
    In the Matter of John Deming, alias Daniels, and his Children.
    NEWYORK,
    Oct. 1813.
    A person sea» tenced to the state prison. {"el^rd^pavdoned, is re-rights and <Iurent, 8and 'Ce-custody °f Ms infant had been, on ciTnUrfeatzJ1S ^care^of6' guardians, appointed by the surrogate, |®'<c£nte> 2320
    A WHIT of habeas cormts was allowed in this case, in a for-z i • n ini r mer term, (see ante, 232- S. C.) to bring up the mtant children ot Deming. On the return of the writ, it appeared, in addition to the facts before stated, that Deming, at the time (June 1810) he was convicted and sentenced to the state prison for life, had a wife and three children, the eldest of whom was only 5 years old. Twoof them, Dorcas and David, were possessed, by gift and devise from David Deming the elder, of real estate to the value of 3,500 dollars, and personal estate to the value of 400 dollars. G. S. and the mother of Dorcas and David were appointed the guardians of their persons and estate, until they should attain 14 years of age, and they were placed by them under v o > v s. « the care of their mother and her second husband, with whom they had since lived. The other child, which had since the conviction of John Deming been supported by the mother, had died.
   Per Curiam.

We have considered this case again, on the facts .appearing on the return to the habeas corpus allowed in Map term, and we see no reason to alter the opinion then expressed. The father, by the pardon, is restored to his parental rights and duties, and is entitled to the custody of his children. It is, therefore, ordered, that Dorcas and David, the two children of John Deming, brought up on the habeas corpus, be delivered over to their father* the said John Deming*  