The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-08-17
4 R0mAntfe Case.
SUPREME c0URT-sPECIAL TERM.

Before hon Judge whiting
The People at the Relation of r. MNnchGNsen -.
Govy1gue The relator, with his wife, u German,
and appears to have resided IN this country many
years. About five years since the relators brother
came to this city and at the request OF nus motnsr
brought with him girl then about ten years Of age,
and delivered her to his brother, the relstor. This
brother saw the child until il was about three
years old and then for the first time II in his
mothers house, where it was living, and went by
the name Of Munchausen, the name of the REALTORS
mother. He never heard his mother say whose
child il was. When he left Germany all he knew
about her was that his mother and sister told him
Ito bring this child and give it to mylhis) brother"
Neither his mother nor sister told him who its
parents were, nor did he inquire. This brother
did not know that the reator ever had child BY his
present wife by any other woman. The relator had
two sisters both OF whom were married and had chill
dren. This child, at his mothers house called his
mother sometimes mother and sometimes grand
mother. The maiden name Of the old lady was
Kuka The relator took the girl into his family,
where she resided, and called the relator and his
wife father and mother until she was about fifteen
years Of age, and until the month Of January last
when the wife of the relatcr in the absence Of her
husband sent her to Wards Island, under the care
of he German Emigrant Society. AT Wards Island
she became a mother having been debauched at the
house Of the relator, who then kept boarding
house. After her confinement the respondent the
President OF the German Emigrant Society attracted
by her youth and simplicity, and believing her mis-
fortune the result OF negligence rather than of de-
PRAYED heart, took her into bis own family, where
she now is with his children, well provided for and
apparently happy. The relator in July sued out
this writ, and nov claims her custody an allega-
ton that she is his daughter by his present wife.
The girl, upon being questioned by me, denies
that the reaL0r is her father but admits that he Is
her uncle She declares herself satisfied with her
place, and desires to remain with the respondent.
The proofs the part of the relator fail to show
that the relator is not the father On the part of
the respondent, it is shown that the wife of the
lator, some time in September last, applied 70 ply
stefan to ascertain what was the matter with the
girl. The physician ascertained and informed the
woman that the girl was pregnant, and had been 30
for about four months. Upon this the wife Of the
relator said among other things, that her husband
was "uncle OF that girl, and that she was the
daughter OF her husbands sister, that the girls
name was Kakuch; that she could not keep the girl
in the house. The physician then advised that she
should be put to some boarding house. The woman
said she could not afford the expense, and he then
advised that she be put with the Commissioners of
Emigration. Accordingly she was placed on Wards
Island. It is also proved to my satisfaction that the
relator himself, just before suing outsthis writ, de-
clared that "the girl was his sisters child" The
conduct Of the woman was in accordance with this
proof cannot bring my mind to the belief that
mother with young and tender child OF that age,
could, under such circumstances 30 lar forget the
duty she owed to q common humanity, much less
the love and affection she would naturally have for
her own offspring as to abandon it to the care OF
public charity on 30 interesting an occasion OF its
young life. The subsequent conduct Of the re-
lator's wife, exhibits want Of feeling and
affection wholly inconsistent with the con.
duct Of a true mother, or Of a woman pos
sessed of any of the finer feelings of her sex.
The girl, from the time of her admission to the
Island until her delivery, and from that time on
ward, does not appear to have been visited by the
relator his wife nor indeed until the suing out OF
this writ, made any inquiry about her. In the
most trying hour of this poor childs existence she
was utterly abandoned by this most unnatural mo
Their. to the entire charge of strangers, without q
care or one soothing Of comfort, or Of hope, from
her. She passed through her peril and subsequently
became the inmate Of the respondents house. Some
six months since she was placed upon the island in
the care Of this society and now am called upon,
through the fundamentally Of this process TO re
turn this child, tender in age, so vlainousy be-
trayed SO heartlessly abandoned 40 providentially
preserved to the guardianship OF this elator and his
wife who still keep boarding house, where she
would inevitably be exposed TO similar jeopardy,
and perhaps a severer trial | cannot do il. l am
happy to h4 able say that the facts the relstor
has failed TO prove himself her father, and thus en-
tltle himself to her custody. am thus relieved from
the necessity Of examining the stern rules OF Law
reierredro by the realtors counsel In regard to the
right OF q parent to the physical custody OF his
children arising out of the parental relation. Judg
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