The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1870-03-05

provided that O liberal snare OF said
property is to 60 TO the boy. Archer
and wife give the boy good moral train
ing. take him to church, teach him
the catechism and make him say his
prayers. His father and stepmother
were in the habit of doing the same by
him. 1t was proved that Hopkins is
man of good character and q nj and
proper person to take care OF the boy.
Twelve witnesses swore that they know
his general character and thatlt IS good
and that he is q fit and proper person to
take care of his sop. Six witnesses, ln-
cludipg the respondent, swore they be:
lieve he is unfit to have the care and
custody of children. One only of the
six swears that he believes his general
reputation to be bad; that witness Is
the respondent in this case. Hopkins
in August, 1869, was appointed by the
recorder of Brooke county guardian OF
his son.
The friends and parents of Hopkins
first wife were opposed to their mar
rage. By evidence which was objected
to It was proved that the scriyener who
wrote John CrawfoTd's will made q
mistake in drafting il; that the said
Crawford did not intend that his son.in-
law should have any courtesy in his
wife's estate, but the will as written
did give him life estate, and showed
nothing on it's face of any contrary in
tention on the part of the testator.
By evidence whichwas also objected to,
it was proved that the respondent and
his friends in selling his courtesy ln-
tended 10 carry out this intention of
the testater, and declared it to be their
intention to apply said courtesy to the
benefit of the bov, though the record OF
the case proved that said courtesy was
sold for the benefit of the said respond
ent, and to satisfy the claim for board
as herein before stated and nothing
more.
After the boy had been in the care Of
his grandfather Hopkins, as hereinbe-
fore stated, about three weeks, the re-
spondent, Archer, learned his where
abouts and went after him. Arriving
there, he demanded Of his grandfather
the custody of the boy, which was re-
fused. Whereupou respondent went
to Medina, about four miles from
the residence of the grandfather
| anu aJ hNO OSlOSh III VIZ
evening obtained from the Pro-
bate Judge a writ of hGbeGs corpus, di-
rected to the Sheriff, to summon the
grandfather and to produce the boy
forthwith. The Sheriff Immediately
served the writ upon the old man, and
took the boy and returned him with the
writ before the Judge. The old man
did not appear that night, and about
nine o'clock of the same night the de-
fendant, not answering the writ, the
Judge rendered his decision that, no
cause being shown for his detention, he
should be released, which was accord
ingly done, AMI about ten o'clock the
same night respondent procured car
riage and took the boy TO the railroad
station, about fourteen miles distant,
from themes by rail home.
The petitioner was not present and
knew nothing of these proceedings
Sume evidence was introduced tending
tn prove that he treated his first wife
nnkiudly. Her will introduced to
prove that she had willed him
al her property, aud appointed him
the executor of her will.
1t proved that she had great lovo ard
! affection for him and confidence in him.
IL was proved that he lived unhspplly
with his second wife. Other evidence
was introduced tendiRg TO prove he
lived happily with his first wife.
Icertfy that the foregoing is cor
rect statement Of all the material facts
proved on the trial of the above cause,
AID order the same to be entered by the
Clerk of the Circuit Court of Ohio coun-
ty among the records of said Court in
| said cause. j. L. HoKE,
Judge Ninth Circuit.
FEBRUARY 23th, 1870.