The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1892-02-27
A VINDICTIVE WIFE.
Rachel Hart Follows Her HuS-
band East.
Judge Levy Varies the Decree and Says
Philip Hart Is in Contempt for Taking
His Child to New York

The information comes by wire from New
York that on Tuesday last Judge Ingraham
of the Supreme Court of that State issued a
writ of habeas corpus for the production in
court of Gertie j. Hart, child years of
age, whose parents. Philip and Rachel Hart
formerly resided in this city aud were di-
vorced by Judge Levy last March.
Many readers of THE CALL will remem-
Der the great scandal caused in Hayes VAL
ley social and musical circles on the night
Of October %, 1890, when Philip HART dis
covered his wife in the back room If his
musc-store, at 3OG Hayes street, with Mayer
Cohen, a candy-drummer.
Louis Herzog. one Of the witnesses of the
incident, interviewed yesterday, said Il
knew Philip Hart well. He and his wife
kept a music-stOre at BOG Hayes street On
the night of October % Hart came to me ana
told me that he thought his wife was I'M
faithful to him, and that he had reason
10 believe that one Mayer Cohen, a
member of the choir at the TuTk-street
Synagogue, was her guilty paramOur.
He asked me if l would follow Cohen from
the synagogue that night. and see if he
went to visit his wife. | accordingly fo;-
lowed Cohen from the synagogue to his own
house, and thence | tracked him to Harris
muSic-StOTe, where Mrs. Hart gave him adj
mittance. This was about II O'Clock. She
was in San Francisco, but believed him to
be travelling East l Immediately reported
the circumstances Of Cohen being in the
house TO Hart who was in waiting at a
neighbours close by We then sailed forth
with two other friends, whom we stationed
at the back door of the house
GAVE HIM A THRAsHING.
Hart and l effected an entrance through
the front. We burst open the inner door
leading into the parloT, and there we found
Mrs. Hart and Cohen. The latter made a
dash for the back door, but was seized and
brought back by Edward Halferty, one of
the men we had stationed there. Then in
spite of his wife's screams and Temon-
stTances Hart administered a sound thrash
ing to the rascal
Mr. Hartiinstituted proceedings for di-
vorce against his wife forthwith, and she
left him Immediately after the fracas l
speak of. For the sake of his little daugh-
ter's name in after life Hart rested his case
solely On the ground Of deSertiOn and de-
cree was granted him last March by Judge
Levy, giving him the sole custody Of the
child, but With permission to the mother TO
visit her once a week.
In the meantime Hart was thoroughly
broken up with grief at his domestic
troubles, and hearing that his late vile in
tended to steal the child at the first OppOT-
tunity she had ne made up his mind to sell
his business and go to New York, where he
mas wealthy CObUeCliOuS.- 1 HIS lie ulu, ltk-
ing the child along with him, and he Is now
established at 50 Warren street, In that city,
as the agent of some Of the leading firms in
San Francisco. | see she has followed him
now, and is attempting TO get the child ,
away, alleging that he has broken the Cali
fornla law by taking her out of this State"
THE POINT WELL TAKEN.
When Judge Levy was seen upon the sub
ject, he said: Il remember the case; the
husband took default. and gave him the
custody of the daughter provided he keDt
in California within the jurisdiction Of the
court. He took her away to New ! Ork. and
is, therefore, guilty of contempt for remOV-
ing her outside the jurisdiction without an
order from me. Last Friday / varied the
decree and gave the wife the sole custody OF
the child. / do not think any notice Of the
hearing of the application to vary needed TO
lie given to Hart after his willful contempt"
What is your opinion as to the point
taken by Harris lawyers in New York that
the child is now outside your jurisdiction
and under that of the New York courts;
therefore, the habeaS-corpus proceedings
taken there and based upon your variation
Of the decree must fail ?" was asked.
II am OF opinion that the point is well
taken" said the Judge. 81 do not think
the habeas-corpus proceedings will hold
good. If the wife wishes to obtain the child
she will have to make good showing that
she is proper person to take care Of her l
would not have given a woman Of her char
acter the custody of any chlld but for her
husband willful disregard of the conditions
OF the decree"
The result of the proceedings in the New
York courts will be awaited with interest
by the many friends and aCquaintauceS Of
the Hart family in this city,