The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-08-17
THE COURTS.
A Fathers Right to the Custody
of His Child.
ATTACHMENT THAT DID NOT HOLD.
Pains and Penalties of Candidacy
for Office.

An interesting and pathethlc was enacted yes
teriay in Supreme Court, Chambers In a remote
corner OF tho room eat a young and sweet faced Do
minican nun, clad 10 tho habimcnts Of her order. BY
her side intelligent looking and tidiy dressed
young girl Completing the group was an elderly
lady. The OF the young girl proved TO be Mary
Eealey eleven years age whose athcr John Hcalcy,
had the previous day, as already announced In the
HERALD procured, through Mr. William f. Kin;zng,
writ OF habeas corpus directed TO the Superoress OF
the ST. Dominican Convent, at No. 100 East Twenty
eighth street, asking her production In court In
few moments also arrived in court John Heacy,
the father OF the little girl, hard working
locking man, carrying in his arms two small
children while third hung with childke
tpidity on to tho skirt OF his coat, this
trio comprising the residue of his family. Tho
dren have mother, but her absence brief but
touching terms explained by counsel He stated to
Judge Van Brunt thut she has bcsetting sin-an
overweening fondness for intoxicating drnks that In
consequence OF her indulgence in this demoralizing
passion her husband had been obliged mako com.
plant against her before police justice who had
her Blackwels Island for three months, where she
Is; that before her commitment to the Island she
sent without the knowledge and consent the iathcr
thoir eldest child, the produ ced IN court, to
the Dominican convent in East Twenty eighth
street, aud that II for tho purpose OF
having child returned that the
that tue father was sober ana industrious
abundanliy able to take care of his children lie in
child, that the latter had been sent tho
convent by any court or other properly constituted
authority the father was entitled TO have her restored
him, and he had doubt that upon this stli cmont
OF the facts the Court would give an order to this
effect. During recital The fathers eyes oistened
aud IL was with difficulty the counsel could restrain
him from rushing over to his child
sis there any one present 10 oppose this appca
tion?" asked Judge Van Bfunt
81 have paper To show you, timdly responded
the num- and taking the chd by the hand she ted her
before Judge Van brort and handed 10 him paper
The Judge read the paper, and he did
flowed in stream down the little grs face, which the
sistor gently wiped away last they !ell, and TO
give assurance her charge pated her sooh
insiy the neck.
Judge, Your Honor, l want my chid--she is my
daughter" exclaimed the father jumping 10 his feet
'.Sit like good fellow said Mr.. KNITTING,
chiding tho iathcr "fhe Judge Will give you your
child"
=! have no doubt" said Judge Van Brunt, 'that the
child Is well taken care of where IS but in the
sence any proof fathers unltness have the
:arc OF her have no alternative but 10 restore her 10
her father"
.He owes money for her board - said the nun.
Il know OF no law answered Mr. kinizing, ''giv-
Ing a lien on the body OF u child for It's board"
THE child must DO returned 10 her father said
Judge Van BrunL
lhe nun bade goodby to her youthful charge The
latter to father, who gave her prolonged
ana tearfu embrace The father made effort to
hide his tears JOY taking his four children with
him, ne loft tho court room.
SETTING ASIDE AN ATTACHMENT.
Hugh Il Healcy obtained an attachment against sum
OF money belonging 10 Michael Harmon which was do.
posted IN the Marine Bank. 1t obtained upon
the affidavit OF Healey that Harmon had dis
ci his property with intent to deiraud his cred
tors including Healey, ana upon the affidavit one
Murphy, who sworc that he mad assignment
Of lannon's property bill Of sale from him
Buck and that Buck had stated that the defendant had
made the assignment to him fol- the purpose OF de-
nj Ham IT, Iudu
yesterday before Judge SinnOtt, OF the Marine Cour
moved 10 dissolve tho attachment on the ground,
nrs n"' .ne amaa "% 0i heaiey was IN
declaration OF Hannon, but simply a
conclusion in the mind Of the aflsnt which had
been moulded into the words OF the statute Second
that tho affidavit OF Murphy was simply in the nature
OF hearsay evidence and woud be inadmIssoie IN IA
court OF law hat The paper purportiDg TO have been
the assignment had not been produced. and II
possible to say whether It was legal document
whether II had been properly and legally
oeuted and that It not the policy OF the law
up mems property or imper tueir liberty upon such
vogue and indefinite evidence. Mr.. George W, Ellis
opposed the motion upon the ground that their ill.,
formation ana belief simply were sufficient to put de-
tcndant on his proof. Judge Sinnott alter argument
granted the motion to vacatc and set aside tho attach
men
EXPENSE OF RUNNING FOR OFFICE.
Thomas F. Eagan brought suit the Court OF Com
mon Pleas against Henry II. Moore, Michael Twomey
and William joyce to 81, 40 Tor printing and
distributing political posters while they were running
Aldermen. The order given by Mr.. Moore but
the contended that he exceeded his authority
The latter two gentlemen settled the CLAIM against
them by payment OF 5000, ana Judgment by default
lak against Moore 81, 259 66 THIS Judgment
was yesterday set aside by Judge Larrcmorc
SUMMARY OF LAW CASES.
During the trial Of the breach of promise suit
brought by Bertha Baugert against AdoIph Lissncr,
before Judge sunott, In the Marine Court yesesday,