The New York herald., 1869-06-05
SUPREME C0URT-ChAMBEAS.
Curious Habeas Corpus Cnse-A Child Re-
pels Her Mothers Affection.
Perore Judpe Cardozn


IN the Matter Of Jane Ellen O'COnneli an Hlfdnt.-
The relator, Jane Ellen, Is a Child Of about eight or
nine years OF age. About years ago the child g
mother gave her into the keeping OF John O'Connell
uncle Of the child, and during that period he has
treated her with great Kindness and care and she
now regards HIM more with the affection Of child
towards It's parent than uncle. Since that time
the chid's mother has remarked, her former hus-
band being Dead and she is now in position TO
provide well for and bring up her little daughter.
The mother, Bridget Mccormack, made applica-
ton to this court upon writ OF habeas corpus 10
compel John OConnell to surrender the child TO her
custody. Mr.. o'Connel appeared as his own coun-
sci and claimed that the child did not desire to go
with its mother but on the contrary, preferred 70
remain with him. and that occasion, In con-
sequence OF the mothers attempt forcibly to take
her away, the child was sick for considerable time.
No pretence was made that the mother is not NOR
ally and pecuniary competent now TO take care OF
Judge Cardozo, after hearing the motion, decided
to award the custody OF the child to Mrs Mccormack,
and the parties shortly left the court room.
AS soOn however, as they reached the outer door
Of the building the child upon her mother attempt
ing TO take charge Of her, became very refractory,
cried protested that she would not so with her
mother, and. throwing herself down upon the iron
stoop, held fast by her nands to the grating large
crowd assembled about the scene, and Judge car
doZo hearing Of the fact left the bench and had the
recusant juvenile brought before him In his private
room. The Judge Is generally acceded TO be gen
tleman OF good argumentative powers and or Kind
and pursuasIve manners and temperament; but, in
particular instdHCe, HIS 10 luuuCe
the child to accompany her mother failed ana he at
last consented that for the present. at least the lit
tie girl should remain with her uncle. The mother
has always had, and is still TO have the privilege OF
visiting her daughter. Finally the child went of
quite chcerfully with Mr. o'Connell.
The Union Pacific Railroad Litigation Again.
charles W. Pollard rs. The Union Pacific Railroad
Company ct 0i.-The allegations and relief sought
In this action substantially the same as those of
the Fisk suit, and the case came up yesterday on
of m
OF 1867, 10 the cause for trial 10 the United
States Circuit Court and for the estoppal OF all pro-
ceedings in this court in the action. The motion
was made by the defendants, Qakes Ames and
Messrs. Tutte and Crane, who claim TO be nonresl-
dents OF this State.
Ex-Judge Emott appeared for Cakes Ames, Clark
Bel on behalf OF Messrs Tutte & Crane, and David
Dudley Field for the plaintiff Pollard.
Judge Cardozo expressed the opinion that 1t was
unnecessary for him TO hear any argument in the
matter, all the facts being conceded TO he virtually
the same as those involved In the Fisk suit, which
was now pending before Judge Nelson OF the United
States Circuit Court OF this district and he would
say further, without intending any reflection what
ever upon any oil his associates on the bench that he
would implicitly follow the decision OF Judge Nelson
when rendered, the whole matter having been fully
and eXhausively laid before tnat Judge for consid-
Grafton and determination.
Ex-Judge Emott suggested that IN view OF the
present condition OF Judge Nelson's health has de-
cison in that matter might not at least for long
time and perhaps never be rendered.
Judge Cardozo said that that a matter which
present no reason to anticipate such a result and
the matter could be allowed to await reasonable
time.
The case was then submitted to the Court.