Evening star. [volume] (Washington, D.C.) 1854-1972, 1868-08-12
EVENING STAR.
LOCAL n e VS..
The Child stealiae Cas-. Al.

The CAild Stealing Case Again.
nABHAs coKPUs-HRARINe BEFORE JupeR
FrsHER. =
On Friday, July 3ist, we reported a, length
the proceedings in court on that day N, the ease
OF the writ Of AabeGs eorpus issued by Jutge
shher 70 sisen MeCall, alias worthingtou,
me- CiArA FRANKLIN, for the reproduction of
ue eniio herminia Aiken, winch child, il was
aleeeo oy Mr.. h. A. Aiken, had been recentlv
aooueied nom him and his wife by the above
named persons, who have had the care OF a.
III nIee years past. Ellen MCCALL il will be
III , was said 70 Be the mother OF the
soh me ground mat she was an improper per.
soh 10 nave the custody of the child Judge
tener, At the above date, issued an order
,e r, Ellen mccall 10 produce the child
Al IL o'clock to-day this ca e again came mn
before Judge Fisher, when Ellen Mccall ap-
pesred in court with the child IN question and
was attended by her counsel, E E. Price, ESQ,
and Gen. Terry. Immediately after the open
ing OF the court, Gen. Terry asked leave 10 file
an amended return, TO which Me srs. Brent
and Norris, the counsel tor the petitioner, did
not object.
The Return sets forth that Ellen Mccall in
1901 began TO hive with man n AIMED Garesehe
IN The expectation Of marriage; that m Iss;1
when the marriage was aboul to take Mace
Garesche died; IN 1863 the child in ouestion
and of which Garesche was the father, was
oord, the name of the SAID child IS Cora Anna
Garesche; IN 1865 she ELLEN McCalD wenr N
hive In house Of ill-fame, kept by woman
named Somerville, in this city; that Aiken fire.
qushL.y eame mere and requested to have the
care OF me child; he frequently took the child
away and brought il back again. She frespon-
drntl frequently sent money and clothipg tn
me child while in Mrs, Aiken's charge; Aiken
frequently borrowed money from her and has
never paid IL back; that she has reformed and
never intends to again enter a house of in
lame; tnat -lken frequents houses of iIl-fame
and Is not Mt 10 have charge of the child. ana
fin rth
dy of the child
General Terry then read several letters from
MI Aiken TO Ellen Mccall. in relation to the
child's heLlth, making affectiopate inoniris.
shout the child, stating frequently that Mrs.
Aiken wished to see the child, &c
M; Brent, after stating that the ground on
wnich tnis action is based is familiar TO the
courts OF equity, said that the parent is NOT the
proper custodian of the child. and quoted from
authorities to define the jurisdiction of the
court IN this case He would not interfere with
the right OF parent to the care of a child INIT
IN TINS case he would show that M TO the time
OF ming Tins petition, this woman Ella McCaID
iea ulssoiute me, winch would result to the
injury of the child. He stated that the power
OF disposition is vested in the Orphans t,ourt
and argued that unless the court was sat,sfed
ina, me woman really intended TO reform. the
court should pass an order for the custody of
me enid, until the matter should come up
before the Orphans Court He then fled
Al, motion to suppress the amended re-
tnrn OF the respondent as irrelevant
ana moecent The return attacks the
moral character OF Aiken, but fails IN
alIege anything against the character OF Mrs
ton. ~
Gen. Terry said that his Honor was not bers
ss superior 10 refer cases TO the Orphans,
Cour'- out as common law Judge TO try a
common law writ, without any equity power
ai All. This Is simply an action to relieve an
aiieeed restraint All cases show that the
mother OF an illegitimate child is its proper
custodian. IL is relevant TO show that Aiken
- an mint person 20 take charge of the child
MI. Norrls said that this was not n ch,neerv
case, ont there Is authority TO show thar when
an infant Is brought before a court of law the
Judge should take charge of its Interests in
every respect. The question here is not whether
MIS- Aiken, but whether Ellen Mccall ts III
person 10 have the custody of the child
The Court said thar if the child shonId ha
taken away, II ought 10 be renanded TO the cus
tody from whence IL came.
III u was NOT shown beyond doub, thar tho
respondent had abandoned her dissolute life
sne OF course would not be the proper custo'
dian of the child.
Gen Terry said that the witnesses To nrova
the reform OF the respondent had not been snrn-
moned, and urged a continuance Of the case
ana inst In the meanwhile the child be Ieft IN
charge of its mother "
NJ Brent argued against 4 continuance and
me Judge then ordered that the petitioners
witnesses be produced.
Inc examination Of witnesses was in progress
"hen our report closed.