Evening star. [volume] (Washington, D.C.) 1854-1972, 1879-01-16
Pardoned Convict,s Child.
MOTHER TRYING TO OBTAIN POSSESSION OF
HER DAUGHTER

HER DAUGHTER.
Mrs. Mary FL z.e yesterday through her coun-
sci tMr. Frank Gloss petitioned Justice Wylie
for a writ Of habeas corpus to obtain the body
OF her daughter Rose O'Brfen. The petitioner
sets forth that on the I'd day OF January. 1871.
she was united In marriage to ChaS Fl. O'Brien,
IN the city OF Georgetown. and during the con-
unuance OF the marriage she became the mother
OF female Child, now named Mary Rose
OBrien, and years of age. ON the 18th OF No
VENEER, 1872, Charles O'Brien was convicted Of
and senter ced to suffer death: that on February
2lst, 1ssa, this sentence was commuted by the
PRESIDENT OF the United States to Imprisonment
In lhe Albany penitentiary for the period of his
petitioner applied for an order OF the
Equity Court OF this District to relieve
her from the bond Of matrimony with the said
Charles ii. O'Brfen, and TO define her legal con-
dit1on by an order decree OF the court. She be-
hfvess tie papers in said application were sub
mitted TO Justice Macarthur, holding the said
court, in september, 1s,S, but have not YET oeen
missed ycSterday.-REP.l On the goth OF octo-
Der, 1873, after taking the legal advice and
counsel of friends, and While O'Brien was still
confiHed in the penitentiary, under the life-sen-
tence, she was emitted in marriage with her
present husband, John 7. Halle. Prior 10 this
marriage Halle was informed and fully believed
that the legal effect Of the sentence OF death
passed upon O'Brien. and subsequently commu-
ted, by his consent, 70 Imprisonment for 70
was termination of his legal cyl to ne
execution OF the comm Il On bhe
he became dead in legal cor ..to sentence
petitioner WIDOW Ve led bY law as the hi s se
with soIe Gus, ID child Mary Rose OBrfen
contract r. .-ody aid control and power to
tin1e -.,arliage. She acserts that from the
o'Brien went to the penitentiary. down to
obituary 10th OF the present month, she has ex-
ceIclsed sole control of the child. on Noven-
Der SETH 1878, O'Brien was pardoned AM re.
leased from confinement. Since that time
While the petitioner declined to hold personal
communication with him of any character
whatsoever. she has at his earnest solicitation
allowed the child TO visit him occasionally al
the house OF his mother. On January 10Th the
enid did not return, and going after her was
not permitted TO take her daughter aWav and
that she was detained from her by force
A NICE POINT OF LAw-BIGAMY OR NOT?
The writ was issued by Judge Wyin a.
prayed for and made returnabc before him next
saturday morning az II a. IN. This Deinr the
first case OF the kind in the District il not in Tho
country. il eXciteS considerable interest. eSpe
clally among the Legal fraternity. Not only i,
the right OF possession, in the child, involved
but the validity OF the second marriage become,
, an important point for consideration. II the
lie sentence makes the prisoner legally dead
then is the wife correct in the action taken bilt
should that doctrine fail to hold good she viii
ma herself in an unenyiable position. At the
hearing all these points VIII be discussed and
acted UpOD.