New-York daily tribune., 1859-09-29
sUPRLME CoURT-CHAsBEKs-sep.- 2s-BefoTe Justice
DAVIES.

Dean, DOnonue Tor MI LsWrelce
sUPRLME ECoURf-CHAsBEKs-sep. 2s.-B.foTe Jascs
DAWES
THE ELLA BURNS HABEAs CORPUS.
Mrs T.. r. Eet cross-e anine1-Her acquaint.
with Mrs. aud child commenced Dodworhs
Hall las' F.l II ., reading with M BfoEp ~" s.-
where the child Mrs Burns readings given boh
wne.s assisted in the read g. b1 Iseeyea noae .. m
Toe ptemnsrs pa Proeeedas. for 81.
TIE oeet Wa for ,hs foundation OF al t.die. A .s,., sf &
Ella, but for shortly after Mrs Burns. departure Tor
rsps .,tsnon % the ed. depsriarr; Mr., Burn. wand
witness TO write notice about The f.,her being alow fellow
nope that child would be well received at tat time
wne.; was - strongly a'ed sssa .s .se 'eft BELIEVED ID
him be drunken and who ought not have the care Of
expressed herself svoaby toward s Burns and the child
wDe's not acquainted with the Misses Wood though sue
s the 'ps ih & i I m ..n 10 ns m,. 10 RsT0. fs G ne
House subsequent to Mrs Burss return from EuroRe wit
nes. bad % 70 sDy one & :. 's s s .oD. s.
did net request Ms Burns 70 let her read with Little Es
had no quarrel with Mr., s.raog. there aur
readings at SeIstossi after the second r,adlns M,'.
witness had prsudiced them she remained at
after witness mad left she pretended that she wa.ed
Bum. that .hs Iwi,nl would .srd fo the father had
w w a.ha s .i Shn M % h.a to b-n ' & part $ %
hing believed had .cted wrong .owad Mr. wh ten in
from Ohio ard wio,e on to indse in Cinnn, s'seran
ented also ask the judges opinion as 70 the child wit
sewsrd received letter from judge Sorer dd not know
Sg s1T sS letter. 70 Mr. @h,rn :. the di.poon
with Whtten to the s.. s M H. cS
wanted take which he said ~ss not his
woS sde.ver % get the chd with
would force he Cooi .d he had no duet tha' he
pleasant pr cssdins. Mr. Cook wished introduce him
Mr., Bum. .he would have spoken
falling between them, A'hOugn it
After tue examination other witnesses Mr. Ashnesd closed
MIR LToqae Mn Burr. in opening the stated hat
he he s.e. Of ohC ih Snr away with the on
uSentis being local he child Itself mus. BE
sorry say this hsd been originated by other parties
as ass h. .ba sHff that II & s Sn hs S%.
Mr. Wise wa. called examinede sisted that Ms Burns
from the fehe,issi she was alxays home By O'Clock her
her seep hours in the afternoons she was very
ON the examination Mr. A'nmesd inquired as to tie
wipe.. lDO~ edsr Of the character Of Mr. whttsn
The Judge sss il a Burns mad saii any
Witne.. ,sfso th.. Mrs B1rn, told him that Mr. wh.sn
ives the Ase Of W1T be bad pat 0Ge eoy a se Ss1 5
be feet in the gutter .be tried ee TIE ct,d AID succeeded
RIpy M to bsGqVs m Wi ehs
Dr. Gardner testified that little lila showed superior mental
With other ehden sac seem. TO be in peree health .e
very chd At the ne without haSes any OF the
child exhibit the hles trace OF Pn5'ea OF mental
disease. -
having .cquAirted with Ma Buns and Ella for Syer.
mouths. tst observed the uniform kutne's win ~ch
sr. Buns treated Ella aud ire affection ;st existed o
them, Fla had frequently resi a. , rnei Ie.
denc. No q living place waeh Mr Ed~afd Everett aed
others witnessed perform she had snJ e1
nitiiors OF IDkdnes toward Ella, and her only etle'n
would be iu relation 70 the excessive .indnes' o' oe monei
wn~ss Mn. Ee, slightly mu Elet had always spoken
in Of Ess talents and expressed warn leraap
m herself and mother had never heard neI say ss.u
her With Ella bad heard since hef ie,lin
from The country Mrs Et had been sp'kns badly o Mira
Burns but when sIs Eet called On ~lt ,e gave ~ae,,
sthor, contradict raneuts 70 that effect saying na
Judge Edmond, ca led ~ness he tstihec
tie f.e; Mrs Buns cali % him few ~ees, since aud
sired 70 90 ha. could b. Tor he snd % pce her
where she would be beet cared or 'h- desired % l-afc
live in The city and support hf 70 I'VE ~
the c7urtry or u put her boadins school; learning tns
f Iuptry sir Ella bsd better Placed in boarding
school; hi daughter aod Iece sngE sed the Aciirns
eouc.t d they with Mrs Burn. sae mas
he sIraqsrmsnti the te,ms 20, o@ia a No % a. e,
pay whst he able toward the amount aud TIE iHA 0a
Mr Martha Burns called the sand. She stated
that the the iujesture ex.cued sac ~ res ent
J,., ag M ba5 bss,d Of ~. eSd thoasa psr.en who
t4ded I.h hrs witness thn called on w WAieI snd
assed bin be wished 70 get psce r the cn and ne sal ~
@ sS n,S ss srrspSmep, Tor her 10 bps the chd
certain day; wttnes. again "a" hen aad astea
hm be woah give hsI the cad and ne .,d ye' 'ne ~oad
call 'he bo hsd beE charge AMI AZ o
months charges h inquired o witness Were ar
resided intentions TO rrsiGeuce Wines pooei 70
child .he might Lot -se De- es ne
would Ike, be colG reclaim her said 10 h- asi
beer given that way before b-en brosa: back sat
throw upon bis hsn3s-st abe did gn he PsPer thai
should lave her; ~itnes sccOliuy signed ne
paper the clid; witness then ssnse w0rnAn
The chic found comfortably cared
paid the charge. for keeping The chd when she k
took child Fourth and and sptrIr
b- following Ne~YorS ana sailed in The iof
California whie witness remained Ia Ga irust, NJ Nhliten
The chli The d.lRhier .
made sware of residence IL CsoTl. having .oi
he after made while IL CahocIa Nhi;
wish inquire about Ea while t--e wi-4-ss q
narr.G Cincinnati in pri 1871 N Cin
cuati before s5e Wk,t,p 5rd sae believes
hat .he called upon him Li,t; be did sni1s h-f ADJ ~
n.c 70 herself. sh- him hst h-ai tHs ne
wanted the ckothAtif ~ did, snd wOua eer so tn
prop.tion b~ef TIA; had the or II n-
ha: le ior any c5 be .sd tnai witness
iuJun-1thAt ne saalr1 % u; h-f
Vas ElS hsd then crested s-nss.iln
,uo tad read the h-.cr.. Wh.--l made 10 Co
i,rt;op; OF complaint bal been OF. q ne
cutie p-zs-d be- having given tue -xsoton
Wh,,.r sx witness nesy every day r several seeks. uIin
,b- . fer d1Ds .hs tire ne fJrosde hrf
exhibiting Ella saort Lb..lcs VI TWO three wees VI
r,ouh OF weeks time; ;hinSs she Watten to'.
visits. 20 Ella APPEARING ~ ta-Ae
bu on cou;rxy. the fou, Inree. q .t a. el
,..r,sI. said there al
..ou .boc, The middle July last, when wiines ~" Or
sisters ire county Cincinnati Wh-n Az ~
men AID ssic th-j wanted the chi z1 woa n
leave until they h-r Whisen bad gysa ~itns ~
20 ,nos 4 sly process having b-el sas ,aesc so
in hons hat