The New York herald., 1877-02-27
THE VINELAND TRAGEDY.
Mrs. Lands Obtains the Custody
of Her Children.
AN AFFECTING SCENE IN COURT.

covery Of children from her husband and thel
father, Charles X. Lands, of vlneand notoriety was
decided by Judge Alfred Reed, in the Supreme Court
here to-day, in her isvor The argued .hs
10th inst, and to-day at was the time set down
for the rendering OF the decision by tho Court twas
near one O'Clock however, before Judge Reed read his
opinion The delay occasioned by tho nonarrIval
OF Mr.. Lands the two children who did not appear
in court until that time Mrs. Lands, under the pro.
lection o! her brother, Captain Richard w. Meade
early on hand Mr. Cortlandt Parker. her counsel,
and Messrs. Benjamin Williamson and j. II. Nixon,
counsel for Mr. lands. held a consultation which
lasted about al prior the opening OF the court
Mr. Lands walked in with the children, which he held
by their hands, and took seat opposite the Judge
He accompanied by his sister and colored nurse.
He placed the eldest boy, Charley, who will DO si1
years old In March next, alongside Of him on chair
and he took the youngest, Dicxc who has just turned
four years his lap Where the litse fellow reclined
during he proceedings. To the OF Mr. Lands his
wife and her brother, Captain Mead, took seats
Mr. Lands looked fully ten years older
than he really is His hair is of svery hue, and hs
mustache and whskers are nearly as white HIS
face was pale. his eyes sunkcn and his features
altogether portrayed downcast sulen disposition.
Hc was aitired in light gray suit Mrs. Lands looked
in robust health and buoyant spirits She attred
IN neat navy blue suit and plain black hat without
veil Both parties paid strict attention 10 the words
which from the Judge. Little Charley now aud
again looked back at his mother but she did not
to recognize him at any time When the judge
concluded Mr. lands and his sister were deeply
aticct ted He arose, and with the chdre proceeded
10 depart through the main door OF the court room,
followed by his sister and the nurse. Mrs. landis
arose also and went into an antechamber Hero she
met by her counsel who tried 70 prevail upon her
not to enter Into this chamber Mr.. Lands nnd the
children also entered. Then u ensued which Will
be forgotten. The children, on being taken
IRON the custody Of their father. commenced crying
nd scre
where Is my papas | want papa viii no. leave
h Ken sdSod or Hs %s 70
Tor nearly hour, and It could be hoard all through the
building. Mr.. Williamson tried to pacily MI. Lands.
who greatly affected Mrs. Lands talked
with her husband, but no refused to he
consocd Tho door OF the chamber was closed, and
the heartrendng s0bs OF the children could
be plainly heard. Mr. Lnndis' sister was also deeply
moved She ie. keenly the parting with the little ones
two years After an hours agony the children wers
taken by their mother and uncle, Captain Meade, who
outside and then the railroad depot, whore
they took train for Mrs Lands' homo in Jersey
walked up the street to ho lei, ana In tho evening
took his departure for vneland Outside OF the par
ties Interested tho lawyers court officers and report.
ers, there were only a lew spectators but all were
considerably affected by this simple scene. Judge
Reed at the conclu.lon Of his decslon with dicIity
at her home, boy, who IS only one year and sis
months old.
Clara NJ Lands ef, OF hc husband the oA
day OF May 1873 and since then has been living separate
living. Of them boys were in ths possession Of
% at s s hs s a
this writ court and the question i now
Her the passed IaTeh 2e 1850
m % ats % @ s mother ha. no ssa
claim The frs. nssnsn. OF the respondent is that the
s y PIT e..
snss there no sn.smsn. Of epssag srssts & The
q sss . &c. A i r:sssss S s
Tsr"Bscauss the latter act covers subject
Srond-Because the latter is repugnant in its
dd shs tim: Of the argument. thin. = con
Is to esnfs asa % Rs ss ss.
direction in each Is di,ersns But
ssn ss of n S
the petition 70 the or whsrs suit for divorce
jus. absurd that -; shsncss
shond be BY one rule r. one %
the and the subject Of the proceedings identical
these acts.
shs s
Baird NJ spparsn. that there wide dstncOn be-
equity Jurisdiction infants and mis- authority
SsSeas corpus II The latter nstancs power o
10 Law G uds and no s 81 h
the controlling motive in the adjustment OF the custody
And this whether the children already in tho
% Of Is oshs S not or the such
by giving the Judge or Chanceor on hsbsas corpus the
that which prevailed ut common law.
The several rig IS Of the parents Inverted The rule
which court of equity would exercise its yet in
sasory The s'd deisncs a although
ne 40: s of as S c . o $
judge await custody according 10 the
sSay is' s % % that
be discharged from restraint at common law.
| hui
That the Of 1871. BY legislative intent. gives to
chancer the excnsSs authority oyer the subject o Gus
Judge. Of the statutory authority under the previous act
Tho legal rule to be observed in considering this Is stated
and with iu knowlsdss Of , all existing Sss
Conclude that tie Legislature in passing statute did
intend In srere with or "ross,s prior law re-
the two is irreconcilaIIe, and hence repeal by imrI
uphold the prior law the well sub.
liz lhcn held that the 1860 under which this ap
pcntion made not repealed by mpicntion by the
By the alton Of that act in tho revision
That last regulate the judicial discretion
s .s !. a sa
lie also held that the state of separation existing beweci
The that she shall have the cnsod,
habits will be exposed to cruelty corruption o, gross g
lect The contingency cannot Dc presumed II must 10
then reviewed the evidence upon the three points
her alleged improper conduct regard TO the latter point.
see nothing TO demand serious considerations DO NOT
believe the boy Cobb As to the visits Nv
and crouuet playing with Davis. and her acquaintance
with sands her brother 'her alleged notes
Burke &c, | nothing beyond possibly debatabe
question OF proprey. There nothing in the Testimony
from which can inpne pnchastity corrupt character
or Immoral habits to the mother.
That these children the Of seven years In the
mother surrounded by inuence 0 the
family be subject immoral principles and habits
the absutdy OF which apparent from its
statement.
II that the mother one or two occasions made
this entirely with the Chancellor In Bairdv Baird
mother might desire to evade the danger and OF addi
tons child bearing and yet be an siectionate mother
those already born to her.
Here the testimony OF several witnesses alluded to
in reference itreatment OF the children by
their mother lie then held that without reference 20 the
Testimony of the parties themselves and their immediate
relations do think upon any al the points
which testimony has been taxen been proved that the
mother Is Of such character habits render her