Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1890-09-18
FATHER SUESF0R SON
AHABEAs CORPUS PROCEEDING THAT
IS FRAUGHT WITH INTEREST.
Mr.. II. W. Ivcy swears Out n Writ Against
His Wifo for the Possession OF
Their Only Child.

brgnt, prattllng itlic ivy "V'"N'"
three and four years old is the precious
object to recover possession OF which
hdbeds-corpus proceeding was begun yester-
day in the City Circuit Court.
Mr. Richard w. Iyey is the plaintiff and
his wife the defendant. The former is
well-known young man, and for the last
eight years has been member OF the
clerical force at the Southern Express
Office. The latter is the daughter OF q
highly-respected citizen and successtul
contractor, and s represented to be quite
an attractive lady.
The husband and wife have not lived to-
gether for the last two years and this ac-
ton is brought with the design OF re
storing their only child to the custody of
the father. Since their separation the
little boy has been with his mother and she
has manifested disposition TO retain her
control of him.
HABEts CORPUS APPLIED FOR.
Ivev looks 10 be about twenty-six years
old and has "A rather pleasant cOuntenance.
He has black hair and dark, bright eyes.
His counsel Is Mr.. George ID. Carter, VINO
Yesterday presented n petition to Judge
Wexford. sitting in vacation, for writ OF
hdbeds corpus against Mrs. lvey for the de-
| livery to him of their youthful heir.
The petition alleges that on the 18th day
| Of July, 1855 Mrs lvey deserted her hus
| bands home, in this city, at a time when
| he was absent therefrom. taking with her
| tine only child of their union, Walter e.,
| boy now Of the age of three years ana
| about five months, against the VIII snd
| without the consent or the petitioner;
that since then he has made repeated eft
| forts TO see his child but has always been
prevented from doing SO by the inter-
| ference of the mother.
AN AFFEcIIoSATE FATHER.
| "Your petitioner has always been very
| fond of this his only child the paper con
| tinues. "and he Is very much aggrieyed AT
| its involuntary separation from him. lie ls
| able, willing and anxious TO care tor ana
| support his said child comfortably and IN
| a proper manner: but he has since the de-
| sertion of his wife been constantly pre-
vented from so doing bv the direct and
! pert tinaclous intervention Of its mother
II is further get forth that the mother
and child are in Hanover; that since the
! desertion and abandonment, which was
| without sufficient cause. the petitioner mas
had no marital control over his wife; that
a. a dutiful father ne IS the only legal
guardian Of the child: that the Withholding
of the infant by any person against the
viii and consent of the petitioners Is clearly
|
| the first rights of the petitioner, who
claims tho natural and legal right TO have
the possession of the body and the care OF
the education of his son.
THE WRIT GRANTED.
Mr. Ivey. after this recital of facts, asks
| the court 10 issue "A writ OF h0ieds corpus
an s,ilj tciend,trn. addressed TO the SAID Jessie
c. Ivey. returnable Monday. September
22d, at II o'clock, causing and requiring
her to have there then the corpus OF the
| infant with the causes Of hrs detention,
and asks the Court To ascertain who IS hlS
proper and legal custodian, and to order
him surrendered accordingly.
The writ was granted and made return
able next Monday mOrnlngat lO:3O O'Clock.
Efforts were made during the afternoon 70
reach the sheriff Of Hanover bv wire 80 as
TO have the process served Immediately,
but ut 6 o'clock this end had not been ac-
comp.ished.
WHY TIE ACTION.
Mr.. Iyey was seen in the Office Of his
counsel late yesterday afternoon and asked
for further explanation concerning the
case. He did not seem TO care TO enter tur-
ther into details and seemed to regret that
the newspapers should make any publica-
tion of the matter at this stage. tie ex-
pressed entire willingness that all the evil
dence should be made public later on.
When asked why his wife lett hlm Mr.
Iyey said that he suspected her OF lnhdeil-
tv. and told her that unless ste wa,
| Going to change her mode OF LIE sne
had better leave his home, and that
she took him at his word and left. He
said in answer 10 further inquiries that be
had instituted similar proceedings once
before. and the process was directed u
the officers of Henrico, and they did not
find his wife in the county. lie had
brought suit for divorce, he said. but 1t
was decided against him. He further tx,
pressed great tOndness for his son, and
said he wanted TO have the pleasure OF
raising and educating him.
THE wIFE's SIDE.
There are two sides 10 every question
| and this case Is no exception to the rule.
II has another side which, when heard
more fully, may prove equally as interest
inc as the above. In the suit for a divorce
Mrs. Ivey mad eX-POlice-Justice ID. I.
Richardson "a her counsel and he succeed
ed in defeating the object sought to be
attained by the husband. Mr. Richardson
was seen by Dispatch reporter last nieht
| and asked for brief statement OF the
lady's side of the controversy:
After slight hesitation he said: " In June
or July. lSsS. Richard ". lyey ordered hls
wife to leave the house IN which they
lived. The next morning Mrs. lvey sent
for her father. one of the most reputable
citizens of Richmond, who carried her and
her child TO his house. where they have
since lived. Iyey subsequently filed bill
tor divorce in the Chancery Court, alleging
infideity on the part OF his wife; The
case was contested and large number OF
depOsltIons were taken. Tho evidence
failed TO sustain the charge. but 1t was
proved that Ivey had colluded with man
to place Mrs. Ivey in u compromising po-
: sitIon The bill was dismissed at lyey
costs. and the late Judge Fitzhugh, at The
time in commenting on the case, criticised
the course Of the husband in very severe
terms"
There will be some very interesting de-
velopments when this examination - held
if II is al all. There is q possibility that the
whole proceeding may be thrown out OF
court for want of chancery jurisdiction.
.MR. ANDREW WELSH THE AGENT.
He Is Appointed To Succeed the Lanenteo