New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-03-03
Is SHE RESTRAINED OF Her LIBERTY
THE HEIRESS or 100000 REFUSES TO RETURN
TO HER FATHERS FAMILY.

Judge Beach, In the supreme Court, Chambers yes
terday heard a long argument upon all application ~
remove Mrs. Catharinc Z. Syms as the suaiu''n %
Frances Mary Syms, the ADOPTED daughter OF Ae' I'
husband. Mrs. syms is the widow oil N4AaHi o.
Syrs, who bequcathed $3j0OCO 70 found ana p"d '''
operating theatre for Roosevelt Hospital l"g Hp
pcaton for the removal Of Mrs. syms Is hi@oc ~
the cblld,s mother Mrs. Cath2Ync A. Kelly. Inc
story which is told is strange one.
The first wife Of william j. -yms was SISTER u
Mrs. Catharine A. Kelly, the petitioner III lI's ''7"
Mrs Kelly lad three children. In leo MI - ''s
adoptcd Frances Mary Kelly, who was 'hch aDou'
ton years old. lie took her to bis nome al No. aft
Ffthave where she has since lived. Not Iohe "'''
the cbld was adopted the first Mrs syms dicd ana
MIR sy1ls married again the defendant in TINS sun.
Mr. syms by his will established trust i"hu VI
10000 for the child he had adopted TIC INCOME "
the trust fund to be used TO educae nel UNI
she became Of age. If there was any accr"eo i"'',
when she reached the age Of tNenty'onc sue was ~
receive it and the whole income OF the iHhu loF '"c
remainder Of her life. II she shouiu nave any '''" ="
al her death the money was TO 30 TO them aOso
,uto,v and # not II was 10 90 to Mrs. SynIs
Mrs Kelly. and her husband, Thomas j. Kelly
say in their petition which they have presented 70
the court, that the child was given to Mt. sy"'
rnon condition that she should be brought up III
the Roman Catholic faith. They declare thaI ths
nromise has not been kept. The kcllys also uc'a'c
that they
that when they call they are always told that sho
Is not at home They declare that the young womah'
who Is now about seventeen years old, is not allowed
IN 60 out and see her friends or TO have theih
call at the house They declare tiiat MIS- sIH's =
trying TO prevent the girl from marrying 50 'h"' i
syms will receive the 100000, and that the erl Is
restrained of her liberty. Robert II. Syms, son
of Samuel X. Syms, made an affidavit, In Wmch ho
said that he had been the child'S tutor lie declared
that she had been restrained, and that no one was
allowed 10 see her. lie engaged. he sald' 50
that no other person could see the child When no
presented his bill of $50 for his services Ms.
Svms told him not to be mean with himself anu
that he might just as well double the ull' d. Sio u'
not want any of "Fannys' income to accumulate
Amdavts were made by several servants, in which
they all testified that the gill was restrained
Of her liberty. one servant SAID th''
Mrs syms had told her that if the hellys MADE any
trouble she would have Fanny on steamer ana III
Europe before they knew 1t.
The young woman in court herself yesterday
while the case was being argued ana she toid 'li4
LAWYER who appeared for the Kelys in open court thai
some Of his statements were not true. George w.
De Witt who appeared for Mrs. oyms said tAat 80
was in consultation with Mrs. syms and the young
woman when the papers in the present proceeding were
served Miss Syms thereupon Immediately sat down
and wrote out herself answer to all the allegations
contained in the petition. The young woman hau ass
express cd strong desire to SPEAK 10 e JHusc pIN"oH
and explain the whole matter. The lawyer ioid he'
that this was not exactly the proper course, but he
took the answer which she had prepared and III
corpOrated the young wOmans language IN the alhdaV
which he had prepared and which he read. NAHe ny
was reading the young woman nodded her he'lH EN-
phatlcally when he made any declaration denying tt
slcgaLOns contained IN the pcuuOn.
she declared that she was under 10 restrain; D''
on the contrary she allowed to 20 about WIN i-
crca' test freedom. She declared cmphatcdly thdt sl.
would never go back with her father and mother ana
said that she never wanted 10 sec them AGAIN SOl'
of the Kelly family had cOac 10 sec her aud tIlcu 1,
poison her mind against Mrs. symS ana she ad toIl
Them to go away and not return. Ii they htd any
communications fOy her they might send II III letter
Her faler came To see her once While hc was uhdc
the influence OF uquOr Mrs. Syms had asked her L
kiss Mr.. Kelly, and she had done 50 reluctantly be
cause his breath smeed Of liquor. After mat she la
told the 10 ADM any OF the heys tC
see her again. She allowed perfect freedom II
her religious worship and attended the Cathedi;.
regularly. In fact Mr.. Syms had wished 10 break NJ
| promise in this respect, but Mrs. Syms would no
| allow him to do So She wanted TO stay with M
Syms and declared that the latter tTeaU Her VIII
| blindness and allows her perfect freedom.
Judge Beach reserved his decision.