Evening star. [volume] (Washington, D.C.) 1854-1972, 1879-01-24
The o,Brien Habeas Corpu. Case.

THE CHILD SURRENDERED TO ITS MOTHER.
The case Of Mary Rose O'Brien on writ Of
habeas corpus ON the petition of Mary j. Hazel,
formerly O'Brien, to recover possession Of her
Child, daughter of Charles III. O'Brien, who was
convicted Of the murder of Samuel Cunningham
few years since, and his sentence OF death
committed to imprisonment for life, and who
was few months since pardoned) was con-
tinued before Judge Wylie after our report
closed yesterday afternoon. Mr.. F. P. Gloss
appeared for petitioner, (Mrs. Hazel,) and Mr..
gustus Brown and Messrs Burdette and Wood
IeStlned TO the good character OF Mrs. Hazel and
her financial ability to properly raise and edu-
cate the girl.
TESTIMONY OF THE CHILDs MOTHER.
Mrs. Hazel, the mother, testified that her first
husband (O'Brien) was convicted of numbering
cunningham In July, 1873, and was sentenced to
be hanged Afterwards his sentence was com
muted to Imprisonment for life in the Albany
penitentiary. Being advised by legal counsel
that her husband was legally and civily dead,
she applied for divorce. but the judge dis
missed the application without giving his rea-
sons therefor. In october last she was married
to her present husband UIaZeD, and has since
lived with him as his wife, though she admitted
she had not been divorced. couple OF months
after her second marriage O'Brien was par
doDed. She had been in possession of the Child
all Of the time OF ans
her. On January 10th last she consented that
the child should visit Mrs. O'Brien. its grand
mother, for couple of days. While the girl was
which he informed her that he had legally ap-
prenticed the girl to his mother to learn the art
Of housekeeping, and warning her not to en-
deavor to get possession OF her except by legal
measures, otherwise he would prosecute her
O'Brien left soon afterwards for St Louis where
he is now employed. She further testified that
she was willing and able to support the child.
THE ARGUMENTS.
Mr.. Gloss, Tor the petitioner. argued that
O'Brien was civilly dead when Mrs. Hazel was
married. and the pardon did not restore to
O'Brien any right to indenture his child Mr.
+. Miller, for Mrs. O'Brien, the grandmother
argued that O'Brien was just as good legally by
pardon as II his offence had never been com
United, so far as his legal rights were concerned
In apprentictng the girl. Mr.. Gloss replied that
the sentence OF death imposed on OBriea dis
solved the marriage relation and quoted Black
stone and other writer's to prove his position
ne SAID he felt sure that he had made a mis-
take When he applied for divorce for Mrs
OBrlen, now Mrs. Hazel, as he might have
known That an imprisonment for life was a will
t di aoahqonment, and was sufficient to secure
divorce, put that, as it was he intended to file
an appeal to the decision of Judge Mac irttur
dlSlnlSslng the application.
THE DECISION
Judge Wylie said he would at some future
time put his views in writing and that the
case should be treated the same as if OEren
had attempted To bind out his child While he
was inside prison. OF course, he said, no court
would allow that, and he directed that the girl
be given TO the custody OF the mother. He add
ed, however. that he would not 90 50 far IS to
say that sentence OF death dissolved a mar
rage, though learned and distinguished Judges
have Claimed such to be the case. 1t was clearly
q case OF wilful abandonment. as the crime for
winch OBr1en was convicted and for which he
suffered imprisonment was declared by q jurv
TO be a Willful murder.
The mother, who had been very much inter-
eSteu, when she found that the child had been
restored to her, cOnvulSiyely seized and kissed
IT, ard the spectators who crowded the room
were with difficulty prevented from appiaudlng