The New York Herald Newspaper, February 27, 1877, Page 4

LEE EEE LT LENA ET NCO TCL A one MARRIAGE. THE MYSTERIOUS -—--- + Extracts from Merritt's Love Epis- tles to Miss Knox. ccetiriaccabaageeeee tian PRAYING, LOVING, KISSING, Will the Shadowy Groom Have to Emi- grate to Utah? The continuation of the famous Morritt-Knox case | was set down for yesterday at Carmel, From farand wide the farmers, and sqwreens of Putnam county ame to attend the trial, but were nota litte disap- pointed when it was announced by Justice Gregory That owing\to the death of the wife of Mr, Williains, eounsel for the unwilling groom, the Court would have | ‘the Justice expressed the | to adjourn till March 12. hope that this troublesome case would then be dis- posed of, Merritt was present in court, but bis former beloved, Miss Knox, wus absent, Perhaps the most interested of all the spectators was old Merritt, the | father of Miss Merritt, of Somers, Miss Merritt is a relation of the defendant, Joho A. Morritt, Dut was the chowe of his heart when he grew tired of Miss Knox, and when tho latter came forward and declared that Merritt bad married her Merritt pleaded that this could uot have been the cage, as he was cugaged to bis sweet namesake, Miss Merritt, of Somers, Now Mr, Merritt, ber father, does not like the situation at ull, He says that John A, Merritt has promised to marry bis daughter and warry her he shall, But how can he if he hus already mar- ried Miss Knox? Mr, Merritt, of Somers, is quite firm in his conviction that John A. Merritt did not | uiarry Miss Knox. But suppose the courts hoid that he did? Then the only way for the Merritt lovers to Marry ove another is for Merritt to obtain a divorce | from hig wife or to have the marriage annulled on the ground of bis briae’s unchastity, by ber having an illegitimate child. THR EXCITEMENT STILL CONTINUING, Although the prevailing sentiment in Putnam county continues to be in favor of the bride, and the majority of intelligent observers fecl confident that Merritt and nobody else was Miss Kuox’s groom, there is no Goavt that his friends mean to push the guit which he tas brought against the Knox family for conspiracy, His counsel claim to have discovered evidence such as will satisfy every impartial person that Merritt was not the groom. They depend upon an alibi, both as to the marriage itself and the quéer application for divorce on the previous evening. On the other hand, Miss Kuox’s triends claim to have dis- tovered a new witness, Mr. George Sears, who, they gay, identifica Merritt as the man who inquired alter Lawyer Miller, and got him to draw up articles of keparation between himself and his future bride. It has even been mooted that tho prosecution Mean to put young Merritt upon the witness stand, aud, if be there persists that he was not the groom, in the face of the great mass of testimony against him, jo bave him indicted for perjury. There 1s still great $xe}tement throughout the county over this curious tase, and in all the public resorts within a radius of ten miles of Luke Mahopac it is the subject of vele- Ment discussion every night Dr. Dean, the clergy- man who murried the couple, has been roundly abused Jor his duplicity in first stating that he felt certan Merritt was the man, and then turning round and de- Claring that he was not certain, after all, whether ho ‘was or not. The following is a verbatim copy of the Brewstae, Nov. 18, 1876. 1 marriage certificate :— | i To Wom 11 May Concerns; ‘This certifies that John A. Merritt and Maury K Knox were married by me on the ening of November 8, at half. past seven o'clock ut Methodist Episcopal parsonnue, Rev. J, J. DEAN, ‘The following are extracts from the love letters Which Merritt wrote to bis beloved at the very time When, us he now claims, he was solemniy engaged to Miss Merritt, of Somers, All the letters but one are without signature, ip pursuance of an agreement detween the lovers, but they are all admitted to be in wo handwriting It is evident that Merritt never nded the spelling “bees” : HOW HR PRAYBD FOR 2kR. Canux., May 18, 1875, My Love—I call you this with much gaunce. This has been x very sorrowiul afternoon to me T do not think,that there has been ten minutes at a the that I have not Thought of you aud once this afteruoon T felt so vad and fown neurted that I stope.! right in the middle of the ficld sud Pruyed and of corse I prayed for you and that you might soon be on your way wen with me. It would de the grentess pleusure tome if T only knew shat we would meet in beaven to pars po mere, [ abould de willing to vo to-night when you answer this [ hope that you will tell me that you will seak God right away. Darling, I bave just come back from the lake (Mahopac) ind thought that 1 would finish my letter, Juss before f er I took your pitcurein my heaad At it and kissed it, and said to myself if could see her what & plensure it would be tome. Luave got A grate Lig plece ot'maple ‘suvur right here ‘before me und {wish you wax here to help me eaga it, Norman (his brother) first rose up | th ing T told hin that T wcase of praying in d what are you e xiv ted pencil. (Ls this not breath and lying in the next 1) Treranin ax yours, truly, love. I will not siga my name, And you di) the sane. Remember me when this you see, Al thu meny milds apart If others bare my compan Oh! you shail have my heart, Many kisses To you, my i) Please excuse. Write soon, and a WS INTENSE PIETY. The beaatiful vein of piety which runs tnrough this and other letters shows Merritt in t! vot only solicitous for his sweethearts kisses, Lat also for ber spiritual wellare He is now one of tho class Jeiders at the union revival meetings at the lake, and pours forth « perfect stream of piety and morality at every meeting. In the following epistie, from which we guly give a brief extract, he shows that be was not | satistied with Kissing her picture, beautiful as it no dount wae, On May 26, 1975, he write Dramesy 1 seat. * * © [wish insted of writing I was talkin Kiss you. * © * Denar you baved promised a hat you would reek God be- fore Néver put off till to-morrow what should be done Tt may be to late. * * Deare that letter K. | jonogram | on youre envelope will betray me please id one with 4 letter on it ayain. IT must close. 1 with an elaborate pen-arabesque, in which the following is written in spider letters:— “For you Love ts my motto.” WHAT MAKES HER 8O THIN? ! Tt appears from the foliowing extracts that Merrite | did not covfine bis tender atsentivns to Miss Emma | Knox, but also bestowed an occasional kind word | upon her elder sister, Anna. It will be seen that upon | tue whole he preiers Emma, and that in the warm month of June he was in eat tribuiation at the too real proportion which his adored Emma was ve. wing to assume, One can imagine bis deep soli je and profound grief w Anna acquainted hita en tud with the father’s opinion that “Emma had never been , Bo thin as she was now. Jo wietter dated yun You just wate until I sve 1875, he saye:— and seo iff Tdon't kiss you ontil you are tired of me. © F * But you rust look for: wurd ; there is better times coming. It is very warm to-day tnd Pdo not feel us if Leould do anytuing. 1 expect your sister is luoking tor me to-morrow ight, 1 wish it was you asked me whon [ was going to con- wut kuow, but belore long, and ulvo ike ty know what Anna (her sister) and e. Under date of July 28, 1875, he writes ;— Deaneet Euma -* * * our sister told me that your father was over to see you and le suid that he never saw you look so bad betore, he said you was so thin in flesh, What makes you so my love! ft worries me so that don't kuow what todo. My pen is very poor and it makes ry nf So you must excuse all, Write " Good Ky with weny meny Kisses My Darling In another epistie in the same month he says:— ry Good By, their huppiv sougs f wish it Lenjoyed myself very much THR FAREWELL LETTER, Alas! ber dream of love was brief; for but two | months later he tells her, with many protestations of ‘Wudying affeetion, that he Wants no more of her and that be hus foaod another more attractive magnet, Tue whole of the epistic which follows might be can- didly summed up in this:— ma, dearest, you are ; bur, exeuse mo, I have found another girl,” be seen from the postorpt tuat he u i e carried this letter in bis pocket from August 20 ull September 2, and only then could be muster up cour- | age to send her the crue! missive with a purting out Larst of aflection :-— ene 1 Avcust 20. 1876, Cd —My Darling 1 now take my p s ‘heavy heart to tell you as fowling Hine Pheve been to ya grent deal ani L iave, fe have nothing to say agains you. very sorry that I have caused 9 ou yy Tam sorry lopeing to ve for and mach . wid he mich tral through iife 7. fi 1 was eorrispynd- tells me that he wo Frio rest Leon's help bus call you Lt of all + how quick T wouid veld von that L woud ‘Oh Emma [ think shat we woul ere never would be w G J bone that you will + * ‘but J} me, how could Cm mine it seems in| SPELLING. | | Townsend | A benefit will be tendered Mr. Hugh Judge at | iy had been you iustead | ' ami * @ © Disrling if (t was not for that child {her in- faut! my father or mother would not stop me if they did | try ever so hard, I to see you next October and ha' a talk with you, thisis my lust lesser for wwhile, I remain our trne and loving iriend, f send you meny meny kisses. On September 2 he ts seized with repentance und | adds as & postacrips:— tin the lot twice. to be surw: you know it, f help but see me. * Vnearly eryed b % sve you this morning. kinma do wm HOW WILL IT EXD? How will tend? That is the great puzzle. Either } Miss Merritt of Somers or Miss Knox must be disap- } pointed, He cannot marry both unless be emigratcs nd this seems to be ubout the only step that ate biw from is present troubles, | adjudged Miss Knox’s husband, Miss Merritt of Somers wili probably be after bin with a suit for breach of promise of marriage; and if be is acquitted itis doubt- ful it any other woman will risk « matrimonial entan- glement with so shadowy a bridegroom, Emigration | to Utab with both Miss Merritt aud Miss Knox seems to be Merritt's last rema.ning alternative. Wu1il beem- brace 4? THE } to Utab, COUNTER.” “BLOODLESS ED EX-JUDGE CURTIS CONTRADICTED BY EXE WIT- | NESSES—MK, CHIPMAN’S VERSION OF THE AFFAIR—THE EX-JUDGE REITERATES HIS DE- NIAL. ‘The Heraty on Sunday published an account of a | windy war which took place at the bar of the Astor | House, the alleged principals in which were two of | Joe’ Coburn’s counsel, ex-Judge Curtis and Edgar | F. Chipman, The same day the ex-Judge, in a card which found place 11 the Hxxa.p columns yesterday, stigmatized the account as made from the whole cloth and stating that be was ata loss to imagine cause for | such ap active exercise of the imagimation of the re- porter, &c, A HeRaup representative yesterday paid a visit to Mr. Chipman, at his oflice in Centro streot, and in- quired concerning the truth of the statements of Mr. | Curtis in refutation of the published report of the | unpleasantness,” when the following interview took place Rerorter—Mr, Chipman, 1 have been sent by the | editor of the HRALD to ask you as to whether there was uny difficulty between you and Mr. Curtis at the | Astor House on Friday ovening last. Mr, CulpMan—I was very: much surprised te sco Mr. Curtis’ card in the Heratp this morning. The acts ure these:—Ex-Judge Curtis, myself and other gentlemen had proceeded to.the Astor House and were drinking at the bar, While we were all standing ere Mr. Curtis turned to a gentleman of the party and | asked nim bis opinion of Queen Victoria, The opinion | aid not pleuse the ex-Judge, who thereupon used vile and violent Janguage, comprising up offer to “hick him in two minutes,’ The remarks of Cur- tis were thoroughly out of place and totuily unprovoked, 1 at once, but mildly, remonstratea with Curtis by saying, “You sbould not talk that way ; you have no reason to, &e. ;”” whereupon he turned on Mme with violence and asked me un uncomplimentary question, ‘This quesiion he auawered bimselt 1p 4 still | mere uncomplimentary strain, concluding with an oller to heck me, He made 4 move to take off his coat at the same time. I looked at him squarely and said quietly, *+Ldou’t think you will, Judge. You ought not to address such lunguage'to me aud particularly while We are en- gaged in Ube same cuse, You ought pot to inake use of any words that may inany way tend to injure tho chent we are votn working for.” To this he retorted by more foul language, telling me 1 didn’t know a thing about ‘“cuser,”? and more to the sume efle Alter this the Judge wildly abused another party who was present without the slightest excuse for so doing, He was grossly insulting ali through, but subsequently regained his good nature and asked the party to have something to eat. Rerontex--Was the Judge under tho inilucnce of liquor ? | Mr. Curpmay—Unmistakably. 1 don't think he would bave behuved so were he not. ‘As the reporter was ubout to leave, he encountered another gentleman who was an eye witness of the | wrangle. This party said that he bad already con- | ceived the idea of publisning ® card tn contradiction | to that of the Judge’s, alleging that the latter was so | grossly intoxicated at the time that be was probably | Incapuble of recollecting any of the occurrences of the evening in question. . | EX-JUDUK CURTIS? CONTRADICTION. * After the statement of Mr. Chipman bad been re- ceived at the Henanp office, ex-Judge Curtis was called upon by another reporter, who told him that his card Was not uccepted as a complete rejutation of the | alleged quarrel by some one who claimed to buve been inthe Astor House at the time, the Heranp man asked whether he desired to say anything in explan’ tion of the repetition of the report of a quarrel such as was described, Again he denied tbat there was any truth m the story, and emphutically asserted that it was without the Jeast foundation m fact. If any per- won repeated {t,he said, he wanted to be brought face to face with him. Then it way inquired whether he had met Mr. Chipman since the Occurrence avd what he said of the report, He replied that he bad met Mr, Chipman, and that Mr. Chipman, too, denied that there bad been any such difference, The ex-Judge said that he did not wish to be shot at from behind the hedge of journalism. He had Hatty contradicted the story over bis own signa- ture and now he wished’ to meet the man who persists in giving it currency. Hisonly explanation of “the fabrication of such @ tale” was in the belief that some one wished to cast aspersious on his character and injure his client. ‘There is evidently a lapso of memory or a misstate- ment of tacts somewhere. POLO. WHAT CAPTAIN NELL MOWRY AND RB. J. CARILLO, OF THE CALIFORNIA CLUB, ARE WILLING TO Do. Captain Nell Mowry and R, J. Carillo, of the Califor. nia Polo Club, now being disengaged, are anxious to arrange with any professional polo players in the world a series of matches to come off iu the spring or summer of this year. possible, and hope their challenge will not “go a beg- ging.” Mowry and Carillo will give or take expenses to play any iwo men in Knglang, France or Canada; ‘they will meet any two of thu Texas Polo Club bulf for the eame object; or they will play five of the Bos- may prove mutually conveuieat, | These matches may be for testimonials and us much stake mouey in addition ae will prove agrceable. Captain Mowry and hig associate wish it distinctly understood that this Challenge does not include the Westchester Polo Club. Ever since their visit to the Atlantic States the officers and members of that organization have treated them with the utmost consideration, nnd they could not, in justice to themselves, piay against any of its repre- sentatives. Until further notice letters will reach Mowry and Carillo at Providence, R, L., and it is their intention to leave this challenge open long enough to reach ali in- terested persons. GRAND ATHLETIC TOURNAMENT. The greatest gathering of athletic celebrities that has ever taken piace in this country will occur on Thyrs- Academy (American Institute Building), Third avenue, Sixty-third and Sixty-fourth streets, where Mr, J. Marion Pollock (a young gentleman well known to tho amateur athletes of America, and a chief mover in the elevation of athletic sports) announces a series of games, open to all qualified aateurs. Tho entries for this highly interesting event closed on February 22, and number upward of 150, The groatest possible in- terest hax been manifested in these competitions, and papers ail over the country have been lavish in their praise of the undertaking, at the same time exboruny prepare tor the friendly strife, iengiuy, programme the meeting will be opened at seven o’cluck sharp. HANDBALL. Amutch at bandball was played at Casey's court, No, 111 Douglass street, Brooklyn, yesterday afternoon between ex-Alderman James Dunne and Richard ‘townsend. The match was the best two in three ames, The serving on both sides was remarkably | Casey's court, on Thursday next All the leading ex- | perts in this vicinity and a large number from Philue | delpbia have Kindly volumteered their services, YACHTING NOTE, The Yacht Atalanta, Mr. Astor, from New York, Passed Whitostone yesterday afternuon for City Isiand, where she is to be fitted up, AQUATIC | | Nuw York, Feb, 24, 1877, To THe Rviton ov THe HenaLy:— You published in your editorial columns an article think {t an excefient plan. Have a ruce for aii n under seventeen course you named, avout one mile and a balt, athletic ciub or paper would take the matter in hand y Might wake iu success, Yours truly, BKAGLE ATHLETIC AND ROWING CLUB, embers of rowing of athletic clubs ACADEMY OF At tho stated meeting of the New York Academy of Seiences, held at No. 64 Madison avenue last evening, DO papers were read, but the following gentiemen were elected officers for the ensuing year, and congravu, Intory addresses wore made on the work of the acad: omy and the state of science in Amertcu:—Presiaent, John 8, Newberry; Vice Presidents, Professor Benjn- why then | have got to give you ould meet « ith one thi 5 wong gee mm 4 but were buarty as well asl should you min N. Martin and Proien: 1s Eygieston , See iY Proiessor Huvbard; Treasurer, Joun 8, Hinton, ‘They will meet those desirous | of making such arrangements in the friendliest spirit | ton Club, or four of the Chicago Club, at any time that | day evening, March 1, at the Metropolitan Riding | heavy. The tollowing is the score 1s, 2d, 8d. |-Danne.. . 2k vw 21-69 1 16 2k 14-61 | about rowing this season's races on the Hudson, and I | Could pot a four-oared | Face be gotten up to give “Young America” a chance? | curk Of age, to come off over the | If some | 4 NEW YORK HERALD, TUESDAY, FEBRUAR VIRTUE AND FUNK. THE REAL ESTATE VAGABIES OF A RICH OLD ENGLISH BACHELON—Was ‘VIRTUE EN- SNARED" OR ‘¥BIENDSHIP REWAaDED?” The suit brought by the executors of William A. Virtue to set aside leases of Irving Hail and No, 12 Dey street to General Funk und Miss Helen S, Ballou came up yesterday in Supreme Court, Chambers, be- fore Judge Barrett, An outline of the story has al- ready appeared in the Hexano, Wilham A. Virtue, an Engiishman by birth, and the senior memoer of the publishing house of Virtue & Yorston, came to this city to reside, a good many years ago, He did business at No. 12 Dey street, and for % considerabie time resided next to the Irving Place Hotel Although a bachelor, Viriue was not wanting in suscepubility to the charms of the fair sex, and it is alleged became addicted to certain immoralitics. So marked were these irregularities and 80 completely was he unfitted for business in consequence that on the Ist of April, 1875, Mr. Charles H. Yorston, his partner in the publishing houso of Virtue & Yorston, was induced to purchase his interest in the firm, for which Mr, Virtue received the lurge suin of £24,000, or nearly $120,000, He at one time resided at the Irving Pluce Hotel, of which General Funk was one of the proprietors, and there made the acquaint- ance of Miss Helen 8. Ballou, au attructive bionde, Who claims to have been actress, Miss Baliou remained at the Irving Place Hotel unit July, 1873, when she went to Bath to reside at uw hotel of which Funk was ulso one of the propri- etors, About the sime time Virtue went to England, and when he returned to this city early in 1874 Miss Ballou bad also returned and was residing at tho Uuion square Hotel, There the gay bachelor frequently | visited her, AN ALLEGKD CONSPIRACY AGAINST VIRTUE, It is alleged that out of tnis intimacy between Virtue and Funk on the one hand and Virtae and Miss Balloa on the other grew a couspiracy, the results of which were-soon apparent. Funk iirst induced Virtue to purchuse of him bis leuses of irving Hall and an adja- cent building, Virtue agreeing to pay tor them $6,500, He did not puy in cash, bowever, bus gave instead bis promissory notes Subsequently Virtue . informed Miss Ballou that be regarded Fuuk as the best friend ho ever had, and expressed u desire to give him a sub- stantial token of bis regard. ‘This be proposed doing by executing a return of the Irving Hall leasehold, leaving the unpaid notes—ove for $1,500 and another for $3,000—to be sucd for and collected out of his estate. siisé Bullou saya ste saw strong objections to this design and endeavored to persuade Virtue from tt, tollimg bim that he bad iriends who had stronger claims upon him than General Funk coald have. Apparently among these iriends she included herself, ior she accepted from him a ninety-nine yours? lease of the property No, 12 Dey street, worth $12,000 or $15,000 per year, In return for the magnilicent consideration of $2,000, Virtue alao sold to Miss Butiou tor $2,000—which she says he had Yorrowed from her from time to time—a property in Brooklyn, and $5,000 was named as the consideration, in order, the answer alleges, to enhance the value ot the property in the eyes of third parties, After all this Miss ballou suggested to Virtue that in considera: tion of $4,000 Le should convey to ber, in trust for Funk, the Irving Hali lease, because Funk was bank- rupt and could not accept it in bis own name, Virtue aid this, and it is to be assumed that she generously paid the money, while ihe promissory notes remained unpaid and were sued tor by the pergous to whom | General Funk bad assigned them. THe CARE IN THE COURTS, Mr, Virtue died August 15, 1875, from apoplexy, after an illvess of only three days, He lett a will wich was dated September 17, 1874, leaving his property to his relations, und appointing James Spent Virtue and Wilham Moore Sheri! of Eugiand hig executors. This will was probated 1p England and also bere, and under the latter probate the American adininistrators, D ic! Lord and Franklin B, Lord, were appointed The administrators were sued in the Court of Common Pleas on two of the noves given for the Irving. Hall lease by George Chaffy and Michael P, Chaffe, to whom they bid been assigned, and a suit was also begun in | the Superior Court by Maria Funk to gain possession of the Brooklyn property, «which bad been sold to her for $2,000 by’ Miss Ballou, An | application was made to Judge Dononue to stay pro- ceedings ia these suits, and a temporary injunction wag granted, ‘The argument will be heard to-day, the plot alieging that General Funk ‘pretended to en- lertain a great Iriendship, for him (Virtue) aud culti- vated his society and companionship by every meaus in his power, and encouraged as Well as Joined him in acts of dissipation and rlotousness, and sought by Various methods to obtain au influence and mastery | over him which would afterward be made use of to the advantage of himself, the said Augustus Funk; that the said deiendant, Helen S, Ballou, although she claims to be an wctress by profession, has not followed that calling and has uo apparent means of subsistence or of gaining a hivelinood,” &c,; that they “con. spired “wyetuer to cheat and defraud’? Virtua, and that tue proceedings to recover upon the promisaury notes given by Virtue should nov only be stayed, but that all the convey- ances of property should be set aside on the ground of fraud. On the other bund the defendants claim that the property was’ given them in good faith, aud that ‘there was no fraud or undue influence. All the allega- plaintiMs are weuied, and the whole trans- action 18 insisted upon as only a ‘tangible expressiva ot his regara” from Virtue to Funk, Mr. D. Forrest Lord presented the case for the plain. tiffs, Ho was followed by ex-Judge Joachimeen in bebalf of Maria Funk and Charics W. Brooke tor Gen- eral Funk and Miss Ballou, Randolph and Guggen- heimer ulso appear for some of the parties, and the Chaffes are represtnted by Algernon 5. suilivan, MISS HIGGINS’ BOARDER, THE GOOD LOOKING GUEST WITH A CHECKERED CAREER, Miss Ann Higgins keeps a fashionabl: boarding house at No. 57 West Twenty-first sireet, between Filth and Sixth avenues, and although she has baa consid- erable experience in boarding house liie she was un- fortunately made the victim of an alleged swiodler i lately, named John L, Davia, Mr, Davis came to Mis: Higgins’ house to board on January 2, and his appear. | ance and address were such that the lady ald not con- sider it necessary to ask for money in advanco from the gentleman. After a few weeks’ stay in the house, during which time he suc- ceeded in making’ @ very good impression on his landlady and bis fellow boarders, he gave a check onaSouthern bank in liqaidatiou of bis Will This check was returned not honored, und then he oflered his own note for $188, payable four days alter date. ‘The note was never paid, but, Micawber like, he gave | another check for $2440n the Murray Hil Bank, in full Hquidation of boara und ceria moneys which he ‘owed from Miss Higgins from time to time. id February be came lo dias Higgins wad said he wished to use $75 immediately, aud gave her his check for iton the Murray Hill Bank, she indorsed the check, depositeu it im ber own bank, the Seeond National, und gave hitn the money. Tue foliowiug day the check was returned to her, andon going to the Second National Bank she was told that Davis hud had no account there since 1874. She then went to the Twenty-ninth precinct, made her complaint there and procured his arrest. When the officer waiked into his room in the how ‘Twenty-first street he found bis trunks all packed he hiniself ready to leave at a moment’s uotice.. bis verson was found « bank book vn the Murray Hill | Bank, the account in which was closed, as stated by | 4, the cashier, in 1874, but on the next page to | thut where the ‘account was closed = and | balance struck was seemingly # fresh account opened during’ the months of July, August and September, 1876, for various sums rauging irom $300 to $900, the eniries in the book having been im all probability made by himself, Also ou Davis? per- son was found a $1,000 bond on the Chesupeuke ad Ohio Coal and Lumber Company, of what value is yetunkuown. Davis, who isa five looking young man avout thirty years of age, was arraigned betore Judge Flammer, at Washington Place Police Court, yester- | day atternoov, He was remanded until to-day, to give the Murray Hill Bank officers time to appear and tes- uty. Misa Higgins said yesterday that during all the time Davis boarded with her she never received any money from him, but was content with his promises and nis cuecks, all of which, as her present statement evinces, proved to be equally valuciess, THE NAGLER FAMILY {ROUBLES. Albert Nagler, a burkeeper of No, 153 East Houston street, the story of whose domestic difficulties was told in yesterday’s Hexato, was arraigned before Judge Flaummer yesterday morning, His wife, in spite | of the wounds she was supposed to have recoived at | bis bands, was also present wo prefer a chargo ot asswult’ and battery, Sra. Nagler, who now keeps lager beer saloon at No, 19 Bleecker street, 19 4 stout, healthy looking woman, of about forty years of age, According to her previous #tacoments, ae Well as Ler ailidayil yesverday, she has guffered much at the hands of Alvert, to whom she has Deen married seventeen years. Notwithstanding no alleged abuse, however, she seems to have borne it rewarkably well aud 1s at present only anxious that Albert shuuld feave her aione for the future, ‘Tho knife with which tho assault was made on Sunday Allernovn was produced in court, and instead of being & dirk, a8 wt first stated, proved to be a small pocket knile, ‘and the wounds inflicted by it were by no means dangerous, Albert Nagier was held in $300 bail to answer at Special Sessions, CAPTAIN HEDD. Yesterday was set for the taking of further evidence in the case of Caprain Hedden, of the Thirty-third precinct, charged with being a persistent borrower of money from ollicers of his command, but the case was cwsed, and the Police Commissioners will give their decision on the evidence already in, ON HIS WAY UP. N’'S CASE. William Reilly, who was arrested for assisting In the robbery of Mr. Herman ‘Trost, was, at the Filty-sev- enth Street Court yeherday, committed for trial in $2,000 bail, It appears that ‘Trost entered the “Half ‘Thousand iiouse” With two other men Who, It 18 eumied, Were unknown at the restaurant, After tue p22 fava Gurished drinking and leit tbo robbery took | that threatened each moment to hurl him a senseless | {ntormed the passing public that it was *'to let,’” | UP THE SPOUT. | SENOR MIRANDA'’S DELIRIOUS MIDNIGHT PER- | FORMANCE ON THE SHUTTERS—AaN EXTRAO! DINARY SCENE IN FIFTY-SIXTH STREET. About midnight of Monday a most extraordinary scene'was witnessed at No, 340 East Fifty-sixth street, A man was seen to emerge from a» window of the seo- ond story, and, apparently supported. by the air, to | glida to the peak of the roof, thence to the adjoining house and down the front to the street, disappearing in the darkness. TUR PERVORMER, ‘The actor of this scene was Sefior Miranda, a gymnast und trapeze performer of some note, A short time ago he was performing at Niblo’s, He appeared to take great pride in uccomplishing feats that to the audience seemed miraculous, He was constantly inventing new features, and would cream at mightof | his public successes, Two or three weeks ago, whilern | the act of an extra hazardous pertormance, he caught a violent cold, which became more and more serious and settled ou his lucgs, He was gonfiued to his bed in his father’s house in Fifty-srxth street, but grew worse daily. He required constant attention and | watching, for he exhibited a desire to make his bed » stage and the bedpost a trapeze bar, After several gymnastic performances, im which the family involun- tarily assisted, it was found uocessary to bind Lim to the bed with ropes. OU? OF THE WINDOW, About midnight of Sunday he was left alone for a fow moments, securely bound, as usual. He was at this time delirions, In bis faucy he saw tho audience smiling at him, To break the cords that bound him and jump to the window was the work of a moment, With a cry that echoed through the house he sprang out and bung suspended by his bands, The cry alarmed the household, aud, rushing to tbe spot, they were horror-stricken ut his position. Hanging, sus- pended thirty feet from the ground, he stiied at them apd then bowed bis head as if awaiting the applause ho was accustomed to receive, “UP TO THE 3OON,”? ‘The startled family endeavored to persuade him to come back to the room, and some of them advanced | toward him imtonding to suddenly seize him and draw | bim in, Bat thts was not in his programme, and with | one band motioning them away he cried :— “Let me alone; fam going up to the moon !”? Miranda then began a series of gymnastic teats, smiling at his audience, who no doubt watched him with & more intense interest than any that he had ever previously performed belore. Each mo- tion toward him id check the smile, and in the fear that if force was used he would drop below and be | dashed to pieces, he was allowed to continue, Alter a whilo he wearied of his position, and, with acry, he suddenly disappeared trom the window, UP THE SPOUT, Ashe tell from the window the family paused a mo- ment, expecting to hear the thud that would announce hig contact with the pavement below, But no thad followed, and if there was not method in his nadness he cortuinly lost none of the coolness and nerve he possessed when sane, Grasping a water spont, he cltmoed hand over hand “toward the moon”? Reach- ing the fluor above, he grasped one of the swinging shutters and paused u moment oreat, Then, smiling again, he commenced a series of clever and dangerous fents—dangerous even on an ordinary trapoze. He was now forty feet nbove the street, tossing and swaying on acreaking und not over-secure shutter, His au- dience watched him with interest growing more and more intense, his smile finding no rellection upon their upturned fuces, Tiring at Inst, he sprang trom the shutter with a cry that was echoed below, and tirmiy grasped the gutter of the roof, Finding this more to his liking, he uttered ery after cry of satistac- tion, and’ began a sories of waves und lurches mass below. He gradually grew quieter, und finally bung pendulous fiity feet above the street. FROM HOUR TO HOUSE. Alter resting again he started ulong the edge of the roof, quietly swinging himself from hand to hand, As he neared the adjoining house he paused ‘a moment and hung dangling limply by one arm. A shudder pugsed through hix audience and they braced themselves to witness bis fall, But to fall was not his intention. Suddenly he was seen to tighten his grasp, did, with another wild ory, pitch forward. Grasping the roof of the adjoining building, he tottered a moment, seeming to struggle for the | mastery, and then bang oscillating iu the moonlight, his body casting grotesque shadows on the street be- neath. . WHERE 18 Ik Now? Preparations were now made to catch him, but with no avail. He proposed to return to the ground im a manner as novel as he had reached the root. Quietly reaching over the roof, he dropped from sill to sill, from shutter to shutter, until he reached a small stoop over the Itont door. ‘Standing a moment here, he turned a somersault, slid down one of the pillars, and with a shrill cry disappeared in the shadows of the street. His friends have notitied the police, and the actor in this moonlight drama ts now being carefully searched for. AN ACADEMIC COLLAPSE. HOW THE SCHOLARS OF AN UPTOWN SCHOOL GOP A LONGER VACATION THAN CONTEM- PLATED—FINANCIAL TROUBLES. A well known uptown educational establishment has Just ceased its functions in a rather unceremonious and premature fashion, A derangement of that economic condition of the household most aptiy de. scribed ag the res angusta domé uppears tu te the cause of the blight which bas overtaken the institution, ‘The school, which was known as the Girard Institute, appeared to flourish for a wumber of years, but it scems that recently decadence Had set in, and that, like other enterprises, it too felt the pressure of hard times. It was situated in Sixty-sccond street, between Fourth and Madison avenues, and enjoyed an excellent reputation and a good deal of the patronage which usually follows hard upon a good name and high standing, Its pupils were principaliy’ day scholars, but it had also a limited number of boarders—not more than a dozen or ilfteen. DISAPPEARANCK OF THE PRINCIPAL. ‘The principal of the school wasa Mr, Girard, a French gentieman, who had been resident in this country for u bumber of years, He wae casy and self-possessed 10 | manner, and anjoye an excellent reputation. His | wite, an’ American lady, assisted him in the manage- ment of the school, In the middle of January iast Mr, Girard left the house one day, having frst bid his wile good by, aud since then hag not been heard of. His pupils, at all events, saw no more of him, and ail quest after him proved vain, Tho matier was, however, kept very quiet, and Mrs, Girard carried on the school to the best of her ability. Financial embarrassment is assumed to have been the cause of Mr. Gi- rard’s disappearance; at all events, there if no suggestion of domestic tufelicity or of any occasion tor it, There docs not appear to have been any change in the routine of the school unul last Friday, when the pupils were inade glad by the announcement tbat they | were to have certain holiday indutgence extended to them, ‘The precise reason for this concesston is nov very clear, but the way in which it operated 1s alto- gether beyond doubt or surmise. It seems, however, that there was acustom of allowing the boarders to spend the last Saturday and Sunday of the month at home with their friends, and when discharged on this occasion they were informed that they would not be required to return betore Monday. 4 LONG VACATION. The vacation, however, turned out much longer than Was contemplated by the parents und guardiaus of the interesting youth who bad been thus disentbralled. On Saturday their trunks arrived at their respective hoines, and when Monday came one of the fountains of academic learning hud ceased to flow. In briet, Mrs. Girard was gone away, the furniture had been re- moved from the Leen pagent the house itself was bolted und barred, aud a placard hanging up tn front SOM LOSERS BY THK TRANSACTION, How much money bad been collected in advance cannot be ssated with accuracy, but there aro at least two well autheaticated cases in which the pupils’ tees tor the half year from the first of Febraary had been patd, One gentleman, @ merchant doing busiuess in | William street, in this city, stated toa Henan re. porter that he had a ward boarding in the institute, and that he bad paid $200 for bim in advance tro! February 1. e said furtber, that in December an attempt had been made to collect money whic even according to the advance system, would not be | due ull February, and that it bud been successiul in some instances, | The reason given, he said, for the attempt to collect it thus prematurely, was that the achool was just then unsuccesstu! flnancialiy. Another gentleman, also a merchant, carrying on exs in William street, had been still more untor- He had kept, he said, four boys (lus wards) in the school as bourders, and in December last had responded to an application tor money, which would | not be due will February, by wu payment of $250, | Again, in January, be had paid cond sum of $250, | and on February i7 he had made to Mrs, Girara a payment of $600, which, with the other sums, repre- | sented the suil amount, payable in advance, from the Istot February, for the tuition avd board of the four boys. He was ata loss, be said, to account for the way in which the school had been broken up, for tho principal and bis wife did not appear to live extrava- gantly, and the house, although comfortable, was rather modestly furni-hed, AS matters now stand, Mr, Girard is un absentee for more than a month, Mrs. Girard does not court pub- licity, and the school has ceased to exist, WALKER WALKED BACK. Douglass Walker, who was tried for norsewhipping Thomas F. Clark, at the Brooklyn Academy of Music, and was sentenced to the Kings Cuunty Venitenuary for sixty days by Police Justice Walsh, was rearrested yesterday, On Suturday last, as stated in the HxgaLp, Walker was reloased trom the Penitentiary on a writ of certiorari, issued by Judge Gilbert, and filed a bond for his appearance when the writ should be made re- turnable Velure the next term of the Lourt of sessions ‘The tirst notification District Attorney Britton bad of the action on the part of the counsel for Walker wi aiver the release of the prisoner, Yesterday Assi ant District Attorney Suell made alfidavis 10re Judge Gilbert, setting forth thay the — afilu Y 21, 1877.-TRIPLE SHEET. | Smith assisted him to do s order be granted vacating the writ of certiorari, and that Walker be ‘recommitted to the Penitentiary. A bench warrant for the arrest was The warrant was executed by Oficer Daveys, of the District Attor- bey’s office, wha arrested Walker in the ofiice of Mon- roe & Mulville, fire insurance agents, No. 155 Broad- way, this cily, where he isemployed, He was removed to the Pentiensiary. Ip the ‘noon General Isaac 5. Cathn, counsel for Walker, gave notice at the District Attorney’s office of his intention to make application oe wot nee writ of certiorari this torenoon, betore Judge KATIE RIEDEL’S DEATH. DISSATISFACTION WITH THE VERDICT OF THE JURY—WELSPIEL'S CONFLICTING = STATE- MENTS—WHAT ONE OF THE JUKORS SAYS, The general dissatisfaction with the conduct of Coroner Dempsey in discharging trom custody William Welspiel, the seducer and paramour of Katie Riedel, the pretty young woman whose dead body was found in a fleld on Staten Isiand, was intensified yesterday by the narrative of a HrRaLy reporter's su fal search for the dresemakers employed by the deceased just before her death, and their statements contradicting the testimouy of Wel- spiel im important particulars and showing that if he did not accompany the young woman upon the fatal trip be at least knew of it. “Why were not these dressmakers found and summinoned 10 tustify at the inquest?” 18 the question asked on all sides; but it receives no answer. PRRLING ON ATATEN ISLAND. On Staten [sland the popular feeling against Wel- spiel 1s very strong. It'is clammed that the inquest should have beeu leit open to await developments; but exactly how the latter were to appear nobody seems to know. The police force of neither this city nor Staten Island appears to have done anything in the case; although there are a score of clews to be followed. The threo rings worn by the girlon the night of her disappearance are probably now tn the bunds of some pergon tn this city, and the pocket book and other arti- cies taken from her person have probably not been de- stroyed, ‘The gitl must have died some time later thin four o'clock on the morning of Sunday, the 1th inst., as the body was found at noon and ‘was still warih when the autopsy was mado at fivo in the even- ing. Where or tn What company did she pase the pre- ceding night 38 the — question «which hat Urully occurs to the mind There was not a particle of evidence adduce at the inquest outside of Welspici’s own starement—and that 7 omely vague—that the deceased had ever been with, or Was ever seen in the company of any other man, She had bem living with bim from the time of leaving Mre. Phelps’ omployment, three w previously; and according to his own story she lett his room in bis ‘company after five o'clock on the evening belore her deain, The tailor from whom Welspiel tired the apartment gaw them leave to- gether, and that 1s the last time the girl is known to lave been seen alive, Less than two hours later Welspiel returned alone, Rathgeb, the tailor, who occupies A = room adjoining that of Welspiel, was undorstood to swear that the latter remained at home during the rest of the | evening, us he remembered hearing bim cough in his room, — Welspiel swore that he on that evening accom- panied the girl to Chathatn square, and that he then parted with her, she saytng that she was going to take the boat to Newark, where a friend named Mary would get ber employment, and be going to seo his Wile av No, 63 Columbia streot, rematning there an hour, and thence going home, That is tho . Inst ‘time anybody admits having seen the unfortunate girl alive, Welspiel went on to state that he arose on the following morning at eight o’clock, had breakfast, and went to see bis wife again, He did not mention that he culled upon apyoudy else in accounting for how te spent his time on that fatal Sunday; bat the thre husband of one, state that at ten o'clock On that moruing Welspiel called at their place und said be bad been sent by Katie for her new dress, They informed him that it was arranged with her to have it finished by eleven o'clock, and that it would be done at that time, He replied that they need not trouble themselves any more abvut it, as the lady was going right down to Staten Island and could nov watt for it, Weispiel, when asked by a HxxaLp reporter last night bow he came to know the girl was going to Staten Island dud why he stated the contrary on the stand, declared that the statement of the dressmaker was a d—d lic, that he did not know the deccused was going there, and did not make any snch remark when he called for the dress, These discrepancies in Welspiel’s state- ment would veem to require explanation, and, coupled with the fact that bis sworn testimony that he never had held sexual intercourse with the dead girl was directly contradicted by several subsequont witnesses, as well as by the internal evidence of the testimony fteelf, it is no wonder that his suspicious story—about leaving the girl so suddenly in « busy square to permit her find her way to a boat which was to bear her to a distant town in search of employment, gt night, aud at the close of the week—snoald be doubted by think- ing people and a fuller investigation demanded, REOPEN THE INQUEST. New Bricuros, 8. To Tug Eprror ov THe Herator- That this inquest was not thorough and exhaustive there can be no question, The members of the press can bear witness that the coroner was unnecessarily Feb, 26, 1877, and repeatedly interrupted: in the discharge of his dutics and curtailed in the examination ot the witnesses by two or three impatient jurors, who insisted that the Coroner was consuming too much of their valuable time, to the dis- gust of the majority of the jurors, who were willing to give this matter the most thorough und searching investigation which it required, regariless of the time consumed, so that when the matter was finally sub- mitted to the jury in its crude state they had no alter. native but to return the nou-commitial verdict which they did. Any verdict implicating Welspiel on tho evidence as udduced and submitted to the jury would havo proved abortive, as the evidence before the jury proved an ulibi, and there was no evidence tend. ing to prove that he furnished the poison, The inquest shoutd be opened, and all the surround- ing circuinstances aud acts of each and every person having any connection with or knowledge of toese parties should be diligentiy and patiently inquired into in every particular. 1 ‘The coroner, with the valuable aid of the New York press, did wonders. He sturted out with nothing but the remains of an unknown beautiful young woman, poisoned by prussic acid, The position and condition ot the body when found and the character of the pol- gon at once ralsing one of the finest questions of med- ica! jurisprudence as to auicide or homicide that bas occurred in half a century, A JUROR, THE INQU ON RYAN. AN OFFER TO PRODUCE THE REAL MURDERER OF BROCK FOR ONE THOUSAND DOLLARS, At the Court House in Newark yesterday the inquest on the body of Thomas Ryan was resumed. The evi- dence elicited went to sustain that already publishod— namely, that no doubt exists that Ryan’s death was the result of a heavy dose of arsenic, and that great luxity of discipline prevailed at the jail It also came out incidentally that the man Carson, who bad special charge of the prisoners, firmly beheved them inno- cent, and that a detective had called at Oschwald’s parents’ house and offered for $1,000 to produce the murderer of Brock. Little or no effort has been made to discover who conveyed the poison to the prisoner. RESUMING THE INQUEST. The first witness called was Depaty Sheriff Edward H. Freeman, who testified that he was in charge of the jul on Wednesday evening, February 14, 1877, trom weven to nine, and from one to three on the morning ol February 15; Kyan was sick and vomited much; he groaned, aud remarked that bo was going to die; Ryan was taken sick about eight o'clock; he asked for beer to drink; witness told nim that tho doctor had for- Didden him beer, and Ryan said he (the doctor) was no doctor; Ryan wanted to walk, and witness and Officer emarked, 1 am said, “1 guess poisoned and I’m yong to die,” witne not,” and Ryan repiied, “Yes, I am;” Ryan then todk witness’ hand and placed it upon his stomach, at the same time remarking, ‘‘fhere—tnere is a hole nearly formed through iny stomach, don’t you feel it?” told him ‘No;" be appeared to have great pains Ryan did not say how he got the poison; did not see Ryan again before he aied, WATCHMRN’S TRATIMONY, John Bob, a night watchman at the jail, testified that he wus on duty every night during the confine- ment of Kyan and Uschwald; no one was allowed togo to Ryan’s coll in the evening. Michael Scnovelin, who {s also a watchman at tho Jail, gave unimportant testimony. Mr. Edward Mullen, a Newark reporter, testified to visiting Ryan and Uscbwald several tmes tn his capa- city as a reporter; Mr. Carson was not always on the platform in front of Ryan and Oxchwald’s cell; he gen- erally remained on the hall floor; witness way ut the cell door probably three or four times; While there witness saw several quantities of fruit passed in to the prisoners without inspection; witness bimsell never passed any articles ito the prisoners; never was searched, nei- ther did he see any one else searched; sometimes saw articles of food passed into them; Tuesday before the ecution Witness was present when Mrs, Oschwald told her son that some one had been to the house und offered to bring forward the true criminal iv the Brock murder for the sum of $1,000; Oschwald was under the impression that the man was ex-United States Detective Newtieship, but his mother said it was not him, but some other tan representing himself asa dotedtive, : RYAN’S STOMACH ANALYZED, County Physician Leshe Ward testitied that the anal- ysis of Ryan's stomach resulted in finding inthe flaid from six lo eight grains of arsenic; two grains were sullicient to cause death. Colunel Johnson, the warden of tho jail, testified that he was surprised ‘at the testimony of special officer Carson, becaose b wore thut everything should be examined, hi u tion tbat his deputies the clotning and food, because they thought that Mr. Ca son attended to that in particular, and if he (Johnson) had supposed tbat he had not attended to that he would have discharged him. was adjourned till to-day, upon which the writ was granted was not filed wi tue Co Cierk, nor was any order discharging the 1 prisone: ‘with the Clerk, Mr. Sueli ‘what an when the verdict will be rei ‘The Inquest at this stage dered. No more witnesses will be examined, : ew witnesses found by the | Heap in the persons of the dressmakers and the | “THE VINELAND TRAGEDY. Mre. Landis Gbtains the Custody of Her Children. AFFECTING SCENE —_——. AN IN’ COURT, Trenton, Feb, 26, 1877. The suit of Mrs, Clara Moude Landis for the ree covery of her two children from her husband and theis father, Charles K. Landis, of Vineland notoriety, was decided by Judge Alfred Reed, in the Supreme Court, here to-day, in her savor. The case was argued on the 16th inst., and to-day at noon was thetime set down for the rendering of the decision by the Court, It wae near one o'clock, however, before Judge Reed read his opinion, The deluy was occasioned by the non-arrival of Mr. Landis and the two children, who did not appear in court until that time, Mrs. Landis, ander the pro- tection of her brother, Captain Richard W, Meade, was early on hand. Mr. Cortlandt Parker, her counsel, and Messrs, Benjamin Williamson and J. H. Nixon, counsel for Mr. Landis, held a cousultation which lasted about an hour prior to the opening of the court, Mr. Landis waiked in with the children, which he held by their hands, and took a seat opposite the Judge, He was accompanied by his sister and a colored purse, He placed the eldest boy, Charley, who will be sia years old in March next, alongside of bim on a chair, und be took the youngest, Dickie, who has just turne¢ four years, io his lap, #here the litile fellow reclined during the proceedings, To the rear of Mr. Landis his wife and her brother, Captain Mead, took seats, Mr. Lundis tooked fully ten years older than he really 1s, His hair is of 4 silvery hue, and bia mustache and whiskers are nearly as white His face was pale, his eyes were sunken, and his features altogether portrayed a downcast, sullen disposition, He was attired in a light gray suit’ Mrs. Landis looked in robust health and buoyant spirits. She was attired 1n a neat navy blue suit and a plain black hat without nveil, Both parties puld strict attention to the worda which came trom the Judge. Little Charley now and again looked back at his mother, but she did not seem to recognize him at any time. When the Judge concluded Mr. Landis and his sister were deeply aflected. He arose, and with the culldren proceeded to depart through the main door of the court room, followed by his sister and the nurse, Mra, Lands arose also ind went into an antechamber, Hero she was met by her counsel, who tried to prevail upon her nottoenter, Into this chamber Mr, Landis.and the children algo entered, Then a scene ensued which will not soon be forgotten. The children, on berng taken from ibe custody of their father, commenced crying and screaming. Charley sobbed out, “Oh! papa, pupa, where 18 my papa? [want papa! 1 will not leave him! Kill me—kill me! or let me go to papa!’? Lit. Ue Dickie sobbed piteousty. The wailing was kept up for nearly an hour, and it could be hourd all through the butiding’ Mr, Williamson tried to pacily Mr, Landis, who was greatly affected. Mrs, Landis talked her busband, but to be consoled, The door of the chamber was closed, and even then the heartrending sobs of the children could be plainly beard. Mr, Landis’ sister was ulso deeply moved, She felt keenly the parting with the Little ones whom she bud cared and watched over for the past two years, After an hour's agony the children wers taken by their mother and uncle, Captain Meade, who nveyed them to a curringe which was iw waiting outeide, and then drove to the railroad depot, where they took a train for Mrs. Landis’ home in Jersey City. Mr. Landis, dispiried, rly heartbroken, waiked up the street toa hotel, and in the evening took his departure for Vineland. Outside of the par: ties interested, tho lawyers, court officers and report. ers, there were oaly a tow spectators; but all were considerably affected by this simple scene. Judge Reed, at the conclu-ion of bis decision, with difficulty repressed his emotion. Mrs, Landis has another child at her home, a boy, whois only one year wud six months old. The tollowing i ra M, Landis left the house of her hu day of May, 1875, and since then has been living separnte from. Husband. There is burn to them theee children now liv iwo ot them, boys, were in the possession of futher at the time of the allowanco of this writ. ey were and still ure within the age of seven years, By this weit the children wre, in court, and the questi us to their disposition. The mother claims their custody. Her cluim ix bared upon the act passed Murch 26, 1860, en. titled “*.\n act concerning the custody ot infants. Outside of this xtatute in this proceeding the mother ban no lecal claim, The first insistment of the respondent is that the uct of 1860 is not in exis synopsis of the decision: — and on the 22. is wax urged exrly du t a it was put npon the ground tha act of 186 al fe admit. ted that there is uo enactment of a repeuling statute, The ication by the pas insistment ia that itis rep plement to un act sae of the uct of 1871, eu concerning divorces” Fira —Because mutter. Serond-—Becnuse the latter act is repugnant in its pros visibus to the first statute, 1 did not, ut the time of the argument, think ft con. vincing, and I have not upon subsequent reficetion por ceived any reason to change my conclusion, is true, deal with the custody of infants, The ch is different. But exch statute is confined to, the requlution of the mauner in » parti The first upon the proceeding of hal upen the petition to the Chancellor or was pending or had It of course seems upon just ® chancel lor shouid be controlled by one rule in one proceeding und by another rule in another proceeding, whore she partic? ure the saine and the subject of the proceedings identical, But @ diversity existed befure the pussage of either of these acts. In the exbaustive glucidation of the power of the Chan- cellor upon each ofthese two proceedings in Buird va, Baird, itis apparent that there was « wide distinction be- tween the power of the Chancellor whon exercixing lis general equity Jurisdiction over infants and nis authority When hearing ihe suine matters upou return tou writ of Habeas corpus. Ir the latter instance he had the power of a common luw judge ho greater wuthority. In the former he bad the right to consider the wellare of the cbild ag the controlling motive in the adjustment of the custody of the infant, ‘And this was so whether the ehildren were already in tho custody of the mother or the fathe: ‘The net of 18WU dia not operate to remove such adversity by giving the Judge or Chancellor on habeas corpus tue same power to award custody as the Chuncellur had in equity proceedings. ‘On the first proceeding a different rule was adopted from prevailed nt common law. several rig ts of the parents w the act was more in conformity with the maun urt of equity would exercise its diveretion, y’ the one case the rule was discretionary and in tho other ob- ligatory. The detence, although not great, still existed. "Then the act of 1871 was enweted, which was clatmed ag Arepoulero. the act of 1860, Tho argument in. not 1 the court or Judge must Bow awalt custody nccording to th direction of the latter act, but that the court or judge ha: no authority at all to judge as to custody; that the in- funt can be discharged frum restraint us at common law, additicual authority to award custody ylven gone, ‘That tl act of 1871, by legislative intent, gives to Chancery the exclusive authority over the subject of cus: and so impliedly stripy the Supreme Court aud its of the statutory authority unuer the previous act, 6 legal rule to be observed in considering this is stated in Sedgwick. 108. ‘Laws uro presumed to be passed wit, deliberation and with full knowledge of all existing ones On the same subject, aud it iy therefore but reasons! a conclude that the ture in passing @ statute did not intend ‘ith or abrogate any prior Tating aot the repugnaney betw w two is irrecon henee a repeal by implt on the trary, the courts wold the prior law if the two ucts may well sub- eld thas the act of 1860, under which this ap- plication is tuade, was not repented by implication by the INTE, a su ito the uct concerning divorces, ot subsequent incorporation of that act in the revision of the act concerning divorces in 1874 Thar the last uct wus to regulate the judictat discretion of the Chancellor in a proceeding purely equitable und the pemer to control the eunduet of ® Jadge'in's suminary peo ceeding. He also hold that the state of separation existing betweer by the wet of Lei wll have the custody children yy her charwcter wnt @ exposed to cruelty, ruption OF Bross ss ‘rhe contingency cannot be presumed. It must be by impli arcs latter uct covers the same subject cular proceeding, ‘ ‘The inst these parties was what wase The statute is pere unless the habics, will leet. He then reviewed the evidence upon the three points: allezed dislike of children, her neglect of her children hor alleged improper conduct. In regard to the latter point, Tsoo nothing to demuud serious consideration. I do not botieve the testimony of the boy Cond. visite by and croquet playing with Davis, and with the two Sands, her brothers-in-law, tu Burke, & 1g buyond a ‘possibly deba ition of propriety. re is nothing in the testimony which I can linpate unchastity, corrupt chwracter to the mother age of seven year custody of the mother, surr by the Iniinen family, would be subject, to immoral peluctples und habits, iv # proposition the absutdity of which ts apparent from ite statement, Tt is sworn that the mother, on one or two occasions, made inquiries s+ to what would’ prevent chil this T entiroly concur with the Chancetta 1 thi He Tad borne was alluded to the chitdren by testimony to the alleged ill-treatine He thon held that without reference to the ny of the parties themselves and their immed 6 Fdo not think upon any or all the points upoo which testimony has been taxen, has it been proved that the mother iv of such character and habits as to render her au Improper guardian for such children, By toree of the statute an order should be made that the children be discharged from any restraint by the father and that they shall be delivered to and remain in the y of Clara M. Landis, the mother, until they severally attain the age of seven years, Mr. Williamson asked tho Court tnat Mrs, Landia should be ordered to give security that the children oo not be removed outside the jurisdiction of the Jourt Mr. Parker said the Court might Inquire as to the Fesidence and jntention of Mrs, Landis. Judge Reed repiied that Mr, Williamson might ap- ply for a writ of error, which, by force of th Would (vo granted. He airocted slr. Parker 10 us Mrs. Landis questions as to her residence and ia tention, Mrs. Landis was sworn. Mr. Parker asked hor:— Where are you now living? A, In Jersey City. Q. How long have you been thore? A. Since Sep tember iast, Q Where do you reside there? A. Near the station on the line of the Newark aud New Yorb Q Have you taken your residence there perme nently? A, Lbave tuken my residence there perma nenily and I do not intend tu-remove. @ Will you keep the b pea within the jurisdic. lion of the Court? A I intend to keep the children Within the Jurisaiction of the Quark