The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-07-07

INTERESTING CASE IN New OsIxAasV
CLAIMANTS TO A FouNpLING.- "A very int
and exciting case was tried yesterday befor
Lsrue, Of the Flrst District Court. The pls@
the case was Mrs. Wilhelmina 'Fabler. wl1
toned tie court for n writ Of habcns coryp@s
Mrs. josephine Dewey, to require her to prd
court the body Of certain infant child,
Augusta Wilhelmina, aged twelve month";
lawful protector and custodienne she elaine
by virtue Of the following fsets;-When
child was about two months old, u was Icl
door Of house on Rampsr. street, sdjacen
residence Of Mrs. Fabler, who, mt the rec
some persons, undertook Its charge, aud
performed het dutics, until about seven gnHd
when, having to go TO Havana, she left
charge Of another person, who delivered
the fatbcr Of tho corporation, our wo
by whom il was delivered to Mrs. Dew
refuscs to surrender il. Mrs. Dewey, 1
the writ, produced the child in court, bu
that she had the nine points Of Law in hsY
wit, posscssion-tbat she had taken good
infant, and would continue to do so; she the
sisted the pretonson Of Mrs. FableT. The
conscious infant lay in the lap of Mrs. D 4
argumt nj of tho case, aud amused itself By
ard cutting other infa ntile capers, very
the delight Of its assumed parent, the snn
the sheriff, and somewhat to the disco
sitions we're interrupted in rather an n,
manner, hy what old IIorace called the
faatuut. The testimony, Which vas TO q
ing puTIoft, satisfied Judge Lsrue tbs
claimant had a natural right to q 80
reason be did not consider the rl
Judge solomn m in a celebrated On
books Of the Judges, as n proper on
His honor, the Mayor, having waivs
the property in dispute, tho contest =,
q ~ - a -
Isrue, that they were, either Of them, W,
deposi tories and guardians Of little tende
som Of womanhood So, after hearing both |
and looking very exprossivoly ut the little
faced, bright-eycd, chubby checked cheru
Judge procc eded to render n decision. The
said be did not consider IL would be safe "a
the child with either claimant, and .ss
the duty Of courts to protect the unfo'
and helpless, he should diseot the Oh
be sent TO the Camp street Asylum,
under the care Of those noble mstrer
taken care Of, and rcsred up in virtue and
ness. lie therefore ordered that the child
be taken by the Sheriff aud delivered over
Orpban Asylum, and the entrance fee he wo'
himself. The fat, jolly Deputy Sheriff u
ynpced 10 Mrs. Dewey, who, with loud out
sorrow and fermentation, delivered the child |
out,tretched arms vi the officer; wheredp
little Wilhelmina, In spite OF the very anis
fascinating look assumed by the sheriff for
casion, raised a most vigorous cutlery wbic
through the court buildings, to the great al
many anxious papas who were there ss.e
Attbe Same time, Mrs. Fabler, tho plaintiff
hoteos corpus, also joined in the general
these three voices, together with the urg
talstions IN tr.so Of the Shsrif. made rs
auarteae ave have heard Dr a long
nally, however, the little one was borne
umph BY the Deputy Shdih, and is,
whilst VIC now write, sleeping sNeetly
Gently In n neat, clean little cradle
watched by those tenderest Of all par
sisters Of charity, vir,oe, and philss'
devote their lives and affections 70 tb
and nurture OF the children OF misfo
Orleras Data, ypnc %.