Evening star. [volume] (Washington, D.C.) 1854-1972, 1868-09-19
The Contested Child Case.

petition in the Orphans Court Tor the GUARDIAN
ship Of the child Cora Anna Garish, otherwise
Aiken, (the little girl who, il will be recol-
l. cted, was before Judge Fisher several weeks
aso on writ Of Aaeea; eS5p.s and was Piaeed
Court ordered testimony to be taken Accord.
IDgly, the Deputy Register Of Wills Mr. Ed
waIds) eommsnIed .af p tn s, .s11 ~
mother OF the child (who is now at the House
of the Good Shepherd, IN Baltimore,) and Rev.
J. A. Walter, and Mr.. Aiken in his own be-
halt, Mr.. Brent, his counsel, being other wise
Mr.. Aiken was sworn and testified that he is
resident Of the city and District. In 1866, he
became acquainted with Ellen Mccall, who
says that she Is the mother of the child concern
ing whom there is this controversy. The child
was then about eighteen months old. BY per.
mission OF Ellen Mccall lat that time, Feb
ruary, 1865, or within a short time after wards)
he carried the child home; kept her during the
day and returned her. A short time after took
with the child and made proposition to legal.
ly adopt her, to provide for her sustenance
and support and educate her. The second time
she was carried back to her mother-it being
colo oay-some five or seven yards Of the
finest white flannel WAS wrapped about the
child and present ted to her to be made into use
fui articles OF clothing. The child for two or
tnrSe weeks was frequently carried from the
house of Ellen Mccall to witness and returned,
until by her permission he Kept her altogeth-
er, with the single exception Of occasionally
y
until about Christmas, &c, at which time Ellen
Mccall was living on 18th street, No. 3S5. One
day, about that time, in witness absence, Ellen
Mccall came to his house, where he was
then living, (Tay lors, corner of Sd and G sts.,)
in a carriage accompanied by woman named
Shaw, and took the child away, and placed il
IN the care OF colored woman living ON 1th
ST., between y and p. where the cirid aimed
four or perhaps five weeks. As soon as he as.
oertained where the child was, he constantly
visited her, carrying such things IN the way of
al ut ho fhnn fSho ht oaaa
Previous to finding her, nearly all the child's
clothes had been sent to Ellen McCilfs. He
was anxious to again get possession of the
child, having become deeply attae he'd to it, and
took great pains 70 find ont where she (the
childl was; finally, after visit to Ellen Nc.
GALL at her house on 18th street, she consented
tnaf ne should again have the child. After
this she came to witness office, in the Intelli-
gencer Building, and there, in q more formal
and distinct manner, gave him the child, pro.
missing, on her word Of honor, that she
would never again take il away: witness
urged her at that time and repeatedly
afterwards to come with HIM to the court and
have 1. legally adopted; to this she objected
but always assured him that she would never
repent or give cause for the trouble that he had
had when the child was taken away first, and
always said that in case she should die there
was no one to claim the child except witness
When he took the child the second time he
promised Ellen Mccall that he would occa.
sionally take the child to see her, and from that
time up TO the 26th of July, 1865, he did so take
the child TO see her on an average of one IN
three wee ks, with the exception of the time in
tervellng between the last and next to the last
taking Of the child to July 10Th, 1853, Ellen NC
Call never by word or look, or any manner in
the slightest degree, conveyed TO hIm or any
one else so far as his knowledge goes,
that she either had the reason or dis
position to find any fault with his care
attention. support and general interest in the
CHILD; On the contrary, she very frequently,
and IN the warmest terms of appreciation, ex-
pressed to witness her thaaks and her gratitude
for the kindness and affection constantly dis
charged In his care Of the child. During all
this time, witness bore all of the expen ses incl.
dent to rearing the chId-such as board, nearly
all her clothing, washing, PHYSICIANS bills
&c, emitting hardly day during all this time
TO purchase for the child some luxury or COM
fort-amounting in the aggregate to fully
twelve but more probably fourteen hundred
and nifty dollars. during all this time the said
MCCALL sent 10 the child as a present $50 flor
its usel in a note addressed to Mrs Aiken
Mr.. Aiken asked 10 withdraw these words.
and Mr. Perry oblectedl-if my information is
correct. In subsequent conversa tion with her
in relation to the present of the $50 To the child
she eCall) stated that it was for the use OF
the child. On two occasions witness had Dor.
rowed money from her-at one time IS and
another Sl0-this SS5 Is the totsI amount OF
money ever passed into his possession from
ner. She has also from time TO time made the
cniid presents, including new dresses and
material Tor new ones also some second. hand
articles, to be worked up for the child Wit.
ness has been to the pen o. all OF the chid's
clothing, such as shoes, stockings, under cloth
ing, tdcy and night all her hats, with one ex.
ceptlon, and number Of dresses, gloves &c
Mccall has also given her during the time
ready made and material for some nve or six
dresses. The child has been most abundautly
supplied with everything for her personal
comfort and her physical welfare. In latter
part of February or first of March last
Tor special reasons personal to Ellen Mccall,
and 10 what was considered by Ellen McCiIi
and witness for the best interests of the child.
II was agreed between them that he should not
Jake the child again to see her SO long as she
was living as she then did. 1t was further
agre ed, however, that arrangements should ne
made by which she might occasionally see her
u she desired to outside Of the house in which
sne was then living Very soon after this the
child was IA Zen sick with the whoopiug cough,
which lasted her up 70 June. DIR. Verdi at
tended her mp to June. Witness OCCASIONALLY
called during The time on Miss Mccall TO tell
her low Cera was, and how she was getting
along About the twentieth of June 1861
witness went to New York city, a day
going, or an intention would have been
1ulhlled TO let Cora see Miss Mccall be.
fore going. On his return from New York
about July 10th, he waited until the following
Wednesday and addressed Miss Mccall a nots
stating that If it was fair he would be at the
Capitol grounds with the child where she could
note in reply, stating in substance that circum.
stances were such that she could not 20 OUTPUT
begged him to take the child to see her that
evening or any evening during the week ON
see Miss MCCALL and while there was surrep-
titously taken from his sight and was not seen
by MIN after that until produced in Court,
compelled BY writ Of hobeas Corpus. This is the
principal portion of his testimony, reseryinr
10 himself the right hereafter TO make any adj
ditlons or alterations proper to be made
Mr.. Perry objected 10 the whole Of the above
testimony, on the ground that the greater part
OF II was made from written statement, not a
memorandum Of dates. He objected also TO
those parts Of the aforesaid testimony in which
the contents OF written Instruments are given
In evidence, said instruments not being pro
duced or satisfactorily accounted tor. Also 10
any reservation on the part of the witness OF /,
right TO continue this testimony or 10 testify
anew IN this case.
Mr.. Aiken asked TO add that no portion of the
above teStim ony, either in dates or words is
contained In any written memorandum he has
with him.
CrOes.examIned by MIR. Perry-Witness ex-
amined a number of letters same as Were pro-
duced before judge Ffsher) and ackuowied ged
them 10 be his: also, one be thought was mis-
wife's. FIRST became acquainted with Mccall
the latter part of February OF first of March '65:
SAW her first at Mrs. Someryille,s, II street: II
was very quiet, orderly, well-conducted
house, for house Of ill-fame, as he believed il
was. Witness, without any disposition to
eyade the question, refused 70 ans wer whether
ne had carnai connection with Ella Mccall.
First learned OF the child at Mrs. SomeryilIe's,
on his first visit from MCCALL, asked her for IL
70 legally adopt II; she never consented to his
legally adopting II only so far as, in the pres.
ence OF witnesses, giving the child to him VOL
UNFAIRLY, with the solemn promise never to
Al