New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1854-09-15
AN INTERESTING CASE.
A FAMILY BROKEN UP-WH0 SHALL HAVE
THE CHILDREN

THE CHILDREN
SUPREME CoURT-N CBAMBEss-Beiore Judge CLERsE.
In the matter of Anna Maria Murphy, claiming Ut
her husband William Murphy, the care and custody
of their two children.
The parties who are of highly respectable appear
ance, were with their friends in Court, az we're tho
two children, neatly and indeed elegantly dressed q
little boy four years of age, and little GIRL his sister,
six years-an interesting brace OF little cherubs.
Mrs. NJ. is a smart back-eyed LADY, and Mr.. VI. HIM
self might be called handsome-sPPearingm mar
Mrs Murphy, in her petition for the custody OF the
children alleges that she has been treated with great
unkindness and cruelty by her husband and was lly-
ing apart from him, having in her care the two ehl-
lren mentioned but that Mr.. NJ. took possession and
deains them &c. She claims to be entitled to their
care.
In answer to the writ Mr.. Murphy appeared, az al
ready stated with the children, and in his return
states that he is husband Of the said Anna Maria;
that they were married in 1916. On LIST May, 1852,
he opened boarding house ut No. rs Waren-st,
which was superintended and conducted by his said
wife, while he himself attended to bis business which
was that of printer and engraver) elsewhere; tina.
about Feb, 1854, young mon named Montgomery,
aclerk in a dry goods establishment became boarder
in bis house and while there frequently called
Monte by the b1srders and usually SO by his wife;
that about May, 1854 from observations made to him
by his friends of apparent familiarity that existed
between said Montgomery and his wife, and by tho
notice of it taken by himself, he led TO believe
that an improper intimacy existed between said Mont
gomery and his wife; and making inquiry in ref
erence thereto he ascertaned that bis wife had fire.
quently been seen out of his house in the company Of
said Montgomery unknown to the depoDent; that on
making such discovery he demonstrated with bis vito
with reference to the improperly Of her conduct to-
ward said Montgomery and expressed to her his de-
termination that said Montgomery should no longer
remain bearder, associate with his said wife; that
she in return abused the defendant and expressed her
determination TO correspond and associate with said
Montgomery.
The return proceeds to say that Montgomery soon
afterward left the house. Not long afterward depo-
nent expected to 90 west and started but did 90.
Mrs Murphy went out a Sunday with one Of hor
children, and met Montgomery. She quit him for
short time and left her child at the house OF friend,
when she returned to Montgomery and they went to-
getber to the Battery, thence the Hamilton Fer
ry to house. where they remained an hour and g
half On another occasion bis said wife met Mont
gomery, and they crossed together 10 Hoboken, got
into stage there, and returned TO the ferry subse-
quently together Deponent, on her coming homo Ia
her house. reproached her with what had occurred
at the time she replied only by abuse but next
ing asked his forgiveness He deter mined to break
up housekeeping, but agreed, on her promising not
again to the said Montgomery furnish apartments
for her in Fourteenths give to her the care OF the
children and he would provide for the whole Of them.
He procured the lodgings accordingly but he finally
sscertained that she kept up her acquaintance with
said Montgomey-snd in proof Of it he discovered in
possession Of said Montgomery letter in the hand.
writing of his said wife, which is here appended:
THE LETTER.
THE following the letter alluded TO- with the osson Of
am Incapable Of writing, or in fact thinking. L
suppose our usty messenger has told you Of Y being
here. Last night he was here till 81 did not read
your rote in time TO meet you. Indeed feared TO do
go a. / think the package was opened am sure the
outside was any how no more letters IN
Degraw We cannot meet before you 20.
Give your mind 10 business. DO not let Consuelo
have reproach herself too bitterly. Let try and
act worthy the feelings We profess. Oh when think
of the devil X t ing TO sit girls and then coming up
here so sancthed' 1t would amuse you 20 see ths
patronisng air be assumes toward me. Really, did
hope be meant TO let matters Drop and actually re-
preached myself for my dehnqueDcies ia forgetting
my duty toward him as have, But feel a. If never
ought to think owed him any duty
oh -, what sad lot Is ours 1 fear happiness is
too distant for COnsueo 10 enjoy. | covet q
place in this world which | know I could 6l with
credit to myself and all concerned but while K. ves
l never can hold it. My souls wildly wor-
SHIPPED idol must feel proud Of me, and not hang his
head when the name Of her he now adores Is sighted
oh, could il have been possible TO hold place by bis
side welcome poverty, riches, rain or shine, my
hearts treasure could feel proud Of bis Consuelo
Monte, try with danger every time write To hear
from or see you. Now did X. drop on Us was IN
done. To stand a suit would be useless 10
leave my dear children. Oh, Monte, it would never
do to live with you, with them, and X. alye-impos-
sible.
Now if be get proof that we still meet correspond,
how am l 10 do should he refuse me my children or
his support Better be cautious for few months I'll
this is put down il be will let il die out.
Monte, one question. Could yos sssist ConsaeDs