The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-09-30
The Case OF Little Ella Burns.
CLOSE OF THE TESTIMONY REsPEcrN0 HER TREAT.
NENr.

The Case or Little Ella Burns.
CLOSE OF THE TESTIMONY REsrEcrN0 HER TREAT
NENr.
sur W.-In ne mater Of the Habeas Corpus Of Ella
WAiHen alias Ella Burns-Deputy Superintendent Car
pentsr being sworn deposed;-Mr Cook was brought
INTO my oce by Sergeant Leerts he desired me TO give
permission 10 the sergeant serve the habeas corpus he
explained to me what was for told him had no OBJ
jectons whatever TO the sergeant serving IT, gave the
sergeant directions and then Mr. Cook proposed
pany him; TO this objected Mr. Cook then ntimated TO
me that no was desrous Of accompanying him for the
purpose Of taking the child by forcc reply, told him
that II that was his object should give permission to
Ienerts or any other officer informed him that in
violation Of The law, it being, in fact kidnapping, and
that would permit officer 10 assist in any such viola
tom Mr. Cook then took the writ and left
Cross examnedIa am certain that he said that he
desrous Of taking the child and inferred that he
to obtain by orce he said they wanted to get the child
and il he saw ii he would take II.
e-examined-Nothng said about using or Omittng
TO use the writ In any possible contingency.
Mrs. Burns recaled-I signed any contract with
Professor Brown respecting little Ella; informed
Mrs Ellet did so never said that knew point of
law by which could escape any contract might enter
into respecting the child; made engagement
with any Italian troupe; Mr.. Brown suggested
gagement with the Pccoimini troupe; Mrs. Elet sug-
gested seeing Barnnm in England, to whom she gave
me letter Of introduction; / never told Mrs. Elet
that the child II allowed to play with other children,
would be difficult to manage in her readings and rehearsas
neither did inform Mrs. Elet that punished the
told that lady that little Elias father wrote
complaining Of the violation Of the contract by which
held the child according 70 the best Of my recollection
told Mrs. that little Ella did not grow Bit or
that meant to keep her four years old long could
l told Mrs. Elet that the chid's father was q
drunkard or sot spoke with the child at all
the subject Of her father Of whom she had any
knowledge; never said anything in her hearing dis
paragng 70 her father never conveyed to what
Tho lint hnrf tknarv
s0t have slight recollection Of A. Prce and wife, Mrs.
DAVIS kept the house Of Beecker and Iaurens
streets; went there TO board the latter part of Febru
ary, 1858; did not remain there than two weeks
Mr. and Mrs. A. Prette had opportunity Of observing
my house; i avoided them carefully; never spoke
harshly TO the child in that house in any oher the
child TO the best of my recollection cried passion
ately In that house; told Mrs. Pree that had
been married fifteen years before the child was born and
that she had been with since the period OF her birth
during the time that remained in that house the child
in state Of perfect health; present yesterday
when Judge Edm0nds and Miss Edmonds gave their test
mony went to the school two or three times TO make
rangements respecting the education Of the child; in
tended that the child should remain there until she com
peted her education; don't remember the day which
the conversation with Judge Edmonds, in his library,
took place. know that it is Catholic seminary; not
Of the religion of the father l. myself Pro-
testant; went California after obtained the child
was there married; believe my husband alive think
he lives in some part Of California.
Mr.. Lenerts oorroborated Deputy Superintendent
Carpenter.
Mrs Sarah J. Savin deposed:-I reside at No 90 East
1Weitn street, know MIS-. Burns and Ella; they lived
with six weeks kept the house about October
1858; had opportunities to Mrs Burns treatment Of
the child Ella played with my child who is about five
years old met them some time before they my
house; attended their readings at Dodworths Hail.
called upon Mrs. Burns in Bond street; she gave several
readings whilst living in my house, she gave with Mr.
Brown, at Clinton Hail. and another at Boardmans piano
warerooms; present at Clinton Hall and Gray's Ella
had very little preparation for those readings; she
instructed her more than an hour in day say
exactly-he Instructions took place in her room her
mother would sit and sew and repeat the pieces and Ella
would repeat them after her; the child appeared to
enjoy it, think once when the children were play
ing in the payroom the mother said: "Come Ela''
and the child came, but force was used; the child
heard Ella complain Of pain. (To the Judge)I never OBJ
ssa n Or 5 n a~a
Burns once slightly correct herr the child, while rompng
chair slipped and the mother corrected her just as
gently as would my child while at house Ella
had her breakfast at seven dinner at hapast one and
at six seven the derneanor of Mrs. Burns TO Ella
was kind and tender the child was much attached to
her.
Crossexamincd-Ny child goes to bed at e1z p H.; she
h the same age as Ella, or nearly.
cited after the readings she would jump from her chair
and play, and was full Of merriment-
the Hamilton House, corroborated this testimony.
Mrs. Rachel Howard deposed-I live twenty miles from
CINCINNATI know Mr.. whtten; never saw him before
my sister got the child saw him year two after
at my house, he introduced himself to me, and wanted
to know about the welfare of Mrs. Burns and the child
tOQ MIN tney were well, ana IN new YORK, nOtnng
ther was said; next him at the United States Hotel
in Cincinnati; can't say how long After my sister, Mrs
Burns, and the child there; next met him in the
street, he inquired about the child told him where thew
were they were then in New York; he said he wanted
to know how they were; saw him several times in the
street. he always asked the thing; he never had
much conversation recolect him coming my house
in the country Mrs. Burns and Ella likewise there;
Whtten and two other TO the house. and asked
Mrs. Burns and Ella there; told them they came
for the purpose of taking the child they said they would
they could get her; told them they could not get her
without taking all Of he said they did not wish to
FUSS they said they would go to court; told them
did not wish to 60 court they persuaded to go
court quietly there nothing further they searched
the house, gentleman carried her off through the win
dow he was my cousin Mr.. Pollock; process was
shown told them TO show their authority, but they did
not do so; the of one Of them was
Narshal ! did not know the other; Marshall
he gave dancing exhibons know about whitten's GO
ing to the atona he said, after he back that he
could not get an engagement
Mr.. Wbitten deposed-I know R. B. Hayes of Cincin-
NATL he City Solicitor he practices at the barr he
lawyer Of high standing
member of the Cincinnati bar fourteen years. there is
city recorder in Cncinnat there trustees In Gin
cinnat in 1859; where there is city nrmary the office
of town trustee abolished and the directors Of the city
nrmay succeed them in their dutes subsequent to the
abolition of clerks Of the township, the clerk of city in
record hem there has been other known TO the law
The testimony has closed and the summing up will be
commenced this (Friday) morning
Fires In New York.
FIRE GRAND STREn-Shortly before three O'Clock
yesterday morning fire occurred in the hat store Of
u W, oon