1856-06-29-New York Herald-The Mormon Case

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The Mormon Case

New York Herald, 29 June 1856, p. 6; col A


The Mormon Case

A Reconciliation Between Husband and Wife

Supreme Court.
Before Hon. Judge Clerke.

June 27.--Mr. Charles Edwards, addressing the Judge, said that in the matter of the habeas corpus of the three children named Jervis, which was referred by this Court, he had to inform his Honor that while the reference was going on the husband and wife came together. They say him (Mr. Edwards) this morning, and stated that their desire was to live together, and that the children should be given to them jointly. There seemed to be no intention to take the children to the Morons, and Mr. Latson and myself have drawn up the following draft of an order for the approval of the Court:--

In the matter of Jane Jervis, Agnes Jervis and Frederick Jervis, infant children of Samuel Jervis and Amelia Jervis, on habeas corpus and warrant.--This matter being referred to Charles A. Peabody, Esq., but the above parents of the above children now coming into court, before the reference is completed, and openly declaring their desire that the above children should be given to them jointly, and that they themselves intend to live together with them; now it is ordered that the Sheriff of the city and county of New York deliver over to the said parents, Samuel Jervis and Amelia Jervis, all of the said children, after all proper fees and expenses, including the board of the said children, shall have been paid to said Sheriff. Also, it is expressly understood that none of the said children shall be taken out of this jurisdiction so as to be carried to the Mormons.
JOHN W. LATSON.
CHAS. EDWARDS.

Mr. Latson suggested that the parties should be interrogated by the Court.

The Judge asked the husband and wife severally if they consented to this arrangement.

The lady, with a curtsey, and the gentleman with a happy smile, both responded in an anxious affirmative.

The Court then signed the foregoing order, and said--I am very glad the matter has been so arranged, and I hope there will be no further difficulty.

Mr. Latson--I think there will not, as they have agreed to bind out the eldest girl to a trade.

The Court--Do they intend to go back to England?

Mr. Latson--No, sir, the purpose making New York their place of residence.

We understand that Mr. Latson made it a sine qua non with his client that the eldest girl should be bound apprentice in this city, in order to prevent her being removed to the Mormon Territory.

The husband and wife left the court with their children restored to them.

The following is a copy of the letter of the wife, alluded to in her testimony as having been written to her husband from on board the ship Thornton, at Liverpool:--

May 3. On board at Liverpool. My dear husband--I now take up my pen to write a few lines to you, and when you receive this, I shall be many miles on the mighty deep. It will surprise you very much for me to take such a step but since I have had that mistake with Mr. Wheeler I have felt heartless, and he pressed me so much for money, when I paid him the last shilling. I could not bear to be asked for money when I had paid it once. I was grieved to leave you and father, and I knew it would be no use asking you to come, so I sent for a ticket, which I got. And, my dear James, if you still love me and your children you can follow us, as there will be another ship out this month, and if you will come I will wait in New York for you; and I hope you will come, for your wife and children ought to be more to you than all Hereford can offer; so let me beg of you to come. I cannot tell what I am going to do, for when I left home I had not got £15, which was not enough to pay for the passage and a person advanced me the rest, which I must pay when I can; and if you will not come I will send you some, if it is in my power; but I hope you will come and join me. It is very likely the people will say that I have left with some one; but you, who know more than they, must know better, and ought to contradict anything of the sort; but I believe there are some that will be honest enough to speak of me as they have found, and then they cannot say any harm; and what the dishonest will say I don't care much for. I shall enclose a bill for Henry Parry, as they owe 18s., and it is not in the book; I put the keys on the top of the cupboard; and I don't know if I have left anything atainst Mr. Taner, but he does not owe anything. Ann E____ was to give me 7s. for being with her in her confinement, which I have not received, so you can have it; and I lent Mrs. ______ 13s., besides what is in the book. I am writing on board, and I am afraid you cannot read it; I hope you will get some one to write to me, and then I shall have it when I get there, and you must know that I suffer as much as you; and then I can write back. Give my love to father, and ask him to come along, as I know we can do better. The children are all well, and send their love to you, and their grandfather and little Agnes. I have forgot the name of the vessel we are in. Please direct for "Mrs. Jarvis--Mr. John Taylor, Editor of the Mormon, Nassau street, New York." I cannot write more, for the want of room. So God bless you; and I shall pray that we shall soon meet again. Please to write at once, and then I shall get it when I arrive. Yours truly,
A. JERVIS.

[The reporter has, in the above, somewhat altered the orthography and punctuation of the original.]

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