Evening star. [volume] (Washington, D.C.) 1854-1972, 1874-10-24
Iuteresssur Case

A MLTHKR REL OVERS her FIVE cHrrpRvs
uSpRR DECREE OF DIVORCES ISSUED BIZ
A most interesting case, and one rarely
equsled in the courts Of this country, was de-
cided in worcester, on Friday afternoon, by
Chief Justice GRAY, OF the Massachusetts, SUI
prenae Judicial Court. The case was founded
on q writ OF habeas corpus, brought by Mrs.
May s. s. mington, ito recover the custody OF
the history OF the case Il Is developed follows:
Andrew James s mipgton was q manufacturer
of mullins in Scotland, q man OF wealth, Q Il
ture, and refinement, writer for msgssin =,
and he'd good social Position. His wife " =
the pet daughter Of a prominent physici' n in
the north OF Scotland, and the equal Of her hu
band in social position and mental culture. tn ~
we're married IN 1860, and TO- several year, tn
coUrse o. tier married life ran smoothl
Five children were born TO them, the eldeit VI
whom is now eleven, and The youngest fou
years Of ege. At length Mrs. Symlngton d =
covered an improper intimacy existing between
her husband spd a nursery maid, aud an es
TRANCE ment ensued. After vain enteayors TO
regain the faith OF her husband, she sought a
divorce IN the Scotch court of sessions. A sim
gle jutEe denied Der suit, hut she carried it to
the full bench, which, in 1871, granted her a
full divorce and custody of her children, with
aliuopy OF fs0o per annum. Just before the
issue Of the decree, the husband fed to this
country, takirg the children with him, and
leaving his counsel to appeal hts lss from
Lords, where IL is still pending. Tue wife
vas for a long time ignorant Of the place
OF eoncealment of her husband; but recently
discovering his place OF residence, she came
10 this country, and, by the aid of a New York
detective, found HIM living with the children
IN WillismstowD, Mass. She went TO Worcester
about two weeks ago, and made application,
through Messrs. Hosr aud Very, her counsel,
20 the Supreme Court for a writ Of habeas
corpus TO recover the custCdy Of her children,
under tie decree OF divorce in the Scotch
court. The parties were brought 10 Worcester,
and, in view of the gravity of the Gauss and the
financial ability Of the respondent to comm and
assistance in another escape, the children were
placed in the family of Sir. Hare, keeper OF
tie jail. heesrs. Staples and GouldiUg appe ar ed
IS counsel for MIR. Symingtou, and offered
evidence TO show til at the wife is not proper
custodian OF the children. She is accused of
habits of opium eating and the excessive use OF
alcoholic stimulants, and of immortality. Many
letters which have passed between the parties
were read in court, indicating not only the for
mer harmony Of their domestic circle, but also
the culture and refinement of the writers.
During the reading Mr.. Very was too much
affected 10 proceed, the judge wept, and the
thTong of spectators was vi IDLY and tearfully
affected An attempt was made by the respon-
dent to pastpone the decision, in hope of a com
promise, and his counsel suggested the placing
of tue children in the custody of President
Chadbourne, of Williams College, pending his
attempt at settlement, but the wife declared
that " lille she would be delighted to have their
former relations restored, her experience OF his
promises had been too painful to warrant her
in accedlpg to his proposal. Both parties were
deeply affected, and manifested tender at
tachment to the children. After full hearing
OF the evidence and arguments. the court de-
cded in favor of the right Of the petitioner, and
ordered the children to be restored to her. A
large gathering Of the bar and spectators At
tended the hearing, and their sympathies were
generally with the petitioner. The case was a
novel one, requiring, as it did, OF the court
judgment in some measure of the rulings OF
foreign court, and il s possible that some points
may yet be raised which will reopen it before
the full bench.