The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-01-05
THE NICHOLS DIVORCE SUIT.
RETURN TO TIE WRIT OF HABEAs CORPUS
STRUGGLE BETWEEN PARENTS FOR THE GUS

RETURN TO THE WRIT OF HABEAs CORPUS
STRUGGLE BETWEEN PARENTS FOR THE Gus
TOBY OF A CHILD.
Return to the writ Of habeas corpus recently
granted upon petition Of Mrs Gcorguna Nichols OBJ
tain tho custody OF her son William v. Nichols, who
ia now held by his father Commodore William Is.
Nichols, was made IN tho Supreme Court, Kings
county, beoro Judge Gilbert, yesterday afternoon.
Tho relator Mrs Nchos was present during the pro-
ceedings. which in her behalf conducted by
Counsclors Ward, Doolitte and Troy. The respon-
dent the Commodore), from whom she obtained a
decree of divorce last year in Connecticut
panied by his little boy, who is the subject OF the
ent litigation. Father remained seated sidc by
side with their backs TO the wife and mother
turned the slightest glance OF recognition
oil her boy. Couuseliors Fullerton, Waldron and Nor
ris appeared for Mr.. Nichols.
In opening the proceedings Counsellor Waldron said
that tho question arose Us TO whether there any
authority Tor issuing tho writ and lie contended that
under the statutes md tho common law there was no
such authority gwen.
Counsel for respondent continued to argue that
the court had no authority to ENFORCE the decree OF
tho Connecticut court.
Judge Gilbert said that he would reserve opinion on
that point as he was not just ready decide thereon
before examining the question. Counsellor Fullerton
said that there was auo her existing why the
writ could not be maintained here. even though they
were admit Tor the Respondent that she has de-
cree OF divorce fhere rs no precedent wherein a
party having obtained judgment IN an
sther State has come into thus state and
said that where all the children IN tho
state the Court wanted to that the which
they are detained is proper. Mr.. Fullerton replied
they did not dispute that point, but how was The
Court 10 give full faith ana credit TO tho proceedings
had elsewhere, OF which II had not cognizaDce.
Judge Gilbert said such points should be argued and
dccided upon.
SAD LITIGATION.
Counsel for tho rciat0r read the traverse to
the answer setting forth that sad Gcorgana Nichols
IS tho mother OF the boy and that tho respondent Is
IN 1876 and that the churen went with nor and that
the others are now iiving with her; that the boy in
dispute was removed from school in Connec.Icut
clandcstinely by tho respondent She denies that lie
is a resident oil this State but says that he
resides Ia no state of New Jersey, whore he
went In December 10 clude the process OF the Court
and to obtain the CUSTODY OF tho child She denies
that the child 10 we'll cared Tor that lie happy aud
contcntcd, and AYERS that he associate with
improper characters she denies N the most oniphaic
terms all allegations OF improper conduct on her part
und ayers that IN 1876 she obtained divorce from tho
respondent ana decree awarding her the custody OF
the Children when was decided that the respondent
unit person 10 have the custody OF The chill
dren and That the relaOr WAS proper person to have
custody OF them
Counsel offered in behalf OF the relator place
In evidence THO decree OF tho state Court OF Connect
An appeal from Inc decision OF the latter Court
In error was offered IN evidence by rcspOndcnps
counsel Considerable argument cnsuci between tue
lawyers as to whether tho judgment Of tho Court OF
Connecticut was sufficient upon which 10 base n dcci-
zion In The matter Of the present Judge Gilbert
Was ueSlrOuS tahiHE cViuchCc upon tue question:,
Dut counsel were not really To proceed as they all
agreed that the examination might be lengthy one.
For the respondent reference was ASKED which The
Court refused.
A COUNSEL IN THE LORD CASE
Tho question oil adjournment then came up when
Mr.. Fullerton sid that he would be occupied next
week. effort had been nude to have Mr. Lord, OF
New York. adjudgcd u iunaiic and he was engaged IN
the case aud could not well be present The case was
however, set down Tor examination ON Thursday
next at twelve O'clock when testimony VIII be taken.
la the the child renamed by the Court
The custody ol hls ather, WITH the instruction that
MIS- chols shall have free access TO her boy at all
settled.