The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-12-14
VINO sHALn cARE ron HrRg
4 Mother Asks for the custody Of her Young
Daughter.

Miss Carrie !. sutherland, n beautiful
young rirl OF about fourteen years of age sat be-
side Judge BRADY ON the bench of the supreme
Court Chambers soon after the opening OF the
court Yesterday, answering his ques ions In ref
orencc To her preferences and other matters ut
issue upon writ Of habeas corpus brought 10y
the girls mother to have her care aud cus' ody.
About eight years ago Mrs. Elnira Sutherland
left her husband. Harry Sutherland, taking with
her their child, Carrie. having been obliged to
do 80, she says, because Of his tncompatibility
OF temper and bad treatment Of her. some time
after. having no means OF livelihood, she was
compelled to return to him. but was again driven
away. when she commenced proceedings against
hifu through the Commissioners Of Charities and
Correction. whereby he was compelled to pay
her s5 ia week for her support. This he con
tinued to do for two years, when he commenced
a suit for divorce, alleging her unfaithfulness.
The case was sent TO n referee, who. after hear
Ing the testimony decided Ia favor Of plaintiff
no witnesses being called for the defendant.
rho Court refused to confirm his report, ana
sent the case back for re- hearing. The referee
again made q Ike report. which the Court az in
refused 90 confirm, ana di;rharged tue reieree,
sending the case to he tried betOI @ a Jury. Tho
plaintiff making no appearance when the case
was called, the proce cdings were dis nlssed.
Then Mrs. Sutherland sued her husband for
divorce. The referee reported In her favor, and
awarding her tue custody ul the child, but sue
having 10 money to pay the costs. the case has
not vet gone before tho court for confirmation
Of the report. and no decree has been entered.
Then she sued out tho writ ~ habeas corpus to
yet her child, upon whioh the parties were heard
yesterday.
Miss sutherland. when called M by Judge
Br DIV. said that she mad not lived with her
mother for six years, and for the past three
ycars had been in the family of her uncle, James
NJ. Sutherland, better known as Bsb Hart
the comedian, whore She desired to remain.
Mir. u. a. Leven. for Mrs. Sutherland. sid
that he proposed to traverse whatever return
might he pat In. and prove that the mother was
the proper custodian OF tue child that she had
been unduly Influenced against her mother, who
desircd and was able TO take care OF and rrovido
for her. Tho girl, he contended, was not OF age
to choose her own gu rdian.
Judge Brady said that the only question Tor
him to pass upon WIS whether any undue inhu-
encc had been exercised over the child IL there
had not boon, she was old enough To choose for
herself
Mr. Hart. the Girls uncle, SAID that not one
dollar had been paid for her support during the
time she lived with him, aud as TO the charge
Of undue influence no SAID. &" deny the aile-
CATION and defy the alegators. as We say IN the
Mutton trial sometimes" tLaughtcrl
Mr.. Laviru desired Immediately TO give testi-
mlny unon the questions NJ issue, but owing to
the engagement of Mr.. II RI. the hearing was
adjourned until next Wednesday.