The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-03-14
The Tsmpleton Case Contest for
the Custody Of Child.
THE SNOW TRACK NUISANCE.
Argument On the Injunction Against
the Police Commissioners.
TWEED'S WRIT OF ERROR
Important Decisions in
Civil Suits.

Charles B. Bishop, charged with smuggling 1000
cigars, was yesterday brought before Commits
sioner shields. Examination was waived and the
accused gave bail in $500 to await the action or
the Grand Jury.
In the matter OF Lafayette Graer, fugitive,
under a charge OF having defrauded the govern
ment OF duties, United states District Attorney
Bliss, in proceedings taken by him in the United
States District Court recover therefor, procured
IN attachment upon property In this city belong
ing 70 Graen. While this property was still In the
charge OF the United States Marshal an anldavit
was made that before the order OF attachment
Graen was non resident, and therefore, The order
was Invalid. Mr.. Bliss then brought his action in
the civil courts and obtained fresh order OF at
tachment, on which he agannattached the same
property. just in time to invalidate the action OF
counsel lor Grae1, who had also obtained an order
OF attachment against Grael's property for ccun-
vel fees.
The suit brought by James Biger Il Co, lumber
dealers of Newourg. for $4,000. balance due for
lumber furnished the Dock Commissioners, which
was begun several days ago before Judge Donohue,
OF the Supreme Court was concluded yesterday.
AT the close OF the testimony verdict was
directed for the full amount Add the interest
and costs and then foot the bill. But thus go on
anu end under CompNoAer's regime contested
suits against the city.
THE TEMPLETON CHILD HABEAS
CORPUS.
The question as to whether Colonel W. c. Tenn
pleton shall keep in his care his grandcbild, boy
three years DID, the son Of Duncan d. Templeton
or whether the child shall be gwen in charge OF
his mother, Ida Maud Templeton came up for
argument yesterday before Judge Donohue, In
Supreme Court, Chambers, on the writ OF habeas
corpus procured in the case. Several ladies were
IN court, including Mrs. Templeron, the mother.
The child was also present The return TO the
writ and the traverse were first duly presented
and fled, thus presenting the issue fairly before
the Court. The first sets forth that the child
10 not properly cared for where 1t now IL, and the
latter that the mother is an unfit person TO be
entrusted with its custody. John D. Townsend
appeared Tor Colonel Temp eton and eX-Judge
Busted for Mrs. re npletOn.
Ex-Judge Busteed addressed the Court at great
length, and at times, as he waxed warmer IN ms
enthusiasm, In tones loud enough TO be heard IN
any oI the adjoining courts. lie went back TO tne
Old Roman laws regarding personal liberty, and
then. olowing the course oil jurisprudence through
the track OF centuries, referred 10 English statutes
AND rulings regarding the writ OF naoeas corpus.
Judge Dononue Interrupted him IN the midst OF
one OF his most imprisoned sentences, and re-
marked that what ne was saying was very Dte-
resting 10 him ana most eioquenty told, but had
hs possible application TO the question before the
Court The statutes ne had quoted mad reference
TO the liberty OF the subject whereas he present
matter was simply an inquiry as to whether the
relator or the respondent 5 loud have the custody
OF the child
E1-Judge Busted thought differently and went
on 10 his own way. de soon, however, crossed the
ocean, and, after quoting Hurd the haoeas
corpus. cited, from Massachusetts 10 Mississippi,
I'll the various State enaCtmentS bearing on the
same topic
Again Judge Donohue essaved 10 stop the furi-
Gus Cow OF citation ana comment, but 1t did no
good. Mr.. Busteed was evidently bound TO
paust the sucJect OF habeas corpus and he did.
Al length, however, Judge Donohue, IN a spirit or
evident hopelessness, turned his attention TO ex-
am ming papers In Otner cases.
Proceeding with his argument. Mr.. Busteed
came 10 the discussion OF tue question whether the
present case should be sent before referee. He
INSISTED that II was not a proper Tor refer.
eDce. 10 this connection he read the afldavit OF
Mrs.. fempeton, submitted az the previous near
ing, the substance oil wntcn was published at the
time IN the HERALD.
Mr.. Townsend denied empbaucally the state
ments set lortn IN tins AFFIDAVIT ana asked per-
mission TO read counter afioavits Judge Dono-
hue SAID he coulo give then no more time to the
case, having an engagement 10 hear an argument
IN another case, but promised an oppori unity ior
the other soe TO present us side OF the fully
a. the ext hearing, winch ne set down Tor two
+. NJ. next Thursday. This was satisiac tory TO
Mr.. Townsend ana the latter quietly consented to
biGe his time. Meantime Judge Dononue directed
that the mother be permitted 70 the child that
afternoon at her counsefs Office after which IL
should DC remanded TO the care OF Mr.. Tempieton.
and nv the latter be produced IN court next
Thursday.