Butler citizen. [volume] (Butler, Pa.) 1877-1922, 1888-05-18
THE AGONY OVER.
Final Scenes and End of the
MonkS-Harbison Baby and
Contempt of Court Case.

and William Monks and Wendell Hickey
from iail last January on account of their
sickness, he fixed Saturday, May II. for their
temperance in Court, and it has been un-
derstood all along that the surrender OF the
child to Court would end their alleged Con-
temp of Court.
Saturday, Nay II, was last Saturday, and
that afternoon the three men were in Court,
and the child was also there in the arms of
its mother, who returned with it, from Kan
sas, the previous Wednesday.
Some motions were first disposed of, and
then the Court asked if the parties were
ready in the babeas-corpus case VS. Martin
Monks and others, and Mr.. Galbreath said
they were, aud they were called into Court
and remanded TO the custody of the Sheriff,
as a matter of form, and also ordered to pay
the costs of the proceeding. Mr.. Bowser
then said that the child was in Court and
the defendants rendered it to the Court and
prayed for their discharge. The Court told
him to put his offer In writing. the motion
to include Mrs. Deer, and this, after the dis
cusson of some legal facts and tctions, was
done.
McCaniless then suggested that the de-
PENDANTS be put under bail not to furtner IN
terfere with the child, etc, when Judge
Hazen said he had about made up his mind
as TO the order he intended making, and
would make an order covering everything,
and shortly after he read IN order dlscnarg-
ing the defendants, ordering them to pay all
costs. putting them under $500 each not 70
interfere with the baby for two years, ana
again remanding the child to the custody OF
the father, pending the further order OF the
Court, the mother to have the privilege OF
seeing it Mt all proper times, etc.
Judge Hazen said he was willing to risk
Mrs. HARRISON not to break the law, that
after the first hearing of this case he was
greatly surprised to hear that husband and
wife had not gone home together, as he
thought they had, etc.
Mr.. Samuel Snyder was called in and ac-
cepted Is bail for the defendants. At this
point there was 8 short delay in the pro-
ceeding, and finally McCandless wanted 10
know who was to give the prosecution the
custody of the child. McJunkin suggested
that the Sheriff, who was in Court, was the
proper person; but Thompson, who is the
Sheriff Is attorney, promptly disagreed with
him and said the Sheriff had nothing to do
with it.
Then followed long watt partly occupi'
ed in completing the papers IN the case ,wnen
Judge Hazen said lie had made the order Tor
the discharge of the defendants, and would
take their word for the delivery of the bonds
to the Prothonotary.
Martin Monks then went over to his sister
to get the child, but she promptly and de-
cidedly said, "You can't get the child" :"
Bowser went over to talk to her, but she
said she would die right there rather ~than
give it up. Both plead with her but to no
avail. The true mothers heart was there.
her hands were clinched, her arms were
about that child and she was going to keep
it.
Judge Hazen then ordered Sheriff Redlc
to take the child from the mother The
Sheriff arose and said he was always willing
to obey proper orders of Court, but mace
some objection to this, when the Court said
il would read the order to h i'm and he could
disobey it at his peril. Thereupon Judge
Hazen read his order. which Sheriff Redic
listened to very complacently, and then said
he would consult his attorney. Thompson
promptly contradicted himself, and Sheriff
Reaic called upon the husband to help him
take the child.
They went over to the corner where the
mother was sitting, and Redic told HARRISON
to take the child and he would see that nobody
interfered with him. Harrison attempted to
uuclasp the mothers fingers but could not
succeed, She told.him that he had abused
ed her and driven her from home, but ne
could not haye the child. and when he per-
sisted asked him why he did not choke her
Us he had done before.
He fually des sted, and he and the Sheriff
took their seats. but to several men 10 tna1
room this scene awakened memories OF those
depicted in ,''Uncle Toms Cabin" where
children were torn from their mothers arms
and sold into slavery.
McCandless then asked for an alias writ
of habeas corpus for the mother and child,
and the Court directed the Prothonotary 10
issue it.
The order was made and the mother order
ed to pay costs.
Thompson then said that if the child was
not delivered in five minutes he would ask
the Court to revoke all the orders it had
made in the case that day.
McCandless said the defendants had shown
the power to bring the child bsck, and that
the same power could deliver it.
Bowser, for respondents, said they had
done all in their power in the matter.
Judge Hazen said he had not yet signed
the order discharging the respondents or the
order committing the mother to jail for con-
emDt.
Bowser reiterated that they had done all
they could, McCandless was fully persuaded
about something, Mrs. HARRISON said she
came back of her own motion, Galbreath
said the mother had been advised to obey the
| orders of the Court and the counsel got into
| general wrangle.
The Court then re-read all its orders, and
asked Mrs, HARRISON if she intended to obey
| them, and her answer was Il can't give up
nv child, would rather give up my life"
| The Court then made an order committing
the mother and child TO Jail, and re.c,mmit-
| ting all the respondents in the old case, and
they were followed to Jail by a crowd of
| CRYING women and men whose hearts were
bursting with indignation.
On Monday Robert HARRISON and his Sis
ter were again in town, as were also some
| friends and relatives of Monks family.
Court met at p. m. to finish the ejectm ent
case on trial. and soon after varions reports
were flying about the Monks Harbissn case
One was that Thompson and McCandless
| had prepared paper ordering the Sheriff to
tear the child froM the mothers arms by
force aud take it into Court, and that the
| Sheriff had announced his determination to
disobey the order; aud another was that
Robert HARRISON wished TO end the whole
| proceeding and release all the parties and
that his attorneys Thompson and McCand-
less were fighting him about it. Harrison
had been arrested that morning on charges
of assault and battery preferred by his wife,
and covering instances during their married
life. and the affair OF Oct. 9th last,
The last report proved correct. Messrs
Simeon Nixon and Alfred Ayers had inter
ested themselves in the matter, aud after
quite an effort had induced Harbsou to agree
| to settle the matter by signinga paper ask
ing for the release of all the parties, and
giving the mother the child until it was
seven years of age, she to give bail not To
permanently take itout of the county, and
the Monkses TO drop thsr assault and bat
terry proceeding. Nixon wrote the paper
and Thomps pson told HARRISON that If he
wanted to act the d d hog, he would sign it.
But HARRISON did sign it, Thompson and
McCandless withdrew from the case, and
Greer was employed to present the petition
to Court.
The ejectment case had fallen through
suddenly, but the Court had been informed
of what was going ON and was waiting.
When everything was ready the petition
was presented, all the parties were brought
into Court, and Judge Hazen signed the
following order:
Now, May II, 1SSS On due consdera-
ton leave is given to Robert HARRISON, Jr
to discontinue his petition for writ of habeas
corpus, within referred to, and all proceed
ings and DEGREES and orders under the same
are in pursuance of the prayer of this petit
ton revoked, annulled and set aside, and the
said Catharine HARRISON and her child
Robert Charles HARRISON, and William
Monks. Martin Monks and Wendell Hickey
are hereby discharged from prison and grant
ed leave to 90 without day, and all recogni