Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1871-05-06

stairs spent some time trying to induce the girl
to go out, She refused; At length she said, "is
Uncle Edward herer' This was about fifteen min
utes after went up l called him; he came up;
she said, "Uncle Edward, shall unlock the door,"
He said TO her, Thee must do as thee thinks best
| said, "Mr. Earle, am surprised that you, a man
that's got the sense that You have got and holds the
position that you do in this community, should take
the course YOU do in reference TO these children.
One word from You, and that girl will open this
door" He REPLIED that he should do nothing or
contribute nothing toward having the children
taken from the family of his brother. said, "Mr.
Earle, are you going to compel me to break open
this door" told him il would excite the children
10 have me an officer, break the door in upon them.
told him IT was his duty to make things as pleasant
for the children as he could when he knew that it
was thing that had got 10 be done. He replied
that he should ave no hand in 1t; He said he
replied had precept from the supreme court, and
il was my duty to exe:ute it. said, "Mr Earle,
the course you taking am afraid will result In
getting your brother into the county house. The
little girl said, "Uncle will my father be put into
jailp' He replied, ~ don't know, dear, but he
Will" ! said, Little girl, You open the door and
your father won't be-" Edward then turned
and went down stairs. She then opened the
door in minute or two; Iwent in and talked
with the children, and both took hold Of
hands and walked down stairs readily without any
further objections. When we got down stairs
Thomas Earle came into the entry. 1t was cold
stormy day. asked him for some clothing for the
children. Told him they were not suitably dressed
to 20 out. He refused. 1 then asked his present
wife for some. She refused. then said off you
haven't humanity enough TO furnish the children
with clothes, will you lend me some? l will return
thcm." They refused. then said we have some
things in the carriage. We had brought coat and
waterproof which did not fit the children. then
said to the little girl "Have You got clothes?" She
said yes said, Will you show me where they areE
She said yes and took me TO the room on the
ground floor. not up stairs. and there found some
thick boots for herself (she had before their slip
pers,l and shoes for the boy and n waterproof cane
and hat for her, and coat and cap for the hoy. We
then went TO the carriage AS left the house the
little girl cried. said so0thingly, Don't cry, my
Nuhp rrAtnA I hnaE1 and
whom | believe to have been her uncle Edward
Earle, said, ''Ihee can cry. Thee's right to cry
all the y to oI Boston if Hee wish We gOt into
The following is the substance of the affidavit of
Stephen B. Ives Esq, of Salem, one of the counsel
for the petitioner:
AFFIDAVIT OF s. b. IVES, ESQ.
On Sunday, April 30, about one O'Clock, p M,
Thomas Earle called at my house and asked me in
regard TO papers in the suit in equity between him
self and the petitioner in Essex county After some
conversation and an agreement my part TO go to
my Office and procure them for him, he spoke in re-
60 I'd TO the children whose custody was decreed to
the petitioner He informed me that he had con-
suited Henry W. Paine of Boston as counsel, and
been advised that he had right to his children
whenever wherever, and as often as he pleased,
that Mr. Paine had said to him that if at any time
he was refused admission to the house of the petit
TONER for the purpose of seeing said children, he
said Paine would at once procure writ of habeas
corpus for him. ! then informed respondent that /
had instructed Mrs Earle that for the present, at
least, he had no right to have access to said chill
dren that his visit to said house on the day before
Saturday had had no other effect than to make
them unhappy and uncomfortable and TO harass
said petitioner, and that had therefore instructed
Mrs. Earle to refuse Mr.. Earle admission to the
house. told him farther, that if it was his pur-
pose, as he had SAID to the children, to be in Salem
during the coming week, and to make daily visits at
the house, he might understand that he would be
refused admission, and that he might apply to the
court for writ of habeas corpus as soon as he
pleased. After some further conversation, he said
to me that he desired to see them only
and that he desired particularly to see them
that afternoon for few moments for the sole pur-
pose of obtaining from them list of such articles
as they needed or desired, which had been left in
Worcester, and that for that purpose he would like
to see them at some other place than at their mo-
theirs house suggesting especially my office or any
house on the street. | promised to consider the
matter and to consult Mrs. E. and report to him at
the Essex house. Subsequently about half past two
O'Clock went to my office and procured the papers
which he desired to be given to MIN at the Essex
house, where he again spoke of his desire to the
children in my presence during the afternoon, and
assured me solemnlY that If his request should be
accepted he would make no further attempt to see
| them communicate with them until such time as
| Paine and myself might agree upon proper. He
also suggested that he preferred not to go to the
house of the petitioner, as he had been advised by
Mr.. Paine not to do So promised to go at once to
neT to Ou't comply With tRs sS request d SndeT
| the conditions named by him, l did So
and procured from her permission for the children
spoken Of by him. at the house Of Mrs creamdr
neighbor and relative of Mrs E.. and that this place
was chosen because the little girl herself said she
| would prefer it to the house of a stranger. Mrs
| Dreamer then toek the two children to her own
house. and returned to the Essex house to inform
| Mr. Earle of the arrangement. Mr. E. objected to
seeing the children at Mrs. Creamers house, upon
/ the ground that he not on friendly terms with
| her, and again repeated that he would them in
the street and would be satisfied with that. de-
cined this proposition and told him if he objected
to Mrs. C.'s house would take the children to my
| house which was but short distance from Mrs
| (rpampr's. another street and no pOuld them
He assened TO this and promised to be at my house
| by the time / could get the children there. l then
went to Mrs, Creamer's and started with the chill
aren towards NY pEn mouse upon turning INTO
| Brown street on which live, saw Mr.. Earle near
my own house coming towards me and we met in
| the street. He at once sat down upon the nearest
| door step and began to talk to the children about
their things, but after few moments got up, say
ing that perhaps after all we might well go TO
| the house, and we started in that direction We
| had reached within six rods of my own door, when
| carriage which had seen in the street but had
taken no particular notice of, stopped dtroetly op
posite us, and Mr.. Earle eXGlaiming, "NOw then"
or something like it, seized the girl and placed her
IN the carriage. and at the same time another man
whose name l have since asceTtained to be
\ Clifford, jumped from the carriage and at
tempted to seize the little boy. at the same time
seized the boy, when Mr.. l.. himself and the driver
of the carriage attacked and attempted to wrest
| the boy from my grasp. l resisted to the best of
my ability giving al alarm and calling for assist.
| ance. Seeing assistance was approaching, the
driver at Mr.. Earles direction, mounted the box.
/ and attempted to drive away, which he succeeded
in doing and escaped with the carriage containing
| Mr.. Earle, the little girl, and young man whom
believe to be the of clifford, leaving the boy and
said Clifford in my grasp. After awaiting the arri-
val of the officer to whom surrendered said eff
ford and carrying the little boy home to his moth
er, staIted for the police STATEN and on the way
met palrymple, assistant city marshal, with whom
| | arranged TO start Immediately in pursuit of the
| fugltives. We proceeded at once to Boston and
caused notice to be given to the police of that city,
and at about eight O'Clock found the girl in the
| police station house in Charlestown, and subse-
quentiy returned to her mother Salem arriving
| there about eleven O'Clock P, N.
In addition to the above facts to which solemn
ly testify under OATH am credibly informed that
| the sad Thomas Earle arrived in Chsrestown with
his SAID daughter at about halfpast five O'Clock the
| where they remained two hours when they took
another carriage for the purpose OF being brought
TO boston to take one of the Sunday night express
trains from that city, and that Immediately upon
their entering the carriage it was taken possession of
by Charlestown officer, whom Mr.. q: severely as;
| and confined where found him on my arrival in
Charlestown, as before mentioned.
An affidavit of the carriage driver, George H.
Savage Of Sharestown, contained his statement of
the start of the party earle tustavus Clifford, and
son of the latter from Charlestown On the way
to Sale just previous to the occurrences above de-
tailed. He states that Earle told him tSavagel to
drive down to Lynn and go to Nahant; that after
going part way Earle eountermanded the order, say
would go to Salem" Other afidavits were read
comprising details OF the affair not new to the
public.
u NJ. IuDpAru, hafE 1FlYer, was examined, WIN
view TO show that he was awaiting the arrival of
Mr.. Earle that Sunday night by the train with the
children. He was engaged to go to the train, but
denied any completely In the affair.
DIR. BeInis, superintendent of the asylum testified
that Mr.. Earle was not confined there under any
legal process; that, in case of escape, he had no
more authority than any other person present to
arrest him.
Mr.. Hoar stated that he was not DESTROYS of push
ing the matter any further at the present time 1t
was plain that Mr., Earle not in q condition TO
defend himself or explain his actions, and at his
suggestion the papers were placed an file, TO be
called up by either side of the case, either in term
time or In vacation,
Probate Court Record.
The following business was transacted at the ses-