The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-04-30
THE ALLEGED KIDNAPPING CASE

Promise OF Full and Interesting Devel-
opments To-day.
veil OF mystery still enshrouds the reported
kidnapping of the Child, Teresa Small, by Police
Commissioner Gardner and Captain Williams Of
the Eighth precinct Both OF these parties were IN
court yesterday, but neither has voucnsafed any
explanation yet in regard to the very serious
charge preferred against him. While Commits.
sioner Gardner twirled his ivory handled cane
with an air OF great seeming indifference as
to any orders Judge Brady may 1T to
give In the matter his valiant factotum Of o
police captain taking the cue from his superior
like master Like man-strutted about in mis- kid
gloves and gorgeously brass-Duttoned blue coat
with a supercllious bearing that was too gro
tesquely absurd to excite emotion save hilarious
compassion. Matters, however. despite the ap-
parent Official disdaln OF these paid servants OF the
public to anything ike court edcts, are likely TO
come TO a focus to-day, and full and complete ex-
PLANTATION OF their conduct is likely TO be given.
Such, at least, must be the final result for 1t is
clear from an observation made by Judge Brady
in the proceedings before him yesterday that they
WITH be heldiKe ordinary citizens, strictly amen
able TO the processes OF the Court.
THE COURT PROCEEDINGS YESTERDAY.
Court Of oyer and Termlner Mr. William +. Howe,
who sued out the three writs OF habeas corpus IN
the cases respectively against Commissioner Gard
hams, asked II Captain Williams had made re-
turn TO the writ.
writ, with an Endorsement on the back signed by
Captain Williams, stating that ne had not the child
in his custody or control.
Mr.. Howe SAID That the return was not on oath !;
but. inasmuch as the statute made II q INSIDE
meanor punishable Dy imprisonment for an officer
to make lalse return, he was willing to let the
matter go, demanding the right to give proofs to
contradict the return.
Judge Brady SAID he would accept the return and
wOQ6 varl0CAtOn
Williams being puolic offcer, but that the case
must be treated like ali others, and he intended to
have the fullest investigation made and elicit all
the facts in the case.
Mr.. Howe SAID that he had served writ on Com
pa TED in the AID ucton OF the child and tnat no re-
turn had yet been made to the writ.
In a short time Commissioner Gardner made his
appearance, and alter long whispered cOnsuta-
tion with Mr. Lyon the latter stated that Mr..
Gardner admitted the service OF the writ and
would make his return in the morning.
Mr. Howe desired that Judge Brady would direct
both cases TO be heard under one proceeding and,
inasmuch as Captain Williams had denied having
control OF the child and had made an evasive re-
turn, he would prepare traverse setting forth
the whole facts OF the case, which he would file IN
the morning and then demand the production Of
the cnlld in court
Judge Brady acguesced in the proposition made
by Mr.. Howe, and then adjourned the case till ten
STORY OF TIE cHnp's PARENTS
Though the alleged kidnapped child is known by
Is Teresa Clifton. Her father is Joseph Clifton,
living at No. sss Filth street and working at willow
basket making for T. Mahoney, at No. IL Fourth
avenue. he was present in court yesterday as
also his wife, the mother OF the child. Both are IN
the greatest grief at the abduction Of their child,
to see ner, but this permission was denied them.
They say further that they gave their daughter
a dsSSs that the s two became Strongly aS
attached to one another from frequent
VISITS Of MRS Small 70 inc that they had
called to see her frequently and that she visited
them; tnat they knew the child was being well
her foster mother. They have three other chill
dren, who are living with them.
1 WHAT THE FOSTER MOTHER SAYS
| She says that she Is the widow or Alfred A.
| Small, son OF Robert H. Small the wealthy law
book publisher of Philadelphia He husband died
and Mrs. Clifton their child Teresa, with per-
mission to name the child Teresa small. Since tnat
time she had continued to have iull and compete
control Of the child, maintaining and educating
her and sending her TO school, and also having
given her instruction in music; she has always
treated ner with parental fOndness and affection.
On the night OF April u, 1874, they both retired to
bed together at about ten O'Clock their bed beng
in the front room OF the second door OF the prem
ises No. is First street About one O'Clock in the
morning they were both awakened by q furious
knocking al the door OF their room, and heard
loud shouts from the outside OF "open the door,
open the door, III break 1t in" They feared
that those outside were burglars, and both
another moment the door was iorcibly
opened by the persons who were on
the outside ana the socket WHICH receives the DOlt
OF the lock as broken from the door. Two large
stalwart men then rushed in and the taller OF the
two seized her by the arm and said, II want that
girl OF your'n." She replied, ''What do you want
with herr You can't have her; she's my childu
She then asked them who they were. The tall
man said, sIm Captain Williams and this Is Com
missioner Gardner. and If you don't dress that
child Wen take her out just she ISL Teresa,
VINO was simply attired in a night Dress continued
to shrek and refused 10 dress herself or go with
them unless they also took her. she said
sne would dress the chill and accord
ns the cn Sna snes on 60 ay
her. They then took the child, placed her In
coach which was awaiting them In 'front.' OF the
house and drove rapidly away: neither Captain
Williams nor the man who represented himself as
Commissioner Gardner was IN unIl0rm; called
yesterday afternoon at Commissioner Gardner's
room at Police Headquarters, claiming the right
TO see the child, but was refused an audience with
the Commissioner, also refused permission to see
said child.u
The above story was told yesterday to HERALD
reporter, In the anteroom OF the Court. At times
Mrs. small was so overcome with her feelings
That 1t was with much difficulty she finished the
narrative.
VARYING RUNoRs.
All sorts OF rumors are IN circulation as to the
purpose and meaning OF this alleged abduction.
The prevailing story Is that gwen on the day the
facts we're first called to the attention oil the Court
That II was to secure evidence against police
captain. 1t is unnecessary to give all the rumors.
All the facts on botn sides Will doubtless be fully
developed IN the proceedings in court to-day.
"Captain Williams" observed a gentleman CON-
menting on the case, "will hardly ind his early
experience as deck hand small North River
craft OF much help In sailing through the deep
water he Is now in.r
Hardly answered the gentleman addressed
sHe mas been in q sinking condition a long time.
IL only needed such storm as this TO throw him
80 high and dry he never can get aioat again.
TEREsA's WHEREABOUTS.
10 has been quite definitely ascertained that the
child Teresa is In the care oil Mrs. Will. the matron
at Police Headquarters. IL Is said she was taken
to Police Headquarters direct rom her nome,
given by her captors IN charge OF the doorman
and by him transferred to the custody OF the
matron, And yet for all this superintendent Mat
sell Endorsed as the return TO the writ served on
MN, Teresa Small Is not IN my custody"