Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1871-05-06
HearingI,n the Case of Thomas Earle


The case of Thomas Earle, summoned to give an
swer for contempt of court the petition of Alice
C. Earle came before his honor, Judge GRAY, ofthe
supreme judicial court yesterday forenoon, accord
ing to assignment. Hon. George F. Hoar and Hon.
W. W. Rice appeared as counsel for the petitioner,
and Geo. F. Very, Esq, for the respondent.
Mr.. Very objected to the taking Of any action in
the case until the respondent was in a condition to
meet the witnesses against him, face to face, but if
any action was taken, he held that it should have
no force against him, in the present or in the fu-
ture. To show that Mr.. Earle was not in a condi-
ton to this any other charge his counsel
read the following affidavit of DIR. Bemis:
l. Merrick Bemis Of Worcester, on oath depose
and say that am physician and superintendent
OF the state lunatlc asylum at worcester; that
Thomas Earle Of said Worcester was admitted to the
hospital under my charge on the afternoon of the
second day of May, A. D. ISL; that he mas remain-
ed there under my supervision ever since; thatI
have seen him frequently during that time almost
every hour except at night; that when he was
placed under my care he was in highly excited
and maniaeal condition and wholly incapable Of
selEcontrol; that there has been Improvement in
his condition since, and my opinion Is that he is
constantly losing his mental power, and that he is
utterly and entirely ncapaciaed for business of any
description, and believe Is wholly unable to APP
pear at court to answer any charge against him;
and that he should be restrained of his liberty, and
that he is t and proper subject for treatment at
a lunatic hospital MERRICK BI,AfIs, NJ. d.
Mr.. Hoar agreed with Mr.. Very that any evil
dence which should be taken now would have no
more force than a6idavits taken ex parte, BE re-
ferred to Mr., Earle's action as not only contempt
of court but high crime, and it was proposed to be
shown that he was in the full possession of his fac
ultes at the time as evidenced by the great shrewd
ness with which he laid his plans, in which he
aided by near relatives, who would not have assist
l. /. = =
able to have the evidence taken while fresh in the
minds of the witnesses The results of these nves-
LEGATIONS might be placed file, and made the
foundation for future proceedings.
The court sustained the position of Mr.. Hoar os
to the desrableness of taking the testimony while
1t was fresh to be made of at the proper time,
when the following afidayits for the petitioner
read by her counsel:
l. Sybil r. Bigelow of Webster in the county of
Worcester, on oath say, on Friday afternoon April
2Sth, 1871 in the entry, up stairs in the stone
court house, in Worcester, talking with my father
about having seen the children of Mr.. Earle 90
from the depot. A man stepped up, small, thin
man. who said, II am the father of those children.
Before three suns have set will have them back
under my own roof" My father heard this and
said it was Thomas Earle. was speaking about the
unwingness of the children to go. Earle said he
should like to take my name as he might want my
sYBu R BIeEIow.
WOrcest er, Jan. 8, 1871.
AFFIDAVIT OF DEPUTY SHERIFF HALL.
|. S. D. Hall Of Grafton on oath, say:
am deputy sheriff within and for the county
of Worcester; on the afternoon of Thursday, April
q, went to the house of Thomas Earle, in Worces
ter, with Stephen B. Ives, ESQ., ! went into the
house, leaving Mr. Ives il the carriage. took with
a copy of decree of the court ordering the GUS
tody of two minor children to be restored 10 their
mother, ! went into the house, and found there
Thomas Earle, lady whom understood to be his
present wife, and his four children. Very soon his
two brothers Edward and Timothy came into the
room. l told him l brought copy of the degree of
the court, and had come for the children. He COM
planned of the decree. He said this has come upon
me very suddenly, and asked if the children might
remain over night. He said ''Mr. Officer, l want
you to understand do not mean to resist you but
want time to consult and find out what my rights
are" said Mr.. ives was in the carriage. He said
ask Mr.. Ives to come into the house. / did SO, He
assured him that if his ehildEen could be left
night they should be there in the morning. The
two brothers both assured Mr.. Ives that he might
depend on the children being there in the morning
Mr.. Ives consented and we went away,
Il should have stated that before Ives went in,
Thomas Earle said to me "you can take away the
children" replied ~ am sent here to take them
away. This order is for You to restore them" He
replied, 81 shall never deliver them up, no act Of
mine shall ever contribute to separating them, and
no court can compel me to do it." 1ils CONVERSE
ton was all in the presence and hearing of the
children.
returned the next morning with another pre-
cept from the court ordering me to take the chill
dren and deliver them to their mother. Mr.. Ives
and Francis Buttrick accompanied me; we went in,
found Thomas Earle, his present wife, the four chill
dren and Edward Earle and I. X. Earle. said to
Thomas Earle 81 have precept commanding me
OF their mother" He daid II should like to see i''
gave It to him. He read 1t aloud. Then he says
"ThIs is not right. never wall deliver these chill
dren upon that precept ] will resist 1t to the
death; this want You to understand" This he
said in loud tone in the presence of the children
Ives said what Is the matter with it Re replied,