The New York herald., 1872-09-22
MRS. DUGAN'S CHILD.
Commencement Of the Examination Before the
Referee-Mrs. Dugan Submitted to Long
and Searching Examination-A Woman
with Will of Her Own and
Who Speaks Out Her Mind.


The case of the dispute between Mrs. Dugan and
Mrs. Rttner for the custody OF girl fifteen years
old, OF whom the former claims to be the mother,
came up to-day for examination before Mr.. John l..
Fitzgerald, appointed by Judge Leonard, of the Su-
preme Court, as referee. The particulars of the
case have already been fully published, and
it is unnecessary to recapitulate them. In
usual interest attaches to the controversy,
not only from the peculiar features attaching to
the itself, but from the fact of the husband of
Mrs. Dugan being prominent East side politician,
and because OF the dual assault committed by him
and his wife upon Mr.. and Mrs. Rittner the other
day after the parties left the court Colonel c.
S. Spencer appeared for Mrs. Rittner and ex-Judge
Beach for Mrs. Dugan. There was large crowd in
attendance The only witness examined was Mrs.
Dugan. She is still good looking woman, but, as
the progress of the examination developed evi.
IDENTITY possesses temper of her own.
MRS. DUGAN's TESTIMONY.
@. Where do you resideP A. reside at 70 Crosby
street. am married to David Dugan. We were
married June s, 1869. My maiden name was Emily
Julia Kempt.
Q. DO you know the child Lzzie9 A. Yes, sir;
she my child. She was born June 8, 1857, at the
Bellevue Hospital.
Q. Please state in whose family or custody the
child has remained from its birth to the present
timer A. 1t remained with me seven months; then
gave her in charge OF Mrs. Eliza Garvey, who is
now In court. She remained with her and Mrs.
Garvey's sister until June II, 1859. AS near as
can find out from Mrs. Garvey, she kept the
child three years. and then she placed IL In the
OF her sister, who was then Mrs. Dugan, the for
her until the order Of Judge McCunn directing The
child>to be given into my charge.
Mr. Spencer objected to the ordering of Judge
~ I'm nn hn nd hot fhA Gnn anlnN NAnrf
under the Revised Statutes, has exclusive juris-
dcton as to the custody OF children under wrIts of
habeas corpus. He further objected on the ground
that the order obtained by colluson and fraud.
q. Under this order did you obtain possession of
the the chiId A. did ana ret retained possession Of
and myself provided her with board and clothing
and sent her to school.
@. How came she to leave you A. She ran
away; she took to stealing, and told her would
put her on the Island where they put all thieves;
this was on Saturday night; sunday morning,
when arose, she was gOne she went to this wO-
man, Rttner, and the latter put her in the cars
and sent her to her sister in Williamsburg, Mrs.
Chamberlain; she remained, as have been told,
went for her and brought her home; that night she
slept at our house, but in the morning ran away to
Mrs. Rittner's again; my husband brought her
back second time, and she remained q day and q
night; at four O'Clock that day l gave her dollar
and sent her to Buttrick's to buy a pattern sne
neither returned with the pattern nor money; the
next time saw her was In the station house at
Thrty-ffth street and Ninth avenue; my husband
says he saw her at boat race at Pleasant Valley;
my husband had the child and Mrs Rlttner ar.
rested.
Q. What took place thenY A. They were taken
before Judge Cox; wanted the child to come home
with me, but she refused and preferred to go to the
House OF Refuge and committed Mrs. Rittner in
5000; ala not see see the child again until she was
never gave Mrs. Rittner permission to see her.
CROSS EXAMINATION.
@ How old Is Lizzie9 A. She was fifteen years
old on the 9Th OF last June.
O. What is Your ageY A. My age is In the neigh
borhood OF thirty-one or two; was born In New
York city; my fathers name Is Charles Kempt.
O. Have you ever been married more than once9
A. don't see what that has to do with this.
r., Q: IT Is important, and you must answer It, A.
q. wantyou to answer my question. A. Well,
have been married twice; was first married in
1861.
Q. Then this child is ilegitimate9 A. She is.
q. What was your first husbands nameS A.
was married to a Mr.. Anes; his name was Henry;
minister, whose name don't recoect; have not
the certificate; did not reside in Rochester,; |
was then living In this city; saw Mr.. Ames last in
Newbern, N. O., between i've and six years ago.
he was killed in the Shenandoah Valley; I don't see
what this has to do with this child he knew moth.
ng about this child did not see him dead; I saw
him wounded at Newbern, after coming In from
scout
O. To your personal knowledge does not this little
girl claim that you are not her mother ? A. She
did not until she was brought here, sir.
q. Did you know where this little girl was for
years after you parted with her custody, when she
was seven months old A. l did not; supposed
she was dead.
Q. Who told you she was dead A. had not
seen or heard Of her Mrs. Garyey and took it for
granted she was dead; Mrs. Garvey is the sister OF
Mrs. Rlttner; never saw Mrs. Rittners mother In
my life.
q. Where WIRE you when you parted with your
child A. lNsas wet nursing
q. With~whomr A. family by the name OF
Rally, a Turkish family.
q. Can you tell me the street, or between what
avenues that family livedY A. ! cannot; was in
their house at the time parted with the child. |
was not acquainted with Mrs. Garvey; l said
nothing to Mrs. Garvey when gave the child to
her, gave her the child
Q. AT the time you handed your child to this
stranger and nothing was sald was there any mark
upon the infant by which you could recognize 1t II
you ever saw 1t again a. No, sir
q. Assuming that this IL your child what was Its
age alter you first saw 1t after parting with IL when
eleven years.
q. Judge Beach asked you as to your marriage to
Mr.. Dugan, and In replying to 1t you looked at
paper Was that paper your marriage certificate
A. IL was
Q. viii you produce the paperS A. Yes sir,
there IL is look at 1t and keep II If you want to.
q. see by looking at the certificate that you
were married 10 Mr.. Dugan by the name OF Kempt.
A. SO l was.
q. Were you ever divorced from Mr.. Ames A.
How could have been; he died.
q. Then why did you not give the name Emily ].
Ames when you were married TO Mr.. DuganY A.
that's all; remained III the Turkish family ten
months; after that went out sewing by the day;
answered an advertisement and became q seam
stress a lady the New York Hotel. she waa