New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-07-29
and that. Il found TO

Se tre, your Honor will, by order for that purpose
dboet the guardianship IT the said children 10 be
mated to the said John J. Doane such other per-
son as your Honor may deem fit upon such term. and
sabject to such lioitatons as your Honor may d7em
Siscr.et and proper; and that your Honor VIII make
each further aud other order In the premises as the
circumstances may seem to warrant or require. Aud
in the time and until the decision ut your Honor
herein your Honor viii BY proper injunction order,
moving or Otherwise changing the custody or control
Of the said Claude G.. and Fila Staply, or doing any
other act of any Description whatever rendering or
tending "a render Intellectual the jurisdiction Of your
Honor over the persons If the said children either
of them. And your petitioner will ever pray &c;
sus any the petitioner above rs@ed bling daily sworn,
sssTht 6.. the foregoing petition By him sab
Belief ''i Z sT i9I;f u.
II. r TOWNSEND, Com of Deeds
ExmBIr A.
ssp,e~s Court u q. STATE d York JOr e Fi,'i Ja
The petition Of Marcus C. Stanly, Of the City of
Eew-York, respectfully showeth-
That he /, the father If two llegtmste children by
. female now living and residing at No. DOB Fourth
street 10 the said CITY, known Eliza G. Fairchlld
otherwise called Conaut, otherwise called Toombs,
etherwise cslled Stasly.
That one Of the saii children Ia b,yl. Claude g.
Stanly born at the said city or about the eev
snth day Of June, lS47, and the other "a girl,
twenty-siIth day of July, 1919.
That an illicit acquaintance and intimacy existed be-
tween your petitioner and the mother Of the said chill
dren from about the year 1899 until about the yeT
1850 at the raid city when il ceased in tue course Of
which the said chldr. were beg ttea aud born. Aud
that after it ceased ysur petitioner and the said Eliza
resided under the roof until about the FIRST day OF
May, 1854, since which time they have lived separate
and apart.
That from the birth of the said children respectively
your petitioner has contributed literally to their sup
fnft h.nr nd
since and that the said children have been since their
birth and are nov, without any support or means OF
support, except as derived from your petitioner
That the said children have passed by the name OF
you petitioner with the knowledge and consent Of the
said Eliza and that they have b. co adopted by your
petitioner and treated by him his children with
her knowledge and consent.
That they are now residing with the said Ehza al
No. 2O3 Fourth street aforesaid, where the said Ehza
according 10 the knowledge information and belief OF
yeT5 ss a" ,s b.. been
informed and believes, ivi0g at the said place ON
terms ofimprOper Intimacy with married man; thatshe
n 10 the habit Of receiving and boroy at her house.
unchasse females that her house is visited by abHn.
doDed persons both sexes for the purpose at times OF
sexual intercourse; and that her own example and the
associations Of her house are opposed to the webeing
and 0Ora welfare Of the said children.
That your petitioner is abundautly able, In pecu-
mary point Of view, 10 provide for and educate the
said children with reference TO virtue and future use
fulDees; that such has been il is now, his con-
slant aim and DESIRE bot that he is unwilling to sup
port them left to the control or in the possession OF
the said Eliza.
That John J. poane, ESQ.,, of the City Of New York,
L. willing 10 assume the guardianship of the said
children II appointed thereto by your Honor; that he
IL in every way qualified for such a Iust and that
your petitioner lie willing to provide for the said
children according to hs MEANS should their guardian
ship be committed to the said Dpane any other
Wherefore your petitioner prays that your Honor
will order and direct the said Eliza to bring before
yosr Honor the said Claude G. aud Ella Stany, in
their proper persons, IT time and place to be spsci
eo; that your Honor viii then and there inquire into
the truth Of the allegations herein contained and that
if found to be true your Honor will, by an order for
that purpose direct the guardianship Of the said chill
dren to be committed to the said John j. Doane or
such other person as your Honor may deem it, upon
such terms and subject TO such Limitations as your
Honor may conder discreet and proper and that your
Honor will make such further other order 10 the
premises a. the circumstances may seem to warrant
or equre. And that in the mean time and uotil the
decision Of your Honor herein your Honor will, by
proper Injunction, ORDER restrain and forbid the said
Eliza from concesling removing, or otherwise chang.
ing the custody control of the said Claude g. aud
Ella Stanly, doing any other act of any description
whatever rendering, tending to render Intellectual
be jurisdiction of your Honsr the persons of the
sao children either of them
And your petitioner will ever pray, &c
ROsERT D. HOLMES, Attorney for Petitioner
State Of kew York. City and County Of SeU Yo,h "-aM
h that be hs. The tossns PETITION RAD sHd
Ss re q. matters his
n and belief and that a. to he believes 70 DO
rue M. c. SrANLY.
sworn before ne December IS. 1854
ANpRsws II. ADAMS. Commissioner Of Deeds
Exhibit s tue order 10 show cause made reurnaole
Dec %, 1854; Exhibit C is the order appointing Dr.
Lynde C. Ferris general guardian OF the children, dat
ed February "a 1885; Exhibit ID is the order revok
ing such appointment February %, 1856.
Mrs. Fsirchild denied all these allegations and OPP
posed the application, but offered u consent to the
appointment Of guardian selected by the Court, Dat
the applicant objected.
Botb sides we're prepared with afidavits, but the
Judge thought best to order reference placing the
children in the interim in charge Of Henry Berthof,
the we'll known officer Of the Court for whose support
Mr.. Stauly should pay $50 month. Mr.. John +.
Crosby was appointed referee. The Court then made
the following
On reading the petition Of the alb named MIcn STAN
csun. 1 the ptnsr and WA W. Goodrich Of counsel
for he respondent. Eliza c. Farchill
20 ascertain whether the ssid Eliza C. Fsirchd fit and
proper person to have the custody control education aud
support Claude g. and Ella Stsny the infants named in the
said petition That he take such testimony BE- offered
ode IN relation to that qucson and report the same
this Court with his opinion thereon with all convenient
And further ordered that until the custody Of the said
sh,dIsn Glands g. and Ella ssny .h. es dehntveJ set
the City NewYork shall the guardian ed isfri~ Of
the ssd children with all the aud duties S asa:y S.
until the further order OF this Court the said children remain
in the custody and under the control Of their mother the said
And also that until the further order OF this Court the SAID
Msrcus stany aba to the said guardian the SUN SO
ma e .S" of sba ssid Children
And q ordered thai the said Marcus Stsuy
pay the costs Of the referer cs herein ordered -
Isasart %, 1857. (Sisned) HENRY T. DAVIES
SUPREME CoURT-ssrcrAL TKRx-JuLy 2S-Befors Judge
Tnr JOHN STREET OBSERVATION-DISCLOSURES IN