The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-05-28
the SMALL HABEAs CORPUS CASE.

Judge Fancherss Ruling Critically Re-
viewed-The Rights or q Father TO the
Custody OF HIS Child from . Popular
Standpoint.
We publish below a series Of letters addressed to
the HERALD. commenting upon the conduct OF
Judge Fancher In the Supreme Court, Chambers
on Thursday last. on the application OF Patrick
Small for the custody OF his child, Mary Elizabeth
Small, aged thirteen. at present held by the ST.
Barnabas Home Society, q branch of the Protestant
Episcopal City Mission. These comments and crti-
cisms have been elected by the report OF the pro-
ceedings In the case referred to, which appeared
In the HERALD OF Friday last.
From ga Catholic, but No Bigot."
To THE EDITOR OF rHB HERALD
was present In Court on Thursday last
when the application OF Patrick Small for the Gus
tody Of his child came up before Justice Fancher
on writ Of habeas corpus and, with all due re-
spect to the excOunsei OF the Methodist Book Con-
Germ. his arbitrary disposal Of the case made q
similar impression upon me that Justice Davis
action in the Train case had upon the Tribune
have grave fears that he has much impaired
his usefulness. The exceeding Importance OF the
question involved makes short review OF the case
appropriate Mr. Small's counsel went into court
armed with an AFFIDAVIT setting forth that the
petitioners wife has been for several years an
fuence Of liquor, she conducts herself in shame.
full and disgraceful manner; that on the goth of
March last she sold his furniture and abandoned
his house In his absence taking with her Jour OF
drunken 1T, she sent him back two OF these chill
dren and placed another girl Of thirteen. in St.
tiOn and fed the State; that he went there and
applied for the possession OF his child, but the
sd would SG give MIN no a. except nas
refused to dlsclose that ne (Smal) Is able
and willing TO support his child. and desires
main issue comes I'M both he and his wife are Cath
olics; That they have brought up the child IN the
So This was supported by an affidavit OF Mrs
Smals own brother, corroborating everything
onsr the highest and SAYING sayns
the wish OF every member OF the family that he
should have the custody OF the child In the return
to the writ the Sisters OF st. Barnabas alleged
nothing whatever against the fathers character.
but denied that they have the custody OF the child
it Is actual TACT that the child led into Court
by minister. VINO Ii an official OF the St. Barnabas
fused to listen to anything that Mr.. Smas counsel
had to cav, and In the most arbitrary manner or
dered dismissal ofthe writ and warned the lather
not to Interfere with the persons who have the
child at service. He came very near making an
order to prohibit the father from ever
visiting the child. He would not take the question
OF religion into consideration at ALL In fact, the
only concession he made was to request the min
lister to ask the child who she preferred to go with
and on that worthy's replying that she wished
TO remain with her present guardians, peremp-
t0riiy cut short oil further proceedings. Who,
would like to ask, has such right In law, nature
or justice, to the custody oil his enid sober, In
dustrous father And by what authority does any
Judge presume to dictate to such father in what
religion his daughter shall be reared Here are
two OF the most vital principles OF civil ana reli-
giOus liberty violated without shadow Of reason
the rights OF o parent over the secular and the
religious training OF his offspring. About Justice
Fanchcr's manner will say nothing except that IL
seemed to me extremely undignfed, and savoring,
to say the least OF religious bigotry. II were In
Mr.. Smas place / would take pistol and go
after my child and woe he to the person who
should attempt to oppose my carrying her OF.
CATHOLIC, BUT NO BIGOT.