The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-02-03

ivn; that the pedler had quit business ena
tables and slept In barn. where the pedior had
stabbed his horses; on the Attn OF Apri last naving
agent with party Of boys, and on arriving at MI
ton, Randolph county, No., accepted employment
wsn Mr. wa s In nas Sa WIZ
liam had been sent West by the Society, ap.
piled 70 the defendant and claimed that ne
should be returned. The defendant sent tnstruc-
tions for such return, and money wherewtn TO de-
fray the expenses Of the journey but William had
the defendant was prompt, earnest and reasonable.
But that effort would be no answer 10 the plalntns
the first instance mad been wrongful, as charged.
The paramount right OF parents 10 the aid ana
society OF their children Is respected IN all civilized
countries, and Is jealously guarded by our laws.
Within well accepted principles 1t Is necessary
In an action OF this character that the enticlng
away and harboring OF The child should De wllul
and with notice or knowledge OF tine fact That the
Child has parents or guardians whose rights are
thus invaded. without such notice or Know-
edge. an essential element OF the wrongful entice
ment known 10 the law Is wanting. the words
as nse so Incl % am ANA acoD a
acted upon by the Courts, have oeen Wei
defined. They import an initial, active
which the operations OF this society, with It's means
OF liberal AID, the opportunities 1t offers to travel,
to visit new scenes and find new nOmeS-very
seductive to the youthful imagnatiOn-may be con-
sidered as amounting to q solicitation. But the en-
ucement OF sQilcltallon which may De mus implea
the enterprise, has been sanctioned by the act moor
pOrat1ng this society, Is legitimate and may ialrly
be cOntrasted with the wrongful enucement or
solicitation OF which, either for correction or pun
ishment the courts take cognizance. In this IN
stance the boy came 10 the defendant more than
once, each time repeating the same story He APP
peared TO require aid Though cared Tor and well
clad at home, he had cunningy adopted the appear
ance OF one IN want lie thus moved the sympathy
and gained the confidence OF the defendant. He
accepted, however, with hesitation, ana alter
delay, because he mad no one to speak Tor him.
Although in case ike this the acceptance
OF candidate without positively knowing
the truth OF his story works great hardship am
not prepared to hold that no candidate should be
tend TO the exclusion OF many persons worthy OF
the charity OF this society," The learned counsel for
tile plaintiffs insist that inquiries should have been
made at Flushing where William SAID he had lived.
II the question before me were as to the
degree OF care and diligence proper to
force OF the argument. 1t may be that careful In
quIries at Flushing would have cast doubt upon the
boys story and LED to his rejection Ii sucn inqui
RES had led to no discoveries, yet the boys story
might have seemed not the less true In every par.
licular. II the first hundred men met within tnat
master, Sheriff, Commissioners OF the Poor, had
p be inconsstent VIII his rS 1aH
The poor and unprotected, not noticeable
for improper or criminal conduct,
generally little known and soon forgotten. But the
nor as to the best and safest mode OF carrying on
the operations OF This society. II Is as TO wrongful
act the undue solicitation OF this DOy to leave his
parents; wrongful conduct which cannot under
the circumstances OF this case be imputed TO the
defendant. As this is an action for equitable relief
ment Is ordered dismIssing the complaint, without
costs.