The New York herald., 1878-01-13
STREET WAIES

A decision was yesterday rendered by Judge J. +.
Daily the habeas corpus proceedings in the case OF
Charley and Willie Foster, two children aged respec-
lively seven and eight years The little fellows have
been confined IN the New York Juvenile Asylum tor
some time, and their father, desiring to obtain their
custody and asserting his willingness ana abiity 10
support thcm brought the habeas corpus proceedings
Judge DAILY says in his opinion that 'the warrants
state that OF the children Is embraced within
the eighteenth section OF the act oil nuary 23 1885,
chapter H.. which provides or the com.
want and suffering or being abandoned or I'M
properly exposed neglected ny their parents
or sucn other persons Us may have thom IN
charge, or soliciting charity from door TO door,
IN any street, highway or pubic place wtnn SAID
Guy was sad py 'ne iGp p ,h .S
commission OF larceny. Upon this ha0eas corpus
proceeding l cannot so behind tho commitment II
the latter be- this II by law declared,
sufficient authority on lis acc to detain the parties
restrained OF their liberty. 1t is tue Office OF cer
the Justice thut his jurisdiction to make tho commit
meut may be inquired into. But the utute gives an
aggrieved parent more summary remedy. Ho may
apply 10 The managers OF the asylum, who huve
power 10 restore the children to him ut once From
the respectable appearance OF the father and mother
OF these little it TO that tbey the
proper custodans OF the children and that the latter
ure subjects for which the charitable oces Of
the asylum were Instituted.
TOO MUCH OF A GOOD THING.
Sandford D. Clarke, OF Boston, was arrested last
July IN Baltimore. Nd, at the suit OF iilam T. Gun
ningham and Others on charge OF forgery, and
brought this city, At the request OF The detective
VINO arrested him no came on to New York without
requsiiion and taken to the police court the
morning following his arrival. No one appearing
against him, be discharged. Immediately after
his discharge he was served with civil process and
rearrested ut the suit Of the same partcs Tor an al
legged fraudulent debt, and hcid IN $1,000 bull. Tue
parties brought Two other suits against him for
the cause In each, ON which he was arrested and
bald dofnn tfnfa nnnnr haI nj
money involved IN the several suits amounting alto
gether to about $50 OOO Mr. Clarke denies several
charges oi fraud ANA forgery ana asserts that 10
only brought here Tor the purpose OF giving the Court
jurisdiction and ior serving him with papers and af
davi,s aud other papers In tho action against HIM.
On this ground and tho further ground that he haa
been charged IN execution, he moved to vacate
tho ordor OF arrest Judge Brady. in an opinion rem
(Clarke only app AIRED in the action first named,
but equently moved In all that he be discharged
because he not charged ia execution HIS appica
DO liberated because he entered or improp
erly brought into the jurisdiction from another State
comes 100 late, therefore. without fu and exculpa-
tory explanation. He has waived irregularty and in
effect conceded tho legality OF the arrest mado Tho
must tncrcfore be Denied but without preju.
dice to u turthsr notion II SO advisod."