Year: 1870

Card0z0 presiding, was crowded yesterday morn
ing as it was before the audience being COM
posed OF all classes and conditions OF society," the
most interesting portion OF which was composed Of
q large delegation OF ladies, drawn thither by the
natural curiosity OF the listen to the proceed
ings In Of the peculiar and interesting char
acter OF the one about to be brought before the
court. The case to be argued was that OF "Lltte
Corinne Lewis" whose father, DR.. VIM. II. Lewis,
of Boston, is charged by his wife, Mrs. Serene Lewis,
with having kidnapped the child from her custody,
thereby violating the order OF the Supreme Court OF
Massachusetts, which had awarded the custody OF
Corinne to her at the time OF granting her divorce
from Dr. Lewis on the ground Of adultery.


Mrs. Lewis and little Corlnne were In court, &C
companied by their friends and attracted q good
deal of attention. DR.. Lewis sat beside his counsel
exJudge Birdseye and Mr.. Crosby.


The counsel for Mrs. Lewis MIR. Howe, In setting
forth his argument said:-n your Honor please, the
testimony upon the issues joined In this case have
been completed ana the evidence in this suit closed


have merely to submit to the Court IN support OF the
prayer which we made, that this child, Corlnne be
accorded to the custody OF her mother; that the
testimony taken proves that the child C0rnne, being
girl under the age OF seven years. was, on the 22d
day OF April, by decree OF the Supreme Court Of
the State OF Massachusetts accorded to the mother
the relator IN this proceeding as It's custodian and
guardian, upon writ then instituted by the mother,
Mrs. Lewis against the respondent In this proceed
said to have been committed by him III the State OF
Massachusetts,. The decree ! now present to the
relates to the custody OF the chd. (ir. Howe here
read the portion according the child to the mother
during the pendency OF legal proceedings.) Under
the act OF Congress, which gives full effect to the
proceedings In sister State in this State and in all
others have introduced that record. The evidence
will be found to declare that while that child was in
the possession OF Mrs. Lewis, pursuant to this de-
cree. the defendant In violation OF thht
Sfanl Court took that chd and think may be Iustaea
In using the word, kidnapped the child and brought
1t TO this city. Under this state OF facts we sued
out the writ OF habeas corpus now pending before
your Honor. traverse was lnterp0sed, testimony
was taken and the result is simply that we have dis
guardian OF the child and that that suit is stlll
pending. II is not denied by the respondent that
this order has full effect 1t not denied by the
adultery and not yet disposed Of and 1t admitted
that under that order Mrs. Lewis was duly consti-
tuted guardian or the child. l do not propose at
this stage OF the proceedings nor do l
deem It necessary before your Honor especially
to discuss the various decisions tnat have been given
in this state az conflicting between the right of
father and mOth0r But may here say that the last
settlement ana decisions universally recognize that
this Court acts upon It's discretion in cases like the
present We have made prjnsa JaciR case that
the custody is In the mother awarded TO her by the
solemn decree OF the highest court Of the State OF
OF commty between this Court and the other, |
simply invoke this Court to sustain the Supreme
Court of Massachusetts, Knowing as do how eX.
tremey Jealous the Court Is and the associate
judges Of this court are when decree OF this kind
has been attempted to be violated even In the most
Insignificant decree, but when the sOemR order OF
q court has been treated as so much waste paper
and violated on its face, think it would an in
suit to your Honors understanding for me to do
more than simply to ask that the custQjy Of the
child be awarded to the mother.


Mr. Crosby replied on behalf OF DR.. Lewis.
He SAID 1t had rarely been his fortune In the
OI a somewhat active professional life TO have the
honor of presenting TO any tribunal question
which, In all OF Its lights and shadows and bearings
presented SO much supreme gravity and importance
as the one now before him. IL was q question
OF gravity and solemnity. because In its discussion
and decision were involved many OF the gravest
principles which underlay our system or society.
The sacred relation Of parent and child, OF mother aud
his Honor would decide tnat question: one OF the
highest lew officers OF this State as you believe to
be right. He knew that there was no power that
could be brought to bear on his Honor. except the
issues In the case and whatever his Honor's Judge
ment, deliberately formed, should deem to- be- ats.
case, and contending that the Courr HAD no power
to award the custody OF the child to the mober, ON
the following grounds


writ which Judge Cardozo had power to make dig
q 2 and e child


W.. n could no, Ss snnss Ss . R This suit
living In such state OF separation from her husband
recognized by the statute.


Mr. Blrdseye said that when he showed the Court the
language, appealing, with an apparent act OF devo-
tion to Almighty God instantly to remove from her
sight and the world the respondent In this case;
when ne showed him the sister OF the petitioner,
cOrraboraLing such language and such acts on the
said he was using every possible exersion 10 com
pose and settle the difficulty between himself and
his WIFE, that Mr.. Richmond had SAID to Dr. Lewis,
"Sir am nghting this thing against you and
/ Will DO my damndest to beat you" he asked his
Honor to say whether it was proper that the child
should be removed from the custody OF the father


Mr.. BrQaeVe. having alluded to the uiSTracpful
manner IN which the grandmother cursed and swOre
in the presence Of the child proceeded review the
testimony taken In the case, ana which has already
been published, ana concluded his remarks with an
eloquent appeal to the Court on behalf OF his client.
lie asked his Honor rs q Justice OF the Supreme
Court and the successor OF the Chancellor would nc
be consulting the true interests OF the child II he
permitted her to grow up under Mrs. Aliens inau-
her character uniformed, now devotional and claim
Ing that nothing shall separate her from her papa,
and obecting to the blaspnemy OF her uncle-was
his Honor going TO place that child where she would
receive proper 1nstructOnsY Ii he delivered the
child to Mrs. Lewis his Honor would deliver it 70
whom he could not fail to see (even If she were
conceded to be afectionate and kind and desirous
OF living with her husOand) yet was so plastic and
her sister, Mrs. Richmond. caused her to fail her
purposes and to cry out with an agonlzed heart,
'My duties to my mother and sister and friends
cause me to give up DR., Lewis and all my earthly
happlness.n lie, therefore. under all the crcunl-
stances, asked his Honor to award the custody or
the child to the father and at some future day the
wife and husband might again come together ana
bless his Honor Tor the course he had adopted Ia
their case.


Mr. Howe replied to Judge Birdeyes argument in
an able and telling speech, which evidently
touched the sympathes CT the spectators. He ar.
gued that Mrs. Lewis, since the time OF her mar
rage to the DOCTOR supported him and her own fam


lily from her income and that she was Kind and
anect0nate wife until the misconduct OF her husband
came to ner knowledge aud lacerated her heart to
such degree that she, at last, though with reiuc.
tance obtained separation from aim. After read
ing portions OF the testimony, Mr.. Howe concluded
BY earnestly snpplcatng the Court to give the child
to the mother. He said ne stood there as father,
100, and ne implored it,


Judge Cardoz0 look iha papers and reserved Ills
DECISION. The large audience then withdrew.