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Washington, District Of Columbia
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In Washington, Justice Bradley declined to quash a habeas corpus writ filed by Burt F. Cornwell to regain custody of his daughter Clara from her aunts, Nannie A. and Elizabeth J. Morrissey of Richmond, VA. The Morrisseys fled with the child upon service of the writ, facing contempt charges.
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Counsel for the Morrisseys Asked That Proceedings Be Quashed, But the Court Refused.
Justice Bradley yesterday declined to entertain the motion of Mr. James W. Gordon, of Richmond, Va., asking that the habeas corpus proceedings instituted by Mr. Burt F. Cornwell against Miss Nannie A. Morrissey and Mrs. Elizabeth J. Morrissey, of Richmond, for the purpose of regaining possession of his five-year-old daughter, Clara E. Cornwell, be quashed.
Mr. Gordon stated that the question of the custody of the child is now a matter being considered by the court at Richmond, which has awarded the defendants the temporary custody of the child.
Attorney Alexander H. Bell, representing Mr. Cornwell, protested against the matter being considered in the local courts until the Morrisseys produced the child in court.
After leaving the court Mr. Bell and Mr. Gordon held a conference, with a view of fixing upon some date when the child would be brought into court, and the matter finally settled as to its guardianship. No agreement was reached.
In all probability the next move in the matter will be that Mr. Bell ask that a writ be issued by the local court to compel the Morrisseys to produce the child in this city.
Mr. Cornwell's wife was a sister of Miss Nannie A. Morrissey, and for some time after the death of the former she had charge of the child. With permission she took the child to Richmond, Va., but although he has repeatedly asked her to return with his daughter, Mr. Cornwell declares that she refuses to do so.
Last Wednesday Miss Morrissey, with her mother, attended the marriage of a relative in Baltimore. They had the child with them. It was their intention to stop off in Washington to visit other relatives before returning to Richmond.
Mr. Cornwell learned of this and secured a writ of habeas corpus to regain possession of his daughter.
The Morrisseys arrived in this city at 3:30 p. m., and were met at the Pennsylvania depot by a United States deputy marshal, who served copies of the writ upon them. They abandoned their visit to their relatives and boarded the next train for Richmond which left the city.
Until they purge themselves of this contempt the local courts will not consider any action they may take in the matter.
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Location
Washington, Richmond, Va., Baltimore
Event Date
Last Wednesday
Story Details
Burt F. Cornwell seeks habeas corpus in Washington to retrieve his daughter Clara from aunts Nannie and Elizabeth Morrissey, who took her to Richmond after his wife's death and refuse to return her. Served writ in Washington, they flee to Richmond, facing contempt.