The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1870-03-05
The. Hopkins. Archer Case
Judge Hoaes Summary OF the Tesii'
mony.

Judge Hoaes summary OF the Iesh-
mony.
George G, Hopkins - Ill.,. c.u,,.
rs. ION Hdbeds Corpus.
James Archer.
The following facts were proven in
the above cause:
George g. Hopkins, the petitioner,
sometime in the year 1854, married Sarah
Crawford, daughter of John Crawford,
of Hancock county, who died in the
year 1859. BY his last will the said
John Crawford left his slid daughter,
Sarah Hopkins, about two hundred acres
Of land, worth over forty dollars per
acre; this farm, by said will, was
charged with legacy of $500 in favor
of his daughter Susan In the year
1859 Sarah Hopkins died, leaving as her
only son John c. Hopkins, aged about
three years. On her death.bed she re.
quested her sister Susan, then single,
and her grandmother, to take the boy,
bring him up in the fear of God and not
spare the rod, to which the petitioner
Hopkins, assented, until he could
provide a suitable hCme for the boy. On
the l4th Of October, 1868. George G.
Hopkins married in Bethany, New York,
Miss Harriet Lane, and immediate
ly c, mmenced housekeeping in the town
Of P iris, Pennsylvania, and took the said
son, by his first wife to live with him.
Jan IS Archer married Susan Crawford
abo 1t three weeks after Hopkins second
marriage. The said Archer and wife
lived with their mother for a short time
after their marriage, aud then went to
keep house by themselves. The boy
in question was then about eight
yeas of age, had been living
with his grandmother and aunt
until this time and went from
his grandmothsI's to live with his
father at Paris, Pennsylvania. A few
weeks afterwards, the boy returned to
live with his grandmother. It was ex-
pected after Hopkins second marriage
that. the boy was to make his bome
with his father. After residing at Paris
six months Hopkins aud wife went to
Cleveland and boarded in that city
about three weeks. The boy then was
with the grandmother and aunt; at that
time Hopkins, after consultation with
his wife, weHt to Montana, and by his
request the stepmother went to Steuben'
vile, Ohio, got possession of the boy
and took him with her to her home in
New York. Hopkins, on leaving his
wi % at Cleveland, gave her $50 to bear
tn, expenses of herself and the boy 10
he: home. The boy remained with
hi,, stepmother in New York nine
weeks, when respondent, James Archer,
by request contained in letter written
by G. G. Hopkins at Fort Laramie, went
to New York and got the boy and TOOK
hi II to his home, where he has lived
ever since, except few weeks during 6
which he was at Medina, Ohio.
Iu 1866 respondent Archer filed bill
in chancery, in the Circuit Court OF
Hancock county, against said petitioner
Hopkins for the purpose of attaching bis
courtesy in his ~i' 'es estate, AS he Was
q nonresident, aud owing the sum o.
S343 for the board at $500 per week of
the said boy, the said snm Of S3i3 being
balaIce due from the 9Th day of July
1859. up TO he the 23d day OF February,
1866, includIng the time and expense OF
bringing said hoy from New York; and
praying further decree against the said
father TOR the-suppOrt of the said child.
The court granted the decree and sold
the husbands courtesy in his wite's
estate to satisfy this bill. Hopkins
provided for his wife in part while he
was separated from her. In February
1867, the wife went back to Cleveland
and lived with her husband (Hopkins)
until the May following. She says she
then left him because he was immoral.
This was in May, 1867 and she has not
since lived with him. She went to the
medical school at Philadelphia, Penn
sy lvania, studied medicine and is row
prscticing medicine in New York. Her
testimony (Which is objected toy states
that from her husband immoral conduct
she was attacked with disease. She
never had any children. She says he
provided for her in part but not snffici.
entity. Hopkins has declared his willing
ness to live with his wife and love her
if she would only return to him.
In the spring of 1863, Nancy Crawford,
grandmother of the boy, died, leaving
him about $1,000. Soon after this James
Archer went to the county of Hancock,
and had himself appointed guardian of
the said infant, John c. Hopkins, and
gave bond in the penalty of $1,000, con-
dItioned according to law. In April, 1869,
Hopkins went to Mr.. Archer's house,
when said Archer aud wife were away,
stGid over night and the next day in
duced his son to 60 with him to Steuben-
vile, Ohio, for the purpose of having
his (the scn's) photograph taxed. When
he arrived at Steubenyille, the said Hop
kius did not have the boys picture taken,
but took him on board a steamboat and
brought him to the city of Wheeling;
there bought the boy some clothes, shoes
&c took him on the cars Gas the boy
says) telling him he (Hopkins) would
take him to his uncle James, but took
him to his grandfather Hopkins. in
Medina, Ohio, and left the boy with the
old people. The old man was seventy
or eighty years of age, drank some
whisky, swore some and as the boy
says, was cross to him. While with the
grandfather in Medina, Ohio, the boy
wrote his father q kind letter, asking
him if he would not take him TO the
school he had promised to take him
to. The boy said the old man (the
grandfsther) was cross, and called him
iackass because he did not spread
the manure right. All the let
ters of the boy (and there were four or
five of them written in the latter part
of '6s and winter of 80 proved that be
had true fiiial affection for the father,
and the letter written from his grand
father proves the same. The boy said
in Court that he would rather 60 with
his Uncle James. James Archer testi-
fed that the boy had so told him.
1t was proved that Hopkins was en-
ployed by mercantile firms in Cleye-
land, and had been so employed for
three or four years; that he received by
salary and commissions from $500 to
$1,000 per annum, and has been for the
last three or four years a man of good
business habits, honest and industrious.
Hopkins, as well a, the respondent, is a
member of the United Presbyterian
Church. Hopkins produced bis certifi.
...o of ob ,roh ~ am harshin rhicb va a