The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-02-26
sUpRe NE COuaT-spsCIAL TERM.
Frederick Grimng's Protege.


Before Judge Pratt.
II VIII be remembered that an application was
made by Rev. Jacob Thomas pastor OF a colored
church In New York, for the custody Of the octO.
roon Kitty King, who is now living as the adopted
daughter OF Mr.. Frederick Griflng a wealthy cot.
ton merchant, In Brooklyn. Mr.. Griling, eight
years ago. got the girl from her mother in Ala.
bama, and brought her on North, agreeing to edu-
cate and take care OF her, which was done. Having
no children himself he gave her the name of Eva
Grifing, and she was always treated as daughter.
Mr.. Thomas claims to be proceeding by virtue OF a
power oil attorney from the girls mother. ..f-
few days since the case was referred to Lawyer
D. b. Thompson, who was instructed to ascertain
restrained OF her liberty. Yesterday Mr.. Thompson
made his report to the Court, giving 1t as his
dismissed ana thereby deciding that the custody
OF tip child belongs to Mr.. Grning. In concluding
his Soplnionn Mr. thompson says-"The question
then arises Is 1t for the welfare and the interests
OF the child that 1t shall be taken from the custody
OF Griing and given over to the mother in Aabama9
And here the fact that the mother Is ignorant and
poor has no weight whatever. 1t may be thas
the child will be better provided for, and better
matter how destitute and Ignorant that mother
may be- not the wealthest and best man in the
world can keep her Child from her BY his assurance
merely that he will give her better treatment,
Clothing and education than she could have with
her natural guardian. But It appears IN this case
white man and coored woman; that at the time
the mother gave her away she had little or no
that she might never see her again. Her reputa-
ton for chastity then bad, and there Is no evil
dence to show that she has since reformed. It
might be the ruin of the moral welfare and the
best interests of the child for her to be remanded
to the custody OF her mother The child Is Of
sufficient age and intelligence to Indicate her de-
sire, and her inclination Is to remain with the re-
sp9ndsnt am Therefore ofthe opinion that the
In her testimony before the referee Eva said that
her mother told her that her latter was "a white
gentleman" and that when she went away with
Mr.. Griffng her mother also expressed desire
never to see her again. ~
Alleged Fraudulent Railroad Estimate.
Before Judge Tappen.
Elnathan Sweet, Jr and others are suing the
Northern Pacific Railroad Company and Henry r.
PaysOn and others. contractors. The plaintiffs al
sub-c0ntractors, contracted with PaysOn and
others for the preparation of the road bed Of the
Dakota division, about 115 miles in length, and
Completed the work. Some OF PLAINTIFFS associates
sub.engineers, and reported to the chief en-
gineer. The balance Of the Sweet party
protested and brought this suit to set aside
fraudulenty underestimated to the amount Of
almost hundred Thousand dollars. Plaintiffs
asked for an Injunction yesterday to restrain the
railroad company from paying any money under
deny any COLLISION or fraud The Court reserved
decision.
WI Decisions.
by Judge Pratt. lIg tOal
W A. Ruthven VS.. Ann Gardner.-Default opened
on stipulation &c.
A. Hart VS.. A. @. Wheeler.-Motion to set aside
report Of referee denied. ..f
f. L. SandersOn vs.. III. c. Bowen ct a.-MOti0n
to dismiss to all parties granted No costs.
I. Gleman Vs. L. Dunn.--Default opened on pay.
ment OF COSTS u. ..s IN
M. d. Lent VS.. Il. A. Dinham.-Motion granted SO
discharge lis pefdefls denied as to allowance.