The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-02-05
IMPORTANT DECISION.
A MOTHER DENIES THE IDENTITY OF
A CHILD BEARING HER NAME.
sne Prays that the Name be Erased from
the Record 81 Births, but the Court
Decides Oths rwfse.

Decides Otherwise.
| The case Of Mrs. Eliza Lagrange against the
Recorder Of Births and Deaths. which had been
| pending for long time before Judge Rogers
Court, was decided yesterday against plaintiff
who asked that the Recorder Of Births and
Deaths be compelled to erase from the re3istry
| OF births the name OF a certain female child
| Eliza Badon which was placed thereon above
her own pretended signature. She alleges II
to be forged, and says she never affixed 1t to the
| record.
| The following is the decision:
/ Mrs Eliza Lagrange, wife Of Denis Forissier
| 9039.-The plaintiff alleges that she has recently
| aseertainpd that in book No 49, folio No. $50, oi
the records OF the recorder Of births, deaths and
/ marriages, in this city. there had been regis
tersd on the tht tieth Of june 1852, the birth oi
| a female child, which registry declares that on
thar dare personal y appeared Mrs. Eliza Badon
| born Lagrange}, native 0f Lille (NordI
Fraace, residing at No. ss Dauphine street
second District Of this city. VINO declared that
on the fifteenth day of MAY, 1852. at . O'Clock
| a. m. at her aforesaid residence. was bora fe-
male child nam ed Eliza Badon Issue Of the
| legitimate marriage of deponent with Mr..
1 Robert Badon. native OF Covington, IN this
State; this registry was signed by the said Mrs.
Ferissier th5n Eliza B4don.
The petitioner further alleges that she never
gave birth 10 any child, and that said registra-
tion is Use Ia every rttrular; that the sigma
| tare afnxed, pnrporting 70 be her signature, is
4 lON H6Es, DuL WAS fOTR5G Dy some person TO ler
unknown, and without her knowledge or ass ent.
she alleges the facIs TO be tnat on or about
| June 1852, she. the petitioner. took charge of a
| female infanf, whose parents have always been
| TO her unknown and this child she took care Of
| educated aud reared THAT said child was named
| Eliza By pet toner. and remained with her un-
| I'll about June. 1876, when said child was mar
| rled, contrary TO the wishes and advice Of De,i
TONER. to enc Theobald Rudolf, Of this city
nat sne desires TO hays the lpscrtption erased
ss false and untrue, and as calculated to hinder
and defeat her In the control and disposal OF
her property. as aiding TO establish as facts
what has new. occurred, add IS enabling any
person or Dersons maiieiousIy Inclined to annoy
petitioner and hereafter 10 nbstruct or sven
prevent her heirs from Cbtaining the possess
This action is met by the denial Of Eliza
don. wife OF Rudolf. insisting that the regis
~ attacked is true; that she Is the. Legitimate
daughter Of plaintiff; that plaintiff add hus-
band, Robert Badon, 80 held out defendant TO
the world and Introduced ner into society.
Before particularly considering the
QUESTION OF FORGERY
Of petitioners name TO the public registry Of
apprise. will state certain facts which believe
proven In this case, wfth0ur. however at Chis
time eanvasstng the entire merits of the contro-
versy.
In 1851 the plaintiff and her then husband
Robert Badon, a man In delicate health. we're
absent from this city In California. Early in
1853 Mrs. Badon returned home. She mad pre-
vIously been married, when young. TO q man
sh0wu TO have been OF great vigor, but she had
.
that she was very anxious to become a mother
and whether by the manners. uses and artifces
described by several Witnesses. before the ad-
vent or the infant certainly after the event. she
expressed towards her always the ren6erest
care and solicitude-that which on.y mother
could show. The relationship was more aues-
toned and. consequently, moro discu sed by
Mrs. Badon than any OF the Witnesses who
have testified. Mr.. Badon retu ned Ia the sum
mer OF 1852 and on his arrival found the child
whom he always represented as his daughter,
and about whom. to use the universal xpression
Of the witnesses ~ s q Creole sxrsscaon r he
who have testified Declare he always spoke Of
her and introduced her a. file; they never
| can CLEAN from this testimony nothing point
ing to the absolute conviction on the part OF Mr..
Badnn that defendant was not bis child. and
that he did not believe and 80 cherish her TO his
death, except what is testised TO by Nine. Groux
and Nine. Sarrsde These people are now
aa1os a9a 5aeg I1sT.s m as OF NJ oaFonas % cir
Badon only By sight; ne frequently passed her
store. and was very sickly in appearance. On
the occasion Of which she testifes she was ait
ting inside her store conversing with Mr.
Tourqlet. who was standing at her street door
this person, whom she subsequently learned
Tourquet: the conversation was ia French and
az translated in the record and thai portion
Ehi,n titsf y ATTRACTED her attena2n. g. given by
yous, d. Bafong The reply was tJe ne sails
paa-Je m 'envaisP p
She tnen heard the following:
MR.. ToURGUET.
You know I have great trouble; my little
adopted rphan has set my house second time
on fire.
Mr. Badon-Well. my wife adopted a little
girl; don't like it much. bur tshruggtne his
com panion for her.
Nine Sarrade, who was working then for
Conversation in Anaust, 1866. and sf details it
as follows: Mr.. TourQusr was passing BY as
he was In the habit Of doing be was litho-
Nine. Groux's to ask me il I would spend the
evening. Mr.. Badon found Mr. Tourqa there
g ne was passing. NJ. Tourquet was better
Badon ssked Mr. Tourquet how he was. Mr.:
Tourquet ans wered he was well. He said. I
am under q bad influence: I have adopted a
small boy who has already set fire to our house,
and we were. for the third time almost burned
out Then Mr.. Badon also said, My wife has
but as am very sick-I do not believe I will
1--we very long-it will be company for her >"
lr is very true, as counsel for plaintiff con-
vais," should have attracted the attention. but
1t does seem that 1t was the very expression u
6e expected from Badon, for th sc women both
declared they had observed his very feeble and
deiicate condition daily. and, therefore what
would have been OF import to strangers should
to 5nem o. nave "a been very natural and the state
presence in his house Of this child is In direct
contradiction with the testimony Of other
witnesses .interrogated on that subject. regard
and while, granting abs plate good faith TO these
Old people, they speak at an age when the
strength OF their days Is then but labor and
sorrow.
II was matter In which they declare they
took no interest, as it was none of their bust
ness. and while it was not expIained-the mo
tive Of Badon for the affection lavished By him
on the ehild-it certainly cannot establish that
d had deeia ed he was not the father.
The defendant Eliza Badon. was Certainly
reared in the tul belief taat Robert Badon was
1er father and plaintiff her mother, and plain
1f certainly never sought TO change this benef.
On one occasion the girl came from school.
crying.
AyD TOLD PLAINTIFF
hat she Rad been told that plaintiff was not her
mother. The girl says her mother said with
great indignation. she dared any one TO say go
% her: she would make them swallow their
words; WHILE plaintiff says she stated why did
;he notice it; did SIZE not have everything she
wished?
Ii is very certain. aside from the question OF
exact certainty of thiseifcumstanee. that pain
If desired defendant to understand she re-
PEELED the iBsin uaffon.
1t is also shown that the defendant was bap-
ised In the Roman Cath6lic fattA By the priest
a charge of the Chapel sr. Antoine. in the year
fEAhrI1o orry1 MI that Nina ~ and