The New York herald., 1873-07-10
FATHER AND CHILD.

The Old and Not Unfrequent Story i'm
the Courts-A Father Seeking the Cus-
tody OF His Child-B0rn OF Catholic
Parents and Being Educated by Pres.
byterian Protectors An Their Faith.
About two years ago Rose Corrigan, then seven
years Of age, was committed by police magistrate
to the care of the Commissioners OF Charities and
Correction. The ground Of the commitment was
the alleged neglect OF parents to properly take
care Of her, the statement at the time being that
her father was drunkard and that she was found
halr naked and half starved in damp and un-
wholesome cellar. prey to vermin and rats the
latter having half eaten away her toes. The child
was at once indentured to Mr.. william Virginous,
partner in the frm Of Havemeyer 4 Co., the
other members Of the firm being sons OF our pres
ent Mayor. Mr.. Patrick Corrigan, father of the
child, made application yesterday before Judge
Van Brunt, holding Chambers OF the Court OF Com
mon Pleas, for her custody. ~
THE FATHERS STATEMENT.
In his statement Mr.. Corrigan sets forth that the
indenturing Of the child was without any notice to
him. that the facts of the case did not justify such
procedure and that the same illegal and void.
1t was conceded that formerly he had been some-
he was member OF a Father Mathew Total Abb
stnence Society and drank nothing whatever
Intoxicating and thatae was now in condition to
take proper care OF her as he was OF his other
children. A further point urged was that previous
to her coming into the custody Of Mr. Yirgilious she
had been instructed in the Roman Catholic iaith,
but had since that time had her name changed to
Rose virgious and was beng brought up In the
Presbyterian faith; The Counsel for Mr.. Corrigan
choose her % own % guardian and that she souS ase ID
be produced in Uourt for this purpose.
THE OTHER SIDE OF THE STORY.
In return to q writ OF habeas corpus it was
stated, on behalf OF Mr.. virgilious that she was
ties aud Correctlon; that aside from such linden
ture the neglect by the parents OF the child was
such as justtded HIM, the committing magistrate,
in giving her IN charge OF the Commissioners, and
would Justify the Court In refusing to comply with
the present application: that since had been in
her as his own child that she was greatly attached
to himself and wife, as well as they to her, and
that she was unwilling to leave them.
On behalf OF Mr.. virgilious his counsel, Mr. John
E. Parsons, said that other Judges In similar pro-
child, but experimenting that His Honor might take
a different view OF the case she had been brought
within reach OF the Court and could be produced at
once If deemed necessary. Ii the girl, however, was
not TO be given back to her parents 1t was better,
he thought, for her that there should not be lett
upon her mind such impressions as the present
proceedings would be likely to impart.
Judge Van Brunt said he was inclined to con-
slider as final the indenture OF the Commissioners
that under the statute the power to indenture was
gwen them and that the statute conveying such
power was within the scope OF legislative action
Mr. Mccartney, counsel for Mr.. Corrigan, insisted
that an mpOrtan principle was involved in the
Casa principle as TO the paramount right of q
parent W Tie care ana e1uCdtiOn Oh MS cHu. he
asked permission to traverse the truth of the
state ment made by the other side.
Judge van Brunt said that the counsel had an
undoubted right to traverse the truth Of the return
to the writ Of habeas corpus. and he gave counsel
permission to do so.
TEMPORARY DISPOSAL or THE CASE.
traverse was at once filed setting forth that
there was no such contract OF indenture as that
set up on the part OF Mr.. virgihous and even If
there was that the same was void and Illegal. The
further hearing OF the case was adjourned till the
1lth OF next september. Meantime evidence Is to
be taken as TO the regularity of the girls commit
ment and indenture. Application was made that
pending the nnal determination OF the case, the
child be sent TO Roman Catholic institution, but
this Judge Van Brunt refused, ana ordered that
she be left In the custody OF her present guardians