The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-06-07
FIGHTING FOR THEIR CHILD.
4 Peculiar story Developed In "a Proceeding
Mefnre Jmdge GIlhcrt.

Mrs. Emma l.. Durbrow, tall, slender
woman. 30 years Of age. sued out n writ Of
habeas corpus in the Kings County Supreme
Court to gain tho custody Of her 10-ycar-old
daughter Marie Louise. who lived with her
divorced husband, Mr. james W. Durbrow. an
insurance clerk OF 900 Livingston street Tho
husband asserted that his wife was not "A proper
person TO have the care OF tho child. and nc
cused her " inndclity, on account OF which he
claimed to have secared divorce in Connect-
cut Judge Gilbert examined into the case yes
to-day. first receiving in evidence an agree-
mcnt Of separation made between the couple
in 1877. Mrs. Mary 4. Davis Of 37S Hasey
street, the mother of the petitioner. testified that
Mrs. Durbrow had three children-onc 10 years
OF age one Z. and the third an infant The wit
ness supposed that the infants name WIS also
Durhrow. Her dnu .hter she said had had the
custody 90 the girl Mario Louise until SIX weeks
agO. Then, one Sunday afternoon, the girl
sent her To- sunday school, and Mr.. Durhrow
went IL nre ana got her. subsequently, sending
telegram 10 Mr.. Davis telling what he had done.
Mrs. Emuu J.. Durhrow testified that her
husband had comue!lcd her to leave him on
th' plea tlt me- couli not support hrr. About
six months ago she received u decree OF di-
yorer. which Lad been obtained IN Connecticut.
Her Inst child WIS born on Feb. y, 1875. az 23l
West flrty-nnth street. She kucw Grorge Gil
man Dow. who. she said. was an Old acuuaint-
ance. hut She denied that she ever lived with
him Us his wife. When a certificate 81 tho
Board 81 Health q this city was presented 10
the witness, recording the birth u Gillnrd Gil
man Dow son of George c. Dow and Emma l..
Dow. ON Feb. II. 1878. NJ 23l West FOuy-ninth
street. she became confused. and then said. sud
denly, that there was another child born in the
house Oh the same day.
4 letter was produced signed Emma L. Dur
brow, addressed to William l.. Durbrow. and
duted April 1879. in which the writer ayerred
that her husband had no claim to the paternity
Of tho girl Marie Louise. Mrs. Durbrow indg-
nantly denied that she wrote the letter although
Ell "a % "a
ter. which was 10 her father-in-law. was signed.
= Your divorced tConnecticuO daughtcr-in- law.
Irr' Anna Lloyd testified that Mrs. Durhrow
boarded with herr 23l West Forty ninth street.
this city. under The name OF Mrs. Desbrow. oc-
copying a room with Mr.. D. shrow. who was
supposed 10 he her husband. The witness iden-
th.d MI ~ ~ Low as tn'S In9bo Shl,n was
other child was born In the house at that time.
Mrs. Durbrow, the witness added. represented
Dow, or Drshrow. ~ her second husband.
speaking habiuglly OF her FIRST husband who.
dear departed"
Mr. James ". 'Durbrow testified that he re-
ceiyrd good SALARY. and was abundanty able
20 care FOR his daughter Marie Louise. He had
bad her IN hls custody at various times since
1877. but her mother. he ayerred. kidnapped
her while he was away.
George G.. Dow, q dark featured man. wear
ing two large diamonds. sat in the witness
chair with his thumbs in the arm-holes OF his
vest and drumming with his hngers. He de-
Of Desbrow. and that he had ever lived with
Mrs. Durbrow ia Forty ninth street. Some OF
his replies 10 the counsel led Judge Gilbert to
say TO him sharply. " BE careful how you testify
or you may boz sent To Jail"
Are you n married man 2" asked Mr.. Dur
brow's lawyer.
Supposed to be. ." said the witness.
go Answer the question. sir said Judge
Gilbert
Then the witness said that he was married
md had n family al % Sackrtt street. and that
he was In tho forwarding business.
Justice Gilbert SAID that he did not believe n
word OF DOw's testimony t. BE- true The testi-
i"ss liz to have the custody OF the child than the
father, and he made an order that Marie Louise
remain with her father and that her mother ho
restrained from interfering with her. He
iurluer decreed that the mother might visit the
child once a month. but only in Mr.. Durbrow's
presence and that Mrs. Davis. the grand
mother, might visit the child once week. on
sunday