New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-05-14
MABEL G. W1NA1S GIVEN 10 HER UARDL4N

Judge McCarter IN the Orphans Court at New
ark Yesterday rendered decision III the case OF
Mabel Wnans which has been before the courts for
several months. lie gave the care OF tue child 10
David r. Wlnans, of East Orange, and denied the
applca ton of Mary Luppie, her mother, 10 be ap-
pointed guardian. The childs real name is Mary
luppie and permission is gwen by the Court TO Mr
Winans to adopt her and to give her the name OF
Mabel Winans
The father of the child was an Italian shoemaker
and the mother Is an lrishwoman. The father aban-
doned his wife and family years age and died LII the
Sussex County AlmshOuse. The wife, who was lett
with three children, the one In dispute being nVe
months old, began 10 work in 1872 III the family OF
Dir. " inans, who is wealthy and chlldless. She
took her young child with her, and the " mans fam
ily became greatly attached TO Mabel, because OF
her beauty and intelligence. The mother acted IL
the capacity of cook for the family, and showed no
attachment Tor the child Willingly surienderihg IL
~ Mr. Winans TO be brought up and educated
When the child was five years old, the mother In
CURED the displeasuTe OF Mr. Wnans In conse-
Quence of her habits, and after repeated admonI-
tons was discharged. She then demanded her
child who refused to leave MIR. Nlnans. Mabel
was moi gwen up, but was permitted TO visit her
mother. Some time atterward A1rs. Lupple an
nouIced to Mr.. Winans that she gave 10 him the
full custody of Mabel and asked only to he allowed
~ see her occasionally. Mabel, mean mle, was be-
ing educated and she showed great intelligence
She was gwen a pony and phaetcn and lndulged as
II she we're Mr. Wnanss daughter.
Influences were brought 10 bear on the mother
ann nar Lrotbsr. Thomas HARDY. fiagman on the
Morris and Essex Railroad at East Orange to re-
cover he child from Mr.. Winans and to place her
are prOiestantS One day last tall Hardy induced
Mrs Ninaus TO allow Mabel TO visit his sister
promising to return her IN few hours. The child
was kept by Hardy for "a day OF two, and was
then spirited oil 10 the house OF brother
of Hardys III Sussex County. Mr.. MInans
nscerralning that Mabel had been taken away, APP
piled to Chancellor Runyon through his counsel
Cortlandt Parker, for writ TO be served on Hardy
Go produce the child ID court Hardy dlsregaTded
The processes of the Court and was arrested
on a beuo hFarrant and fined and rcprlnand, d. In
the meantime detectives employed by Mr.. Nlnans
traced the child to Sussex County, and obtaining
posses ion of her. carried her before the Chancellor
who give her temporarily into the custody OF her
guardian. The case then brought before the
Orphans Court on the Application OF both sides for
guardianship, and yOlumlnOus testimony was taken.
During the examination Mabel was brought into
court and while there refused TO recognize Mary
Lupple as her mother. In ms decision, Judge
AcCarter said that tue question presented 10 the
Court not whether the infant should be taken
from It's mother and gwen To strangers Ii
whether IL should be taken from Mir. Ninans and
his family, who had brought IT up IRON infancy,
and gwen mother, WHO had practically aban-
doned il and who Is now "a total stranger ~ IT. aud
Whom the child does not recognize as Its mother.
The claim of the mother now involved change OF
social habits, Of education and mode Of training
brought about by her original abandonment OF the
Infant. Ii was for the best Interests OF the child
that she should be gwen 10 the guardian who had
yeared and educated Ter and 10 whom she was al
tached