National Republican. (Washington City (D.C.)) 1872-1888, 1879-12-03
THE ABDUCTED BABY.
Judge Wylie Reunites the Mother
and the Child.
Hearing in tho Dent Haboas Corpus Case
Tho Respond snts Tardy in Coming to
Court-The Infant Produced and
Arguments Heard-The Court
orders 1t to be Returned
TO the Mother, Sc,
Restored to Its Mothers Arms.

| Restored to Its Mothers Arms.
The petition Of Mrs Josephine r.. Dent for
writ of hdbcds corpus to obtain possession Of her
| babe alleged to have been improperly taken irom
her by her husband, was heard In chambers yes.
erday, before Justice Wylie, before whom the writ
| was made rcturnabe, and In the presence OF a
large gathering of spectators, at ? o'clock lis
Honor adjourned the Circuit court, announcing
that hc had agreed to hear hdbeds corpus case ut
that hour he also stated that he was ready to
| proceed with that hearing. Mr.. ii. w Gafnett,
counsel for tho petitioner stated that Mr. Cole who
| appeared with Mr.. Cook for the respondents, had
said that he would be in attendance. suggestion
| had been made to delay the return and he had
| answered that II they would deliver the
child to the mother then they. might
have as much time in which to
| make answer as they wished. The writ was re.
turned yesterday at o'clock served, and there was
no one here to make answer He should be com
pclled to ask for an attachment against theparteS
| Justice Nylie-Tuke all attachment for Milton &.
aud Mary X. Dent and If the PARTIES do not appear
| with the child they will go to jail this evening
Mr.. Garnet went about getting out the papers for
| an attachment and while they were being pre-
pared Mr. Cole, of the respondents counsel en-.
| tered the chamber, whCreupOH The court suggested
| that 1t be temporarily suspended.
| Mr.. Cole stated that he had been very busy and
unable to prepare the answer sooner and would
file II as us IL was signed His Honor declined
| TO proceed until the child was produced.
While completing the answer Mr. Milton G Dent
aud Mrs. Mary H. Dent came In, signed and sworo
to the truth OF the answers.
Tie child not having arrived, n delay of forty
i've minutes eistiCd until TINT persOnuSe
was present. The returns were then read.
| In his answer Mr. Milton &. Dent admits the mar.
riagc and the birth of the child. and that he and
his wife lived together until November 30 last past
but denies that there has been difficulty between
them. lie declares that Inc went to reside in his
WIGS family at her request, and from the first he
| had been treated with many indlgntiCS at Tie
| hands of her mother and sisters and other mem
bers Of the family. Before and since the birth of
the child he has tried to persuade his wife to leave
her mothers house and reside with him elsewhere.
He denies That either himself or his mother in.
tended to deprive his wife permanently Of The Gus
Ody OF the child. but he possessed sufficient means
to support his wife and child elsewhere than with
her mother and family; is willing 10 do so. and IL
she wiilleaye hermothGrs aud go win INN TO some
other boarding place. lie will live with her rs a
good husband provide for her wants and allow her
TO huvcall the ordinary care and custody mother
can claim to child or, IL she prefers IT, he Is Will.
ing 10 commence housekeeping, having already
about 81 go worth Of furniture and is able to make
her comfortable. He denies that there was any com
spiracy between him aud his mother 10 ubiuct the
child but he conyersed with her IN relation to his
desire to have his wife aud child with him which she
approved Il was true that he communicated to his
wife hi, intention to take the child unless she
would consent 70 go aud live with him in reason
able time after she was strong enough, but she
dec ,ined lie took the child with the hope that
she would follow aud consent u live with him.
lie further says that She has sufficiently recovered
to be about the house; Is no longer under medical
treatment aud If the infant is necessary to her
health and peace Of mind She can have II BY CON
senting to live with him elsewhere than her
mothers house. lie believed that further residence
there will break down his health and happiness.
Mrs. Mary J. Dent denies that she has ever had
custody of the niunt and that She was In u CON
spirocy to abduct It, While true that 1t was IN hel
house for few minutes. She asserts that she had
nothing to do with its being taken away
| Mr.. Garnet thought the answer virtually ad
mittcd all of the charges set out in tine petition
and they were as near ready for hearing US thev
would ever be. The court ecC..,icu TO proceed Will
.hc css-t
Mr.. Garnctt maintained that the husband in tax
ing the child had net only violated the decencie
ofIaw, but humanity also, and showed by his con
duct that he was unit to have control of 1t, while
under common law, it was admitted that the iathe
| was entitled TO the custody of the child, but tina
time was after 1t had passed the tender years whe
| II needed the mothers care. lie submitted unde
= all rules and presidents that the child must no'
and for some time remain with the mother rs tn
proper person 10 have charge of IL.
Colonel Cook said that the proposition reduce
itself down to the one iact-whethcr, when IN
husband proposes TO the wife in open court
she will accompany him TO proper place, whcI
they both can live together, to place the child /
her arms and she refuses, that she can then ins
on its possession. There was no spot that s
2, might select that the husband would not take he
and provide for her comfort and that Of the chile
;. His Honor said that in deciding the case. j
should take the return rs true In Drici terms III,
admitted the charge IN the petition, ditamouue
TO only this--that Il husband was attempting
make use Of the possession of the infant child
i three weeks Of age to bring his wife to him.
very wrong In the wife 10 separate herself iroi
u the husband but as to that matter he was not II
formed. The return showed that there was u
fault either on his side or hers The fault was wit
the mOthCriuaw, who seemed 10 have more il
huencc with the VIE than the husband. TIL
might be so, but II was strange appearance
n things If the wife had not proper affection for Il
v husband and was willing to stay away from hi
IL and give him up upon the advice of others l.
- did not propose to go into any inquiry on the SUI
jcc On the face of the return, the child had bee
abducted by the iather under false prctense
aud he WAS now seeking TO force the wife by pla
ing upon her affection for the child, u do thi
which She is unwilling 10 do. He could not allO
- any such thing 10 succeed, nor did he believe an
y court would allow a husband to abduct a child
: that tender age from its mother. 1t needed II
mother and she the child. The husband might
well put dagger to her heart as 10 insist upon Il
possession of this her first child. lie had his RICH
let him assert them like man; but he must II
or be allowed to sacrifice mother, wife and child
p his Incorporate Will. The child must so back
~ the mother, The counsel for the respondent not
an appeal,
IS Mr. Garnett presented doctors certificate to Il
" effect that Mrs. Dent was not yet able TO go out
n doors and the court directed the marshal 10 pla
. the infant In the custody of her sister, Mrs Wax
r. for deliyerence to the mother, which was don
u The respective parties then left the chamber ~
II Is PRESUMED that in u few minutes mother al
babe rpuutel.