Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1885-06-27

A pretty blue-eyed baby was the object
of lively proceeding in the Criminal
Court yesterday afternoon. Yesterday
morning writ Of hdbeas corpus was sued
out by Mrs. Fora b Cunningham, who re-
sides on Main street, near Market, the fol-
lowing grounds being alleged;
THE WRIT.
To the Hon. A. H. Douglass, Judge of the Grim
inal Court Of stgiDy County, Tenn;
Your petitioner, Fora B. Cunningham,
respectfully shows unto your honor that
she is a resident of Memphis, Shelby
county, Tenn.
Petitioner further shows that she is the
mother of an infant girl, named Daisy
Cunningham (sometimes called Carrie),
aged about three years.
Petitioner further shows that about
one year ago she vas in exceedingly bad
health and wholly unable to provide for
her said child, and gave it into the custody
Of Mr.. and Mrs. Whitfield, also residents
| OF Memphis, and who were at that time
living together, but have since separated,
! leaving her child in custody of Mrs. Whit
| field who now resides in South Memphis,
and who now refuses to return the said
child to petitioner, and feeling herself now
fully able to care for and properly provide
! for her said child, she seeks this meth
cd OF again getting custody OF her own
| offspring. Your petitioner will do Mr..
and Mrs. Whitfield the justice to say that
since they have been in custody Of her
child they have always, so far as she has
been able to learn, been uniformly kind
to it. In this respect she finds no fault
| with them.
Petitioner would further show that she
would never have parted with her child if
she had been well at the time and able to
| for If oud having o.
motherly love for her offspring, she
prays your honor to make her
| heart glad by restoring her child to her,
and to this end she prays that writ of
hGbeds corpus issue requiring said parties
to appear and deliver possession, and she
as IN duty bound will ever pray, etc. This
is the first application for writ of habeas
corpus in this case.
FORA B. CUNNINGHAM.
THE TRIAL.
All of the parties to the suit were
promptly on hand at the hour named.
Mrs. Cunningham, who was very neatly
dressed and whose face was almost entire
ly concealed by a heavy veil, sat at one
end of the table and Mr.. ard Mrs. Whit
field, who are again living together, sat at
the other end, some ten feet away. Mrs.
Whitfield was very plainly, even poorly,
dressed, and seemed to be in very i'll
health, if anything could be judged from
her pallid face, thin lips and sunken eyes.
MR.. WHITFIELD,
who sat by her side, was dressed in neat
business suit, the appearance of neither
not betraying the possession of any great
wealth. But the cherub which Mr.. Whit
field held upon his knee was beautifully
clad. She wore kid shoes, blue lislestock
ings, little white embroidered dress, anC
a rosy face, with big, inquiring blue, eyes
| peepsd out from one of the loveliest of lit
tie lace bonnets. Little Daisy, who was al
affection and oblivious OF the scene, O
T which she was the center, sat upon Mr.
Whitfield's knee ccquetting with him, full
/ Of love, life and play. Sae did not bestoV
: THE LEAST ATTENTION
! upon her mother, who said that about
year ago she fell into bad health and al
? Flowed Mrs. Whitfield to take her child
l but she was now bettei able to care for i
: than they were, and wanted it back. Mr.
: Whitfield exhibited paper signed by Mrs
Cunningham, in which she forever re
2 leased all claim to the child. An effor
was also made to prove that the mothe
: did not bear a very enyiable reputation
and that it would Immediately pui tn,
! child under cloud, probably destroy it
2 future if it were given back to her.
FUDGE DOUGLASS
J said that even if it be admitted tina. tht
mother was not so careful in her collduc
/; as she should be, or il it should be fac
! that she wac not able to provide for tn
child as well IS its foster parents, still
, they had no title to it under the law anC
: he could not refuse 10 give q mother. POS
session OF her own child. The word
were hardly out of his mouth when Mrs
Cunningham rose from her seat and walk
: ing around to the end of the table
! SEIZED THE CHILD
!, in her arms and bore it rapidly away. Tn
: little one was perfectly quiet, and while
made no resistance, displayed no affection
Mr.. Brooks, the attorney for the Whit
: aeld.s, asked that the child be placed Il
! the custody Of some third person until h
]. could appeal the case, and Mrs. Cunning
ham quickened her pace, Disappearing be
fore Judge Dougla could rule upon il
. He declared he would not interfere witt
! the mother in the possession of her child