New-York tribune., 1875-03-10
THE CHILD OF An UNHAPPY MARRIAGE.

APPLICATION BY THE WIFE OF DUNCAN D. TEMPLETON
TO RECOVER HER CHn.D-HIsToRY OF THE CASE
An application was made yesterday to Judge
Lawrence, sitting IN Supreme Court Chambers, on be-
half OF Ida Maude Templeton, wife Of Duncan d. Tenn
pleton IN the proceeding by habeas corpus 10 recover
her child In the affidavit which the application is
based Mrs. Tempeton sets out that she is still under 81
wears of age long before her husband shot her he
treated her at times brualy that at his persua-
sion they left their child with its grandfather, NJ c.
Templeton at Nyack, and that when Mrs. Templet0n
desired to recover the child her husband dssuaed her
on account their poverty She then narrates how she
left her husband and returned to her mother the facts
of the shooting attack and her husbands subsequent
trial and conviction and successful appeal On Feb 4.
1874 she applied at the house OF her husbands
father for the child. She saw her husbands
mother and sister, and the latter said TO her,
s.We are perfectly independent OF you, Ida
We will get imy brother free and keep your child"
and the sister refused to let the mother see the child
Mrs Tempeton went 10 the Office OF the lawyers
Howe K Humme writ OF habeas corpus for her child
was taken out the child not produced IN answer
to IT, without her consent and in her absence an order
OF reference was made to George w Blunt and aud the
Jan rs, 1875 when there was meeting before the rel
cree and Mrs TempIeton was placed on the stand ana
tepd who made the motion yesterday.
on these papers, Mr. Bnsteed moved to vacate the
order OF reference that the custodans OF the child be
compelled at TO produce It, ana that the proceed
Ing be continued 10 open court Judge wi % Tea
yerteny granted an adjournment Of this motion, but
Mr.. Townsend. the opposing counsel received notce,
he would revoke the Adjournment and hear it to-day
Az Mr. Townsend, Mr.. Templeton's counsel came
IN stated that he had hot had time to prepare the
proper afdavis, the persons from whom they were
TO be procured were at 6yack but he read brief ada
Wit Of William c. Tempeton, the chids grandfather,
10 the that the child less than three years Old was
very DELICATE, and had required much care during the
Winter and 1t would hardly be safe TO bring to town
during the present weather Mr.. Townsend claimed
that the of reieEeen such was legal
aud reguls that delays had arisen from the restor
erseif fan6tb he
pained fro@ her attorneys, who bad deprived him OF
m ass Of afidsxits by falling 10 Me them Mr. TOwDse%
that hs never heep denied access to her
child except the occasion wbeI che came xpressy
10 make formal demand on which to found her pro
ceedinss and those who had the child in charge
Qut willing she should her child upder such proper
regulation a. the Court should Impose, aud quite as
wilpx enter public investigation OF Der Illness
10 be Tie cusOdiso Of Lhe child she could he. Mr.
usteed reply, claiNsd that the COnrt bad power
70 refer habeas corpus proceedings peyson bringing
hem had tho right 10 tue protection OF the Court
such dAay this unprecedented. tbe English |
aw reqgrips q return 10 TIE writ within days aud
tecsion teaen In three days thereater and our own
az regarding II as summary proceeding.
Judge LAwJenee adjourned the motion 70 Saturday.
rectlpg tho cbd 20 be produesd 10 Court on that day.
nd that cOpg OF e return. the original being lost, De
led Today.