Cincinnati daily press. [volume] (Cincinnati [Ohio]) 1860-1862, 1860-04-21
VERDICT IN THE ELLA BuRss CAsE-THE

VERDICT IN THE ELLA BURSs CAsE-THE
DEFENDANT DEEMED GUILTY OF Gross
CRUELTY AND BREACH OF INDENTURE.-A-
day or two ago we stated that an action had
been brought before Justice Harris, of this
city, to dissolve the contract existing between
Officer Whitten and Martha Pollock alias
Martha Burns, in regard to the child Eva
Belle Written. The defendant is charged
with breach of the indenture by which she
held the child under her guardianship, and
also with gross cruelty toward her ward
The case came up for examination yesterday
afternoon, and resulted in q verdict for the
plaintiff.
A number of witnesses were examined
before the jury, which consisted of the fol-
lowing persons: j. S. Ross, Thomas Mclean,
j. Beall, A. Carnes, T. Mundy. Many Of
these persons were residents Of Polkttown, the
place in which the defendant was born and
reared, all of whom testified to her bad char
acter, which seems to have been notorious
not only there but elsewhere.
Two or three persons stated that they had
known her in Sacramento and San Francisco,
in which latter city she pursued the highly
moral and extremely dignifed occupation Of
keeping bagnio. They had been introduced
to her under a number of cognomens, and
like most women of the class to which she
is said to belong, changed her name with
every dCuudlutduCb sue Hldut.
One or two women in this city, whose es-
tablishments are notorious also testified that
she had resided with them at different peri
ods, and represented her chastity as being Of
the most elastic kind. Other witnesses, with
some of whom she had boarded in her native
village, and who had been acquainted with
her from childhood also testified TO her lack
of physical virtue, and corroborated all the
statements in regard 10 her character which
had before been made.
The indenture by which she obtained pos
session of the child was read to the jury, ant
| the facts elected in regard to the manner il
which the girl, Eva Belle Whitten, had beer
treated after she was given into the custody
of the defendant. The wholecase and all tn,
circumstances connected with it were care
fully examined and reviewed, after whicl
the jury retired and found the following
verdict: . .r. ... ..
we the jury in this case, do find that the said de
| fendaIit, Martha Pollock otherwise called Marthi
indenture and that the said Martha Pollock, other
wise called Martha Burns, Ii guilty OF gross cruelt
against her, and do ASSESS the damages of ths sa
| Eva Belle Whitten, at $3.50"
This is a singular case in many respects
and if the Judgment of the jury be sustained
effectually destroys the indenture. The tes
timony in regard to the character of Mrs
Burns and the assessing TO damages by tn
| Jury, do not seem to be at all relevant but tn
main object has been attained--to annul th
contract through which the child is held. A
the parent is the legal guardian of his owl
child, the verdict of the jury, in effect, give
Eva Belle Whitten into the custody Of he
father, but it is quite likely another hd6ed
corpus will have to be issued in New Yorl
where the girl is at present. before the en-
can be determined.