New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1874-05-01
TIE COURTS.
CHILDREN SAVED FROM PERIL

THERESA CLIFTON STILL IN THE CUSTODY OF THE
POLICE-HER GUARDIAN DENIES COMMISSIONER
GARDENERS STORY.
The young girl known % Theresa Small,
who was forcibly removed by Police Commissioner
Gardner what ho believed 20 be panoi-iVusc'
was produced in the care OF an officer at the Court OF
over and Terminer yesterday, before Judge Brady.
She appears be about IA years of Is tall and sien
der with prepOssessing face which carries no evil
dence of improper instruction surroundings she was
very neatly and simply dressed Her iather ana
mother. Joseph and Maria Clifton, Annie Small. the
keeper OF the alleged pauelhouse and some OF their
friends were present. Assistant DlstrictAitorney
Lyons produced the answer OF Commissioner Gardner.
in which he states that the chds true name is Theresa
Clifton; that acting upon what he believed and still be-
eyes TO he trustworthy information that the house in
which she lived was panelhonse kept by Annie small
tho proprietress. he, with Can't. williams,
removed her from The house on the night
the matron at Police Headquarters. Mr. Howe, as
counsel for Mrs small interposed denial to the return
of capt Williams In her affidavit. Mrs. Small states
that Capt Williams's return Is ial3e and untrue ana
alleges that Messrs. Gardner and Williams seized the
girl and detained her against her will
Mr.. Howe requested that some testimony might he
allegation was that the girl pauelhouse. The
matter should investigated aud II II was true the
child should be removed by the OF the law.
In regard TO Commissioner Gardner's action, Judge
Brady said that he should not hesitate TO do the same,
even il no was obliged oyerstep the strict limits Of tho
law Mr.. Howe then raised the question Of the chllds
custody during the litigation, aud the Judge remanded
her to the Of the matron at Police headquarters
MR.. BERGHS CASE
In the Supreme Court yesterday, before Judge Law
renee Ebrdge Gerry presented his report In regard
to an investigation made by him in the matter OF the
custody OF the little GIRL Mary Ellen Wilson, whose his
tory and suferings have attracted 80 much attention.
He stated facts already brought ont in the evidence
that her mother named Fanny Wilson, at one time
an the st. Nicholas Hotel that she gave the
child TO Mary Score nurse aud that when the
1t to the OF the city. An affidavit WAS submitted
by him, recently made by Slongshoreman named
Thomas Mccarthy In which he states that he knew the
child's mother. Her maiden name was Fanny Common,
OF London. The father Of the child, Thomas Wilson,
killed during the rebellion. When tho mother came to
NewYor she engaged as roner at the Jones House and
afterwards at the ST. Nicholas Hotel where she met
Wilson, who employed oyster opener. In 1865
Mccarthy saw the mother at house In Ellzabeth;st,
where the child was at nurse and after that he lost
sight OF her. The parents Of the mother are
now living IN London, England, and they sent
person here In 1867 10 look for their daughter
and her child but could not ind them The grand
parents are in good circumstances, owning the house
i'm which they live, besides having other property.
Their address Is Michael and Mary Connor No. Laun'
then ne ecSd of the
ton OF the brutal guardian Mary Connolly. for
TO the court He stated that offers to provide for the
child had been made by the following persons: Mr. and
TT Mr. and M H. Mitchell H%d
son; Mr. aud Mrs. A. Miller of Johnstown M Mrs
Clark, residing in twenty ,fOurh-st; Peter Muller Of
Mount Vernon Asylum; MI and Mrs Boyd OF Elizabeth,
N de-;
Maxheld residing in Westinghouse. In addition to
this two charitable persons offered TO pay the chlds
expenses and send TO the Chidrens Aid Society aud
Mr. Bergh and the Society for the Prevention OF cruelty
TO Animals are ready To take care OF the child Judge
Lawrence reserved decision, and ordered that the girl
remain for the present IN the custody Of the matron at
Police Headquarters.
INSURANCE POLICY HOLDERS RIGHTS.
JUDGE FANCHER's DEFINITION OF THE LAW RE-
GARDING INSURANCE COMPANY RECEIVERS sUS-
TANNED BY THE COURT OF APPEALS.
The recent action of the Court of Appeals of
this State in confirming the previous action OF the
preme Court General Term for the lid District, has
established the soundness Of decision made by Judge
Fancher last year. which helped to secure the rights Of
policy holders in insurance companies, and will prevent
receivers from drawing upon securities deposited with
the Superintendent OF Insurance for counsel fees aud
other outlay An act passed in 1883 by the New
York Legislature. establishing an Insurance Depart
ment, and providing Tor a superintendent Of In-
surance who should have authority TO make
examination OF insurance companies; 10y inc
regured-if the affairs OF any company are IN an mn
sound state. and IT, in the opinion OF the superntend-
emf the public interest requires such aotiOn-to commu-
nicate TO the Attorney General who shall apply to the
Supreme Court for order 10 wind up the ana that
ooinD MANY and for the appointment or receiver. In
IsS9 further act passed giving the superintendent
additional powers and providing that ne should IN some
other eases have an application made Tor receiver
through the AtorneyGeneraL Toe duties OF receiver
appointed under these statutes are speced In tnen and
,bs given receivers by the act OF 1869 are very
large. la 1873. application was made before Judge
Fancher by "A receiver OF a life insurance COMPANY, VINO
had not been appointed under the statutes relereu
10 nor as the instigation OF the state supeiln-
tendent of Insurance. but under the Revised statutes
This application sought the transfer by the supeth
tendent o! Insurance ~ the Receiver OF inc seouIes
deposited by the insurance company Win the suIi
tenden The statute provides Qaws OF 1861 thst lhs
Superintendent OF the Insurance Department ss no i
such securities security for pohcy holders III siu
company, but 50 long as any company 50 usposltns
shall continue solvent. may permit suoh company 10
collect Interest dividends securities so nepOsito
that the State having provdad that the
hhOul0 hold sueh securlos pon0y mold