The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1868-12-31
THE COURTS.
pEFoRE JrTDGE BURNHAM.

THE COURTS.
| BEFORE JUDGE BURNHAM.
4 Father and Mother at Odds-Hho
shall take the Children PA habeaS corpus
! case (not under the fourteenth amendment)
came up for hearing before Judge Burn
ham yesterday. The writ was obtained at
late hour on Tuesday night upon the pc
tition of John Ferguson, citizen Of Nor
folk, who complained that his three chill
dren were unlawfully detained by their
mother, Ida Ferguson, resident of Rich
| mond. The writ was served upon
Miss Ferguson by Sergeant Ander-
son, but she boldly declared that
she did not intend to obey it, and, as
good as her word, failed to make her ap-
pearance before the Judge at the appointed
hour. On motion Of Mr.. Guigon, the COM
claimants counsel, an attachment was then
granted returnable at P. M. EIr. Ander-
son then went with Sergeant Plea ants, Of
the police, to her house, on Second street
near the cemetery, and found her about
getting into her .carriage-the children re-
ferred to above being with her. Seeing the
officers, she at once became enraged, and
manifested her anger by abusive language,
daring them to lay the weight Of finger
upon her. Finally, however, she was per-
suaded to 60 to the courthouse without the
use of harsh means, and made her appear
ance before the Judge
Mr.. Ferguson, being sworn, said he bore
the relation of father to the children,
though he never married their mother, the
respondent. He had been living with her
about fifteen years up to last July. He
then left her and went to Norfolk, where
he is now doing business. After he left,
Ida took the children to his sisters (Alrs.
Henry Holland's), in Manchester, OF her
own accord, butwhen she found that he was
in town ION Monday she drove over there
and took them away.
Cross questioned by Miss Ida: " Did you
take care of them after you left them ?"
writ Because dia f not ar9 rt9ainE you fit per
SON to take care of them"
Question "Did I not live with you
seventeen years, and take care of them
then?"
Answer: eyes"
"Well, then, why am not fit to take
care of them new Z"
Mr. Ferguson replied that she was a wo-
man of bad reputation.
This she denied, and affirmed that the
children had been maltreated by their
| fathers sister.
Mr.. James Hewlett testified to the good
character of their aunt, Mrs. Holland, from
| whom they had been taken, and also to the
bad character of Ida.
MIR. Charles Hunt, the next witness, was
about to testify, when the respondent in
terrupted him, exclaiming that ne was
bought witness.
Judge Burnham "This conversation
cannot be allowed here"
| Mr.. Hunt then corroborated the state
| ment of Mr.. Hewlett, and alleged that Ida
| was addicted to drinking.
Question by the respondent: "Doesn't
your wife drink ?"
Answer: "No; if she did we would
separate. 1 do oil the drinking in my
family"
In response to the question of the Judge
as to whether she had anything to say, Ida
exclaimed, in tears, Gall have to say is
that he shan't have the children"
The Judge: ''That is for me to say,
| madam"
"Ida 81 do not care. love them, and
am willing to work for them and raise them
Alright. They are mine"
After the argument Of the complalnant's
counsel had been heard, the Judge was
| about to pronounce his decision, but the
| respondent stating that she could prove that
her children had been ill-treated by Mrs.
| Holland, q recess was taken in order that
she might procure the attendance of her
| witnesses.
At S o'clock P. NJ. the court rea5sembled,
and Mr.. A. r. Courtney, who had been en-
ployed by Miss Ida, appeared as counsel.
Mrs. Holland, the witness who was sent to
Manchester for, was brought into court and
sworn, She said the children had been
brought to her house by Ida, but had been
supported by her brother, MIR. Ferguson.
He had sent remittances of money every
week. l whipped the little girl once with
hair brush, but she ran off and said 1t did
not hurt her.
Cross-questioned by Mr.. Courtney 81
did not know of these children coming to
my house until they were brought to the
door. l intend to take care Of them as far
as am able, if my brother stops furnish
ing them money. / used the money he
| sent me to feed them. Did not buy any
clothes"
To the Judge /" 1 never i'll treated them
| but, on the contrary, it was remarked by
| the neighbors how much better they looked
than when received them"
To Mr.. Courtney 81 am well prepared
to take care of these children as we'll as my
own"
To the Judge: "My husband does not
object to these children being at my house" !"
Ida Ferguson sworn: 81 put these chill
dren at Mr.. Hollands at the suggestion OF
Mr.. Ferguson. I made no agreement with
Mrs. Holland. My brother went to see Mr.
Ferguson about the way he had treated me,
and he then proposed that the children be
carried to his sisters. did not give up
the control of the children either to Mr.
Ferguson or Mrs. Holland.
Mr.. Benjamin August, deputy sergeant,
sworn: 81 went over after Mrs. Holland
I found everything looking very comfort
able, clean, and neat, and think the chill
dren would nave very comfortable home
Cross-questioned: /" | do not know Nr
4 n.n.-l Navor hove poen him in NV lift