The sun., 1873-07-22
L4USUIT iROTT 4 VIII.
The Conflict for the Possession of Robert
ByruC'. Children.

Byruc's Children.
Much interest WAS excited IN the city Of
Dublin 10y a trial concluded there ia the irish
Court Of Queens Bench early IN July. An ap-
plication had been made ON behalf of two ko-
man Catholic priests. the Rev. !. Roche and the
Rev. Walter Lambert. FOR a writ Of hahcas cor
pus commanding Mrs. Chri.tine Byrne, the
widow OF Robert Byrne, To give up to them her
three children Ia order that they mi.ht be edu-
Gated IN the Roman Cathulic religion. The ap-
pucation was based on tho will II Robert llycnc,
hy the terms of which the reverend gentle
men were appointed guardian. oi his children.
II Wa admitted that f the Wil Vs.. valid GU"
writ II habras corpus must issue. blt N~-.
Byrne contested its validity ON the ground thlt
issue was tried before Lord Chici Justice White
side and special jurs.
IL was shown 10y the evidence that the
testator when boy had run away from
"A Catholic school where he had been for
sixteen months. and hud been brought up o. q
church al Enni-corthy, aiid his eleven cnildr'u.
all uf whom save four are nov dead, were bai'-
tiLed ~ Protcstants. In led'. misfortune,
brought ou hy intetnperance and illness, forced
PlhCrt Byruc 10 enter the NrNfork workhou-c,
and there lac considered a. Kumm
! Catholic. subsequently, ne lett ana earned MS
own living. until another att lck ut Illness drove
! him once more 70 the wurNhouse' TINS t'me to
/ however, boy the industry Of their hard-wurh .ng
mother, During his iasi Illness the nuns ot the
! wexford Convent Of Mercy often came To see
| Byrne and although feehie In body he was in
| duccd To- bring two of his children to the work
! house anu nave them baptized anew IN the
! Catholic faith. When death drew near, by the
| suggestion Of one Of these nuns, and with the
! approval uf the attending priest, Robert Byrne
the reverend plaintiffs the guardianship
should be brought up ~ Catholics. This
viii was revisedby an attorney, and was after
ward duly executed. Before their father 5
Aylward Orphanage IN Dublin. when MS.
Byfne demonstrated with her husband for this
he said Father Snnott hnd sent them away for
his ION Robert would swear, that lac might be
haunted by the ladies tuc nunsl.
The children were afterward sent To farm
cr's, near Wexford They ran away lrem tins
place, and were at length restored e. their
mother, who placed them Al Protestant school,
! The wiz had never been proved, aud one OF the
| guardians named In II, the Rev. Mr. Roche, the
parish Iriest, had never boon aware of It's exist
| enoc until IL Was produced bN MS curate, hr.
Thicf Justice whltesiGe char-ed the mry eIai-
| uralely. Referring to the baptism Of the chill
| drcn OF the deceased In the worlthouse by the
priest, ne sad he would Ike 20 know by what
| doctrine IN the church clergyman was author
| Ted 10 Oaptile children VINO had already been
| bautiHcd. lle could understand why persons
| from the FIJI Islands ar New IealnderS should
| he baptized, Dul ne could not Hndcr-tthd the
/ huptiLing Of children who had already been
! baptized unless On the suppositlon that they
lie pointed out how spiritual influence might
! affect the execution Of The VIII. lie read the
! evidence OF the Ladies' Of the Convent OF Mercy,
| Wexford, who had attended on the ucclsiu u,
| and he commented very strongly on that p.ut
| Of the evidence which showed that the Rev. MIR
| Sinnott before he afforded the cancellations Of
| religion to the man, inquired about nir children
| and what his intentions were with regard T.
! them. He pointed To- this evidence for the pur-
| pose Of showing the importance OF u, II they
| considered that the consultations of religion
! were 10 be withheld from the man unless he
| complied with the wishes Of the clergymen with
| regard TO the children. lie dwelt at some length
| on the conduct Of the Rev. Mr. sinnott and the
! Rev. Mr.. Lambert In not mentioning to the Rev.
/ MIR. Roche until some months after the execu-
! tipn OF the viii the fact that he had been APP
! pointed one Of the guardians % the children.
The Jury after an hours dclihcratiOn came In
and said there was no possibility of their agree
| ing 10 a verdict. The Chief Justice discharged
| them.
The will thus remains improved, and the chill
! dren are left IN the custody Of their mother.