The penny press. [volume] (Cincinnati [Ohio]) 1859-1860, 1859-09-23
"Little kuaS'

I Our City Solicitor has been ddressed to fur
nish evidence Of character of M ., BURNS, from
whom LITTLE ELLA is sought to bo reclaimed
by the father. Testimony will be forwarded
Further news Of the Investigate on, in Judge
DAvRs's Court, in New York, S as follows.
After reading the indenture, co, uy of which
we gave yesterday, the counsel for Mr.. WHIT
TEN prepared return, of which tn , following
is the substance.qs ,. .e.
That the relator never gave his ooi ,sent that
the child be taken out Of the State Of Ohio;
that he did not know that she was to be taken
away from that State; and that he world not
have consented to- the proposition had IL been
made to him. the traverse then deniel that
Mrs. Burns had performed all the stipul ations
OF the indenture ol, her part, and that slae had
devoted herself to the education and culture of
the CHILD. r ". '.. @
Tide traverse then set up that in vim dication
OF the indenture and without the corss Mt ofthe
.elator, the respondent had removed the child
I from the State of Ohio to Califor aia, to Eu-
rope, and to the State Of New York and other
States Of the Union, nd exhibited, her in pub
lic for pecuniary gain that she had offered the
services Of the said child to the managers of
theatres, &C., at different times and places, and
that for pecuniary gain that luch career for
! tho child was not contemplated in the inden-
ture, and that it would ipiure thechild by sub
jeoting it, when so doing, to severe training,
late hours, excitement, &c. ''
" The traverse set up that the indenture
under which the defendant claim ed the child,
was repugnant to the revised statutes of tn .
Stat, of Ohio; that under the provisions Of
said statute, such instrument must be re-
corded with the Township Clerk, wher the
parties reside, and that if it is not 40 re-
corded, it is void. 1t was depied THAT this
indenture was ever recorded.
The ira verse then denied that the reator
had attem pted to take possess cn of the child
in any othe way than by duo process of law.
It also stat cd that writ f habeas corpu.
was issued by the Probate Ju ige of Hamilton
County, in July, 1869, and directed to the
respondent, co. nmanding her to produce the
body of the Chi ID, and averr ID that she then
evaded the servi,'e of the wri t, and took the
child beyond the Jurisdiction of the courts Of
that State. That mother W. cit was issued on
the lst of SeptemL YER, of the same year, by
Judge Ingraham, OF this cit, :, and averred
that the respondent then eva ded the service
of that writ. ,e..
hhTOCqu6 tuou u tdb tu6 LrHVerSe
Of the return had put the ma tier into an en-
tirely new form, and wholly dif erent from that
which counsel had before intinl ated. He could
see no way Of disposing of th Q case now but
TO take the testimony as 10 the issues of fact
between the parties, however d sagreeabls and
unexpected it might be. jD.t
The court suggested that % referee DO ap-
pointed to take testimony, but Mr.. Ashmead
objected, saying that under th Q usual prac-
tice in such cases tho proper way to proceed
was to take aftdavits on ell b er side, which
should be submitted to the ,ourt. Mr.. La
rocque would not consent th 1t the testimony
should be taken in the shap of erparte aili-
davits, as in that case they kI new about what
aflidavits they would have to meet and con-
tend with. ..1.. .
After some further discussion! the Court ad-
journed the case over to Tues ay, the 9th,
las Judge Davies is to be absel Vt this week, J
at which time the case will proc eed in open
Court, and the testimony tskeI before tae
Judge. Mr.. Ashmead then aske that in the
interim the relator be allowed q ccsss to the
child. Mr.. Larocque objected, hat as the
child was sick, such visits would Il nd to excite
and ipjure it, especially as she mi ght conceive
the fact that the party was en- deavoring to
obtain possession of her. The court then
ordered that the child remain in tn custody or
under the charge of officer Bert holf and it's
mother, and that the father be al lowed to see
her at the discretion Of that officer.