The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-07-30
THE COURTS.
Arraigning the Society for Prevention
of Cruelty to Children.
AND THREATENED SUICIDE.
Perils OF Seafaring, or Life at
the Wheel.

The argument In the Of tho actor, George A. At
kns IN which the Society for The Prevention OF Cruelty
TO Children seek TO remove him from tho guardian
ship OF his child Robert Atkins four years old. took
place yesterday, before Judge Daniels, IN Supreme
Court, Chambers. Colonel George II. Hart, on behalf
OF Mr.. Atkins began by declaring that the Court had
no jurisdiction, because u habeas corpus proceeding
was solely tor the purpose OF releasing prisoner.
He insisted that courts Of equity issued writs Of ha-
beas corpus auxiliary to a bill or petition 70 relieve
infants withheld from their proper custody, TO lib
crate them from oppression for the purpose oil bring
ing the infant into as TIE Courts ward. The
only question, however, he urged to be determined
tho nabeas corpus nqustion WAS whether the infant
was Illegally restrained. He contcnded that In this
instance warrant was issued instead oil WRIT which
II was canned derogatoTy Of common law
right tho statute under which It issued having
10 be strictly compiled WITH that there was no cfm-
inal offence charged against Mr.. Atkins. and yet he
arrested as = criminal; That these proceedings
were invasion oil the constitution ana the law OF
the land and IN violation Ol every right He then
maintained that the only process under the circum-
stances that should issue was the common law writ,
which II claimed still rema ned III fuu iorce ex
cep. when abroga.ed by statutes; mat there were
only Two classes OF cases Ia winch the statutes pro-
vided Tor habeas corpus proceedings on behalf
OF intauts-ons being in case the infant was
husband and wife were living separate and
either sought the custody OF the child OF their mar
rage He submitted that tho society had NO SPECIAL
authority more than natural persons, and was ree-
gated 10 pursuing the same method OF procedure,
which ny bill in equity aided by writ OF haoeas
corpus, and the procedure by warrant ami The
by the traverse and return 10 determine as 70
the fitness OF the father were unsanctioned Dy law.
Tho only disposition the Court could mako
the premises. as the petition conceded that Mr..
Atkins the father Of The child, and therefore
the lawful guardian nj the child, was TO dismiss the
writ He suggested that had IL been alleged that tho
tathor mad been Invested OF the guardianship, the
Court. .non could inquire whether nc was III legally
critically reviewed and commented on tho testimony
aud closed by earnestly insisting that iather had
lawful right 10 chastse his child; that the So
ciety ofacous, and that It should be- jealousy
restricted to the powers conferred on It by law. Mr.
Gibson, on behalf Of the society. then rephod ny
stating That there were two points developed by
the testimony on which the society rested
one was !nat Atkins habitually beat his
tress and performed al Egyptian Hall In Immoral
pieces, which conduct unified nim 10 have tho care
ot 1875 take The steps pursued In the pro-
ceedlngs AT the close OF the arg Judge Daniels
took The papers, reserviag his decision.
CASE OF MRS. KLOPPENSTEICK.
The suit of habcas corpus sued out oy Mr. Alfred
steckler iu the OF Mrs Phlomena Koppensteick,
made rsturnabe yesterday before Judge Daniels.
to rather abrupt termination. Mrs. Koppensteick,
as will be remembered, was to State prison for
five years charge Of theft, and after
serving out q portion of her time at Sing
Sing was transferred to the Lunatic Asylum at Au-
burn, having, alleged, shown signs of insanity,
eliminating IN her attempt at suic de- IL Is claimed
that her imprisonment was the result OF conspiracy
obtain possession OF her money, and that this 80
preyed on Der mind TO temporarily unsettIo her
reason. On the expiration oil her term OF imprison-
ment instead beng dscharged she was sent 10 the
City Prison. be cared for an insane person, and
hence the suing out OF writ OF habeas corpus. in-
day us anticipated, the following letter was handed
by Mr. Steckler TO judge Danios:-
CRY Prison, July %. 1878.
ALFRED SrRcKLFR:-
DKAR s-rhlomeua Kioppenstcick in my opinion is In
sane should be asylum. She refuses
OF the prison, and threatens to commit suicide saying
she would opeu vein. Respectfully,
THOMAS l.. HARDY. III. ~. Physician to Prison.
Subsequently Dr. Hardy gave permission to have
Mrs. Kloppensteck taken care oil by trends II any
oouid be found willing to do SO. Mr.. SteckIer wrote
note TO Mrs. Sobescheck living al the corner Of 165th
street ana Third avenue, Il friend Of Mrs. Koppsn-
steick asking her she would assume charge OF the
unfortunate woman. He expecis answer this
morning. ana IN OF failure will rsnow the applica-
ton in other quarters.