The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1900-09-17
WANTS her BABY
Mrs. Laura Hermann Seeks
to Recover Her Son From
His Gathers Custody.
CHANCELLOR MAGlE ANGRY
Defendants Counsel Failed to
Make Return of the Writ
and Delayed the Case.

There are two things which disturb the
urbanity of Chancellor Magic: a lawyer
who wastes the time of the court and a
lawyer who comes into court with the
case unprepared. These two unpleasant
things occurred this morning when His
Honor was asked to hear the habeas
corpus proceedings brought by Mrs. Laura
Hermann for the recovery of her infant
son from the custody of it's father, Adam
Hermann.
Lawyer Clarence Kelsey handed up the
petition of his client to the Chancellor,
who asked if the defendants lawyer was
in court. There was no response and the
Chancellor remarked
"A great deal of the time of the court
is being wasted by lawyers going away"
AT this juncture a young man slipped
up to the Chancellor's desk and said that
he was the brother of Lawyer Peter Bent
ley solicitor for the defendant His
Court and asked that in the event of
testimony being taken in his absence
would the Chancellor permit him to cross
examine afterwards.
where is the return to the writ?"
asked the Chancellor.
Il don't think any return has been
made" was the reply.
Surely every practitioner knows that
a return should be made to a writ of
habeas corpus?" said the Chancellor.
Il don't know anything about the case"
said Mr.. Bentley.
.'Wel, 1 wish there was some one here
who does" retorted the Chancellor.
Il am ready to go on
'sBut you're not" the Chancellor broke
in. you have made no return to the
writ"
THE child is here" said Mr.. Bentley,
pointing to little boy sitting with his
mother who was accompanied by two
rows of women, young and old, fair, dark
an dotherwise, all intently listening to the
proceedings.
"But sir" said the Chancellor, 81 can't
pick up a child which 1 don't know.
Your client must make return to the
writ. Any book of orms will teach you
that. The statue expressly declares what
shall be done in habeas corpus proceed
ings. I'll send for Vice Chancellor
Stevens and ask him if he can hea it,
After a brief consultation with Mr..
Stevens, the Chancellor turning to Coun-
sellor Kelsey, Mr.. Bentley having rushed
off TO have drawn up the return, which
caused so much trouble, said:-
''Vice Chancellor Stevens will hear it,
and pray tell Mr.. Bentley he had better
not go before him unless there is return
to that writ
This afternoon Vice Chancellor Stevens
heard the case In her petition Mrs
Hermann said that she and her husband,
who is in the express business were mar
ried in ST. Marks P. E. Church, Jersey
avenue, on October II. 1891 She dis
covered that shortly after her marriage
her husband sought the society of disso-
lutte women. His conduct was so fragrant
that she was obliged to leave him and go
with her child to her fathers house in
New York. There she worked for the
support of herself and infant son.
One day last July, said Mrs. Hermann,
she was with her child on Seventh avenue
near 131st street, New York City, when
her husband suddenly appeared and seized
the boy. She strove to retain him when
took the boy to No. 156 Montgomery street
where he lives at present. Mrs. Hermann
declared that she had been denied access
to her son, who was not receiveing prop
er care or training from her husband.
Hermannss side of the story is that his
wife is unfit to look after his son. He
denied that his conduct was improper and
also denied that he had ever assaulted
his wife.
The case is still on.