Evening star. [volume] (Washington, D.C.) 1854-1972, 1889-08-06
LITTLE EDDIE FISHER.
Given I'm Charge of Miss Devers, Who
Claims to Be His Mother.

Claims to Be His Mother.
Yesterday afternoon in the Equity Court
room, after the decision Of Judge Montgomery
In the case of the little boy claimed by Amanda
Devers her child had been announced, all
of those present were ordered from the court
room. The little fellow was then in the judges
private room and after the court room had
been cleared of every one save Miss Devers and
the court officers the judge said that she could
see her child and. she went in the room to him
Mrs. Fisher was in tears ~ she left the build
ing and some Of her neighbors sympathized
with her in her distress.
After some minutes spent with the child Miss
Devers withdrew and the boy was taken in
| charge by Mr.. Joyce, one Of the bailiffs. The
boy was somewhat reluctant to go with him.
saying that he wanted to see his grandmother
Some Of those about the court house made ND
| a purse for the little fellow
| Last evening Miss Devers again called to see
him and it was not long before the little fellow
seemed to regard her at least as friend Dur
ing the evening watch was bought for the
boy and this morning when on his way to court
he seemed quite proud of it.
THE CHILD RESTORED TO IT'S MOTHER.
This morning, when Judge Montgomery
took his seat in the Equity Court room, there
were present Mrs. Fisher, with her husband,
number of Interested spectators.
Mr.. Darlington, for the petitioner, presented
a draft OF decree, but the court said that he
had drawn an order, which he read, to the eff
feet that the child be set free of the custody of
Mrs. Fisher and restored to the petitioner
Amanda Devers, which order he signed.
The order after reciting the proceedings
closes as follows: 1T is ordered and adjudged
that said infant be set free by said respondent
and restored to the custody Of his mother, said
not nd ia ata
Mr.. Harris NOTICE OF APPEAL.
Mr.. Hart said that they would appeal and
asked the judge to fix the bond for the pro-
duction of the child, submitting that it should
remain with Mrs Fisher till the final adiudics-
ton of the case by the General Term.
Messrs. Darlington and John Cruikshank
argued that the case could not be appealed by
respondent.
TEMPORARY CUSTODY OF THE CHILD.
The judge cited number Of cases and held
that there was right of appeal
On the question Of custody Judge Mont
gomery held that it was in the discretion of the
court as to whom to commit the care of the
child; that he could place it in the care of the
marshal or some institution, and if to either Of
the parties bond should be required for the
production of the child. There were strong
reasons for giving the mother of the child the
custody, and on the other hand it is claimed
it was two days old, and it appears to have been
well taken care of.
Mr.. Hart suggested that in an Indiana case il
had been decided that an appeal operated as q
stay of proceedings.
The judge said that case was under statute
and did not apply here.
MIR. Darlington urged that the child should
be left with the mother
The judge asked if she could give bond for
the production of Tho boy when the appeal is
decided.
Mr. Darlington said he understood that she
could give ample bond, and he proceeded to
argue that the testimony given on the part of
the respondent Mrs. Fisher) had
CREATED SOME SUSPICION,
especially as it had been shown that interments
had been made without permit or record He
incidentally referred to the great interest in the
case, and said that his fears and those OF the
mother had been aroused.
Mr.. Hart said that he had made no reference
to public opinion in the case, but he now felt
impelled to reply to the unjust assault. 1t was
unjust to them to bring in he re the opinions of
the rabble and an insult to the court.
The court suggested that he desired argu-
ment only on the question of the custody.
Mr.. Hart then argued that the proof did not
show that the petitioner was the proper one
for the custody of the child He warmly de-
Tended Mrs. Fisher, saying that by taking the
child she prevented crime; that the parties
placing the child with her simply desired to
get rid of it; that it was a question of means
only with them. The conduct of the white
woman was black, and that of the black was
white In comparison; one let the child be taken
from her and the other took care of the waif
He urged that the child should be given to the
honorable black woman rather than the one
who had admitted her dishonor.
The judge said he would decide the question
at 1890 O'Clock.
At 1890 o'clock the Equity Court was we'll
filed again, among those present being Miss
Devers and Mrs. Fisher and their friends. The
judge read his decision, remarking first that
ne had looked over a number OF habeas corpus
cases In which appeals were taken.
THE DECISION.
The decision is as follows:
"From the order of the undersigned award
ing the custody of the infant to petitioner re-
spondent appeals to the Court i'll General
Term.
1.-The question now is what shall be done
with the child while the appeal is pending.
Respondent is anxious to keep him and petit
toner equally Cat least) anxious for his imme.
date restoration to her.
First let me say: There is not word in this
case to indicate that petitioner is, as has been
suggested, dissolute woman. but on the con-
trary, all the evidence to which the court would
listen on that subject indicated that she is what
her face unerringly indicates-a true, honest
brave, and good woman. On the other hand
nave Deen impressed that the respondent Is
above reproach, unless, indeed, her conduct in
connection with the child and with his whole
lifetime be an exception, and as to that l am
glad that a tribunal is to be resorted to where
the whole question can be reviewed and again
passed upon. Certain it is this child has been
treated by her and her family with uniform
kindness and affection.
But, after ALL so far it has been judcially de-
termined that the petitioner is the mother of
the boy. l think she is. III she is it is cruelty
to her to take from her her child even tempo
rarily. / do not see how / can, consistently
with the decree which have made, order il.
IF such decree be reversed then she must
give up the boy and restore him to Mrs. Fisher.
But until such reversal do not think she ought
to be required to.
Therefore, on petitioner giving bond with
sureties in the sum of $1,000, the custody of
the child during litigation will be committed
to her."
THE MOTHER LOOKING FOR BoNDsMAN.
The order was then signed and the petitioner
left the court room to secure bondsman that
she will produce the child in the appellate
court and will observe and abide the order and
judgment Of said Court in General Term.
Claret Cup and Champagne Cup.
From the Boston Herald.
The English pride themselves on the various