The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1890-06-01
THE FARCE ENDED.
Judge Zane Squelches Mrs. Fitz.
gerald's Foolish Notion.
THE SNOW HABEAS CORPUS CASE
The Two Stringham Girls May Live With
Whom They Please, and They
Prefer Their Aunt.

Some time ago one Mrs. Fitzgerald made
application to the Third district court for
a write Of habeas corpus to require Mrs.
Elizabeth Snow to produce Sabra and
sylvia Stringham in court and that their
mother, Mrs. Mary j. Stringham, be
awarded the custody of them. The
affidavit alleged that the girls were re-
strained Of their liberty and were to be
taken TO Mexico and married into polyg-
amy. The case came up for hearing before
Judge Zane in the Third district court yes
terday morning, aud the investigation
showed conclusively that every material
allegation contained in the affidavit was
untrue
Mrs. Snow was not present, but was re-
presented by LIE Grand Young, while G.
o. Whittemore and MIR Armstrong ap-
peared for the applicant, Mrs. Fitzgerald.
Mr. Young first read the following Aft
davit of Mrs. Snow:
In the district court in the Third judicial
district, Utah Territory.
In the matter Of Sabra @. Stringam and
Sylvia G. Stringham, an habeas corpus.
Now comes the said Elizabeth Snow, and
for answer to the petition OF the said Kate
Fitzgerald denies
That the said Sabra G. Stringam and
Sylvia G. Stringam are unlawfully i'm
prisoned or otherwise detained or confined
or restrained of their liberty by her, the
said Elizabeth Snow, or by any one in her
behalf
The said Elizabeth Snow denies that she
has refused or does still refuse to give SAID
children into the custody of their said
parents, and denies that it is her object
or ever has been her object or purpose to
marry said children or either of them into
polygamy or for the accomplishment of
that end, to remove them to the Republic
Of Mexico or elsewhere: and denies that it
ever has been her intention or now is her
1 intention to compel said children to marry
against the wishes of said parents. Affiant
admits that the mother OF said children,
Mary j. Stringanl has been in ST George
for the purpose of taking the custody and
care of said children; but affiant states that
said children, each Of them, have, refused
and still do refuse to accompany their said
mother.
Affiant further states that she never has
refused to deliver up said children and she
now alleges that they are subject to the
order of this court, and are at perfect lib
erty to depart with their said mother if
| they so select
Affiant further states that she is in poor
circumstances financially and is unable to
travel or to furnish means to pay for the
! transportation of said children from st.
George to Salt Lake city, and she so in
! formed the mother of said children
Affiant further states on information and
belief that the said Mary j. Stringam and
George Stringam are unable or unwilling
to pay the fare of their said children from
St. George to Salt Lake city and they have
taken this method to compel affiant to go to
the expense of transporting said children
| from st. George to Salt Lake city so as tC
get them at the home of their said parents
and under their influence at the expense OF
| aifiant.
Affiant further states to the court that
she had the care and custody of said chill
dren for the past ten years; that she cared
| for them and educated them at her own ex
pense and without charge to either parent
that she took them by the wish and solici-
tation of their said parents and is perfectly
willing 20 rear them to their majority, but
if said children desire to leave affiant anC
go with their said parents, they are at lib
erty to do so, but affant is not willing no
is she able to pay their passage from St
George to Salt Lake city.
Affiant further states that the said Katt
! Fitzgerald, as she calls herself. is an unfi
and unworthy person to have the care o.
said children; and that she is informed anC
believes that their father should not havt
the care of these little girls at this tender
age of their lives, wherefore afT1ant ask.
this honorable court to modify it's order il
regard to her coming and bringing with he
to said court said children named in sal,
writ, and that she be not adiudged in con
tempt for not complying with the order o
said honorable court in that regard.
ELIZABETH r. AsHBY Snow.
Miss Sylvia Stringham was then eailet
and testified: | have been residing witt
my aunt, Mrs. Elizabeth Snow, at ST
George for some years past. | have neve
been deprived of my liberty nor prevente,
from returning TO my parents if 1 so de
sired; while at St. George have attended
school; / have never been advised to 60 int
poygamy nor to marry any one; l hav
never been taught polygamy.
Mr.. Whittemore-Well, have YOU eve
heard polygamy talked of at Mrs. Shows
The Witnass-I suppose l have heard i
talked Of, but it has never been taught t
ne.
The Court-Well, that's not materia
Mir. Whittemore. | suppose we have a
heard pclygamy talked of. l cannot Sc
that that has any bearing on the case.
Miss Sabra Stringham was next called
She testified: ] live with Mrs. Snow at 81
George.
HAVE NEVER BEEN RESTRAINED
of my liberty, but have always been toll
that / could return to my parents when
ever ] wished to | have never bee
asked TO go into polygyamy, nor has til
subject ever been mooted. l have neve
been asked to marry any one; | have hear
that SaltLake was not as good place fo
young girls to live in as st. George n
one ever told me that my parents were M
fit persons to live with. When my mothe
was at ST. George we were willing to CON
up with her on visit, but not to stay NJ
sister AID / do the household work at Mr.
Shows. l have been to school two win
tiers.
Mrs. Mary ]. Stringham testified / re
side in this city part of the time and PAL
/ Of the time in Bingham canon, The tw
girls who have just been on til
stand are my children. For the pas
ten years, they have lived at Mrs. Snow
at St. George Mrs. Snow is not ut pc
, son to have charge of my children. The
arc merely servants at her house and wne
they finish their work they dress up an
go out on the streets until 10 or II ocloc
at night | was at ST. George recent
and wanted the girls to come home wit
me and see if they would not like to liz
with me. At first they were willing
come, but Mrs Snow objected and the
then refused to come
The Court-Are you able to care fl
these girls.
The Witness-r am.