The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1872-03-05
CITY AND VICINITY.



MoNDAY.-Henry G. Clark ,petr. for ha6eas corpus
VS.. Lucus NJ Clark The subject of this petition is
a female child nine months of age, and was taken
from the house and possession of Dr. Clark Of Boston
to whose wife, is alleged it given by its mother
ut her DEATH with the assent of its father and brought
to this city to the house of the respondent who mar
red the sister Of the father, George Bagley. A de-
tectve was Immediately despatched to this city to
find the child, but afteI spending week here went
back without ascertaining the whereabouts of the
child. The matter then put into Sheriff Perry's
hands who yesterday found the child at the house of
Lucius NJ. Clark, the respondent, Wilmot street.
Dr. Clark and his wife Immediately came to Portland
and sued out writ of habeas corpus. The testimony
in brief, is this
Dr.. Henry G. Clark, testified reside at IS Bea-
con street, Boston; attended the mother of this
child who sister to my wife, at the birth of the
ehild she died about twelve days after the birth of
the child; then told her she could not live, and that
she must soon die she expressed strong desire,
she had before, that my wife should have the child,
and made her promise to take care oft the day be-
fore she died she had clergyman come, and in the
presence Of the father who assented to It, the child
was christened in the name of its mother and my
wife, after which the mother with its fathers
sent, gave it formally to my wife; the next day the
mother died and asked the father Mr.. Bagey, what
Ac W 10 Will tu6 ne WlSueu ub W
it in accordance with the will of the mother, and he
said he should be happy to have do So and to give
1t our sirname; we took the child and have had it
with usthe father visiting it occasionally but mani
Testing great interest in it. until two weeks ago,
when, in accordance with invitation from me, he
accompanied my wife and to the museum; on
irving there he disappeared and shortly after
notified by the servant that the child had been stolen
Previous to this the father had manifested any
desire for tho possession of the child and gave
1t anything, did he to manifest fathers in
terest in it.
Mr.. Locke, the attorney for the father, moved for
posponemen in order to bring witnesses to show that
the petitioner and his wife not proper persons
to have the custody Of the child which the court de-
clined to allow.
George Bagley, the father, then called, who
testified that he was twenty years old, and was
Journeyman printer, earning wages Of S14 or $40
week that he never consented nor gave away tho
child; that there no promised gift Of tho child at
the christening; he said he only consented that Dr.
Clark and his wife should take the child and keep
until he was in situation to take Of it; he de-
MED any such conversations testified to by the doc
tor as to the obtaining possession Of the child he
he took that course to avoid any troube that on
irving at the he Immediately returned to the
house and requested the servant girl to get Mrs.
Clarks opera glasses the girl started up stairs to get
them asking him to look out for the baby, which he
did, by taking 1t and leaving the house; he immed-
ately left on the train for this city. M t-.lr
The Judge awarded the custody of the child to DR..
Clark and his wife for the present without prejudice
to the rights Of either party and remarked that mas
much all the parties and witnesses resided in Bos
ton, that the proper place to settle the matter.
Municipal Court. ~ 4