The New York herald., 1873-02-16
BRoOKLYN COURTS.
SUPREME C0URT-SPeCIAl TERM.
The story OF an OctOrOon-A Struggle
for Frederick GriHing's Protcgc.

The Story OF an Octoroon-A Struggle
for Frederick GriHng's Protcgc.
Before Judge Pratt.
The case OF the octoroon, Eva Griffing alias Katy
King, which was reported a few days since, came
up again yesterday morning. This is an applica-
ton made by Rev. Jacob Thomas, n colored clergy
man OF New York. to obtain the custody OF the girl
from Mr.. Frederick Gri0ng, wealthy resident OF
Brooklyn, who adopted her in IS65. 1t seems &C.
cording to Mr. Griffing's statement, that while In
the South during that year he made an agreement
at Marion, Ala, with Lucy King the mother OF the
GIRL to take care OF and educate the girl for eleven
years from that time, and after that she
should remain where she desired He
that effect, which was also signed by
stephen King, the reputed husband Of Lucy, with
the full consent and at the request OF the latter.
In part consideration therefor defendant gave
the mother money and clothes, and had a con-
siderable wardrobe made Tor the child before leav-
ing Marion. Mr. Grifiing brought the girl here,
named her Eva Grif1ng and Is now educating her.
A lew days since Jacob Thomas, the petitioner
here obtained writ OF habeas corpus from Judge
Pratt In order TO obtain the custody OF the girl,
and the was adjourned until yesterday. lie
claims to be proceeding by virtue OF a power of
present in Court yesterday. Eva, who is a really
handsome brunette, about fourteen years OF age,
was also present, in company with Mr. and Mrs.
Gring and other friends.
Mr.. Shorter counsel for the defendant, made n
return to the writ. in which It is denied that Eva
is imprisoned or retained by the defendant but on
the contrary Is in his care and custody Of her own
free will The return further sets forth THE
said Lucy King Is woman Of bad morals and II
she Is as she alleges, the mother OF SAID Eva she
was not so in lawful wedock; that said Lucy King
Is negro woman and tnat the reputed father OF
SOUTHERN PLANTER
a white man, now deceased, as defendant believes
aud that said Lucy King and her said husband are
people Of great poverty and ignorance, and are
unfit TO be the cnstodians OF said Eva; that from
defendants personal knowledge, and from the
general reputation 0i said Lucy King and her said
husband, it would not only be injurious but fatal
confded to their custody
After setting forth the circumstances OF the
agreement between Mr.. Grifiing and the Kings, the
return continues THAT since that time at inter-
walls and until within u few months last past de-
fendant and his wife have received letters from
Lucy King relative 10 SAID Eva, and that she has,
until recently, acquiesced In the present status OF
the child, and only once prior to this petition
threatened TO take her back forciby, unless the
child was allowed to visit her which the said Eva
refused and refuses to do That de 'c cndant and his
wife have only one child. q son. thirty -four years
OF age, residing IN the state OF California and that
said Eva. That he Is possessed Of ample fortune
TO provide for, maintain aud educate said Eva, and
that she has with defendant and his wife
COMFORTABLE HOME.
That Immediately on coming TO reside with de =
fendant said child, OF her own accord and with the
consent OF defendant, assumed the name OF Eva
Grlfing, and would never allow herself to be
called by any other. That she has always occupied
the same apartment as defendants wife. That she
has now been with defendant about eight years. and
during that time has been continually attending
school, and that it is deiendant's purpose TO COM
plete her education, To provide for her future wei.
iare and to tt her ior some suitable and useful
sphere OF life."
The defendant further charges and believes that
THE TRUE INTENT AND PURPOSE
OF Lucy King and her husband Is TO obtain Eva, that
they may use her IN menia services lor pecupisry