New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1856-06-11
INTERESTING SUIT FOR Tbs CUSTODY
OF A CHILD.

Yesterday afternoon . case 10 decide which Of t~o
parents should have the custody OF their insnt child
Wa heard BY Judge Cspron in Chambers. The parties
to the suit-a young man named Bran and his wife
were present with their child. The evidence went TO
Il ov that Brsnan young butcher and the lady the
daughter OF highly respectable anly. who supported
herself by eubroiderng married about TIVE and
half years since. Three months sitter their marriage
Brsnan left the city and Was absent eleven months
during which time his wife had no intelligence Of his
place Of residence and we'd rem,tances for her
support. II while he shcept that their child
hoy, was born- The child, sfter birth,
chri-ened by Presbyterian clergy man, the
family Of the wife being Irish Pcotes
tsnts. The husband, returning. was
much offended at this. he being q Catholic, and the
fact was the occasion Of much IL feeling between them
In November LIST the wife len the husband. on the
grVund "a she alleged OF il.treatnent and went to
the house of her psreLts. After some pur,uS iou on
the part Of the husband she returned to her husband
after two weeks-to agan leave him on Christmas
day. for reason, as she alleges. of continued brutal
treatment in bestir her. The proof of this fact was
not direct and conclusive evidence went to show that
she had frequently complained of his beating her. and
on the occasion of their last separation had come
home with black eye and bruises on her limbs.
None Of the witnesses however had seen the i'll test
me1t The mother has since continued to live with her
parents, having in her possession the child, sickyl
tie toy of about eighteen months and hss supported
herself by working at embroidery Ga wednesday
lsst a sister Of the wife walking out with the
child when the husband who boards in shouse the
opposite side Of the street over seized the child
and carried il to biz boarding house. TIE sister. With
the mother, soon after a0oss TO the house, aud
demanded the child. The husband kept possession of
the child with enc hand raised a butchers cleaver
with the other and threatened to kll his wife If she
did not leave the place These are the facts sub
stantiaiy proven on the part Of the wife. For the
busbar it was proven that he earning from so
TO $50 per month-was sober-being a member Of
Temperance Scciety-and ndusttious-somew what pas
sionate aid occasionally addicted to profanity and
dog fights Both parties proved their ability to
support the child comfortably Mr.. Charles ). Spen-
Ger argued the in behalf of the wife. judge
Capron dec ded that as be had positive proof of
i'll treatment the part of the husband toward the
wife while biz ability to support the child comfortably
or the character sf the wife not attempted to be
couroycited, be could only decide that the husband
had the legal custody Of the child, but according to
the wife the right the child at all times, and re-
strcting the husband from carrying out Of the City
and County of New. York. The matter here took
different turn. The wife announced her readiness to
live with her husband-at whoh the husband seemed
taken by surprise The Court then stated that the
wife was willing to live with the husbani she had an
an eausl right to the custody OF their child, upon
which the parties left-the mother with the child and
her friends and the husband apparently crest fallen,
with the party who had been his surety. This will
probably not be the last that will be heard Of the
matter.