ,, A.. .o,r, cool
q recess mis- Honor remarking that ne Thought the
| mother should have Iull access to her child.
The child who was present under the charge Oh
two SISTERS "a an interesting little girl of about nine
wears of age. The mother IL a quiet, ladyhke per
son, manifests much anxiety az to inc result D
Fowler trustees OF the Shakers Society, were botf
Al the reassembling OF the court this afternoon Q
special term order was entered appointing Cornelius
ssestyne referee to take and report the evidence Il
| Judge Miller, at his chambers, August 80 next By
the terms Of this order the child is left in custody OF
the Shakers "a Interim the relatives to have tht
privilege of visiting her -four hours each day nDti
the dna hearing ia the case.