The New York herald., 1870-01-08
CORINNA LEWIS.
Tho Lewis kidnapping CRse-DecisiOn Of
Judge Cardozo-ThS Child Restored TO Its
Mother and Protection Ordered for Both.

Tho Lewis kidnapping Case-DecisiOn Of
Judge Cardozo-Tbe Child Restored to Its
Mother and Protection Ordered for Both.
At Supreme Court Chambers, yesterday, Judge
Cardoz0 rendered decision IN the matter OF
Comma Lewis, as follows:-Ths matter lies
within a very narrow compass. MIS-. Lewis
brought an action against her husband In the
state OF Massachusetts. where they then both
resided, and OF which they were citizens,
to obtain q divorce. Process ~ the suit was duly
served upon the defendant Thus there is litiga.
ton the courts Of Massachusetts between citzens
Of that STATE, and In that light only ia this
matter 10 De considered; for the circum.
stance that the defendant claims to have
become citizen OF ths State ID nimportant
and in way Affects the matter nor presents
any new right, because the change, If made, was
after the suit brought, and after the order next
mentioned had been served. The Supreme Court OF
Massachusetts, in which the action was brought,
having thus Jurisdiction Of the subject matter ana
OF the parties made order which DR.. Lewis evi-
dence SHOWS was served upon hlm, awarding the
custody OF the child Corinna to the palntifr Mrs.
Lewis, during the pendency OF the action After
this the father, Dr. Lewis Is found wt'n this State
with the Chd In his possession Therefore the mother
asks the aid OF this Court the child being brought
by habeas corpus before q Special Term thereof,
TO restore the chd TO her. that she ana It may re-
turn to her home; and comfy, II nothing else re-
quires that her request should be granted. The
Court Is not asked to enforce an order OF foreign
tri0una@ against one OF It's wn Citizens. No such
question arises 1t Is only asked not to
permit citizen OF sister STATE to defeat
an order by the courts OF that StaIe between
It's own citizens by coming apparently ior the
purpose OF evadlng and avoiding MS legitimate aile
glance ought not to and do not pass upon the
questions Of TACT so elaboratey discussed before
/ nave nothing to do with them. lind valid order
OF court OF sister state Of competent jurisdiction
maze In an action between les own citizens award
IN a a
pendency, aud IL Is not FOR me to inquire into the
propriety Of lhe order. Whether 1t was regularly OBJ
taned whether 1t Ii erroneous, wnetner for any rea~
modification OF IL should be made are all ques-
tlors which belong exclusively and must be ad-
dressed to the courts OF Massachusetts. NV duty do
nands that should Zee tnat the order s respected,
and that duty Will only be performed by my making
an order that the cniid DC delivered to the
mother, and that suitable protection be given
TO the child IN the motner's custody and
to the mother IN the care and custody
OF the child long enough to enable her to return
from our jurisdiction, which she has sought for the
purpose Of recovering her daughter 70 the State OF
which she Is citizen tsee IN re Derole, John:
32S). II Captain Jourdan, TO whom have conflded
the care OF the infant during these proceedings viii
assume the Iurtner duty OF extending sucn protee-
drawn SO as to direct and empower him to do 10,
otherwise 1t Will command the Sheriff TO afford suCh
protection. Let an order be entered accordingly.
ORDER OF THE COURT GRANTING PROTECTION.
Tue following Is copy OF the order referred to-
Upon the to the writ Of habeas corpus herein and
tss s asa o joined @
and on hearing William f. Howe counsel for serene
Lewis the reator and mother Of said Cornna Lewis and
Judge Birdseye and L. @. Crosby of counsel for Wliem
a. Lewis, the father Of said Conna and the respondent
herein, and upon the proofs and documentary evidence
hereby ordered that the said infant Cornna be
forthwith delivered into the custody and control Of
the eao Serene Lewis and that the said Serene Lewis
the sole custody and control Of said Coriuns
| Lewis, according TO the order Of the Supreme
Court of the state Of Massachusetts heretofore made
| 70 that end. and that no person interfere with
said serone Lewis TO the custody
said infant Corinna attempt to take said Cornna
OF custody the said Serene Lewis In the
Rev York Il is further ordered that Captain John jour
OF the Sixth precinct Metropolitan Police OF the city
New York in whose custody said C0rBna s do forth.
deliver said CornIa said Telaor, Lewis
conformabiy this order said CAPITA
enforce the execution OF alordng
said Lewis due protection aRains, infringement
violation Of this order and that said Captain do
Serene Lewis and said Corinna safely
her custody to the boundary line Of the State New
said Corinna safely In the custody Of said
Serene ewis said boundary line without any moesia
ton OF hiudrAnce