The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-09-29

Breaks her Neck In COurt-1nterestAn8
Testimony Respecting the Chsrsoter and
Learning OF the Prodigy-Aaer Treat
nnent, &c.
sxr. 2s.-In the Natter Of the Application Of Francis
WhiHeM tor the custody Of his chid-This case
tsnued The testimony given yesterday afternoon was
that of Elizabeth r. Elets affidavit which stated that
Mrs Burns told her Of ELIAS reading at her benefit at the
Academy of Music; she said that Professor Brown had
given the child fifty lessons in elocuon that she
Mad signed contract to let Ella give readings with him
Tor two years. but that she should break contract as
was not TO her advantage; Mrs Burns said she knew
point OF law unknown to him and others generally which
would enable her to escape if she chose, from any
tract she might sign about the child Mrs Burns said
she meant speculate the child and had right TO do
sO at various times she had remarked, Ella does not
grow bit, and mean to keep her down long pos
The father Of the child testified to the facts already pub
ished in his answer TO the return to the writ Of habeas
corpus.
This morning there great array Of ladies' in court
among whom were the daughter and niece of ex-Judge
Nmonds. 'E
Little Ella, looking as prccocious a child of twelve
years. though only six present. and amused herself
occasionally by making hierogyphcs a card with
gold pencil At time she precpited herself from the
knee Of her lady friend fell down STEP and was well
nigh terminating the suit by imperillng her neck but
Ike used to dangers, she picked herself up and
sumed her seat again.
Previous TO the commencement of the proceedings in
the court room Mrs Medora Thayer examined in the
Judges private ROOM and deposed:-
am acquainted with Mrs Martha Burns and the child
Ella; have known them since about last Christmas;
met her first at Mr. Marshall 0. Roberts, where she was
reading saw her from that day almost every day for
three months; saw her sometimes twice, sometimes
three times day, and sometimes four six times
week. they residing ut that time Mrs. Woods in
Fifteenth street, right out of Fourth avenues the child
constantly at my house, she sometimes stayed all
night, like one Of my own children; have dropped in
any hour from ten In the morning till ten at night just
was passing to and fro in general terms might say
never found her Mrs Burns) in any other attitude than
once was an old one w never knew new Mes
Burns was not the mother, SO impressed l
with her devotion to the child do not think she learned
q piece during the three months; wished to teach
her pieces several times, very fond Of
myself, but SO happened that could not; not
aware that during three months she learned any new
pieces know something in regard to the facility with
which she rected pieces heard her recitc parts Of
pieces, but not the whole correctly day two after
dinner regularly at one and Immediately afterwards put
her to sleeps there usually at that hour Zone
has custom was to sleep from two until about flve
Ella out Of health one moment, and never
her out Of full spirits (To the Judge;) have chill
dren about the age; she is the best behaved child
without any exception she is the fondest child
Of play saw and the minute she is done her reci
taton She the floor like any other child she is as de-
these Rotations would take place in the paror nursery
or wherever would ask her; sometimes would coax
her, and sometimes would ask her. heard her rectng
at other places dozen other places more; got her
read at as many Of my friends could; the places
friends; know of only public exhibition of her after
knew her. that her benefit at the Academy of MI
sic; do not think she excited then lat the benefit
to be excited she did to be aware of her
talent of what she had done do not think possible
to excite her; know that she would go to sleep mme-
iatey after reading in the of many people be-
tween the acts, while she was recing she would say
"Iet us play this good audience bad audience;
] do not think her recations made any impression
her whatever; think she has learned any new
piece she did not rece any there's the hours
went seven read at eight never knew her to sy later
than halfpas nine have seen Mrs. Burns every day
since Tuesday, Sept 2o went to Tennessee 18th of last
March, and have just returned she brought the child
the evening; the child looks the when then
saw her; she has grown considerably since the time
her last March; do think ever saw her look better
than when saw her Tuesday; consider her present
state of health perfect she is perfect child in every
spcct none more SOL will send to the Judge list Of the
names Of the houses where have met Mrs. Burns.
The proceedings were then adjourned to the regular
court room, when the following testimony gven:-
Mrs. Ellet was examined by Mr.. Iaroque-I first
saw Mrs. Burns at Dodworth's Hall sometime last fall;
made her acquaintance there was on the occasion Of
soon after that her; there were several public
meetings given at the time, and think saw her at them
again. but not postive was two days at Saratoga
in the beginning of July last at Mrs Masons house,
day spent at Union Hail. Mrs. Burns and the child Ella
at Mrs Mason's whilst there went there in
company with them there reading two days; four in
ALL IL was for charitable purpose-o found ladies' Art
Society; received portion whatever of the funds for
my individual benefit; Prof Bennett engaged to aid
in getting up the readings and paid for his rouble
think read for Mrs. Burns at private house in
Irving place; ! think Mrs. Burns left with the
an announcement of her departure, wishing her
success; Mrs. Burns requested me to publish art
Gle against the father degraded sot; l was
that time greatly preudced against the father, from
the representations made TO me by Mrs Burns, whom
believed; consulted with Mrs. Hegeman upon the pro-
prety Of publishing article severely rejecting against
Mr. Written; if expressed anything about Mrs Burns
at that time il must have been very favorable; think
should know Miss Wood by sight, Mrs Burns and the
child were boarding in the house when they left for
Europe accompanied them in carriage when they left
go board the steamer; hardly think could have
had a conversation with Miss Wood do not recollect
any; have recollection of telling her Mrs. was
very careful of the child fearful of overtask
ing her. called at the Hamilton House of Twenty
eighth street and Broadway once, perhaps twice. after
the return from Europe; remember calling afterwards
once, to sec if could engage board for frend may
have had conversation with Mrs. Wood at that
house; it is possible may have spoken in warm
and enthusiastic terms of Mrs. Burns and the child
but do not recollec doing SO; am very slightly ac
quainted with Mrs. DeGrove; she resides at the Untary
Home; presume saw her several times prior to their
visit to Saratoga presume saw her several times and
If spoke at all of Mrs. Burns must have spoken very
kindly; did not request Mrs Burns to give readings in
company with after the readings in Saratoga the
Of those readings was not such as to make de-
sirabe continue them; there four readings alto
gether at Saratoga had no quarrel at Saratoga it
understood that two readings to be given and then
neither party need give more she said my introduce
ton would be of benefit TO her. after the reading
she said the ladies Union Hall sighted her. she seemed
TO think had preudiced them against her wrote her
note not to feel bound to remain she has avowed in
my presence that the pretense of leaving a
get an introduction to my lady friends never conceived
If Mrs. Burns did not continue her readings Mrs.
Ellet would write to the faher'' did not wish to
tinue the readings; absent from New York
about fortnight returned about the end Of July;
wrote letter some time after that in reply to her;
receved letter from Of the Judges Of the Superior
Court and Judge Storer, and then wrote answer;
when found had been deceived in some things, began
to believe had done cruel wrong to Mr.. Written in
speaking unkndly of him and publishing certain art-
Ces against him. consulted some friends who reside in
Ohio, with whomI staying in Palmyra in the State Of
New York. wrote to Judge Hoagand making inquiries
about Mr. Whtens character and asking he though the
child in proper training, knowing the circumstances
rs he did, then received Judge Hoaglands repy did
nothing them received letter from Judge Storer did
not know that the Judge knew anything about Mr..
Whitten thought the Judge could find OUT asked him
to make inquiries about Mrs. Written; had not directly
written Mr. Written before he came to me- he
tremely anxious to know where the child was; sent
him slips of newspapers; would not have taken the
responsibility Of advising him to come TO New York;
named several persons to Judge Storer COUNSEL
had business dealings with Mr. Cook was chart
table fund placed in his hands, which he faithfully attend
ed to- when Mr. Written came to New York he came TO
me; he all day finding me- did not advise power