The sun. [volume] (New York [N.Y.]) 1833-1916, 1892-06-17
GOT ANOTHER FATHER NOW.
TEE YOUNG EUKUCKs ARE IN yER-
ser IN SPITE OF COURT DFCRHkS

L
Albert T. Mitchell. q brown bearded. power
fully built lighter captain In the employ OF @
| H. Mallory Il Co.. shipowners. was tried yes
| terday in the General Sessions. before Judg,
| Fitzgerald upon an indictment charging him
| with kidnapping Hattie L. and Meta j. Ku
kuck. aged IA and II. from the homo OF theil
| father. william II. Kukuck. at 100 East Eighty
| sixth street. on April 5. and taking them x
| Hoboken. to the homo Of Kukuck's divorced
| wife. Kukuck obtained decree Of absolute
| divorce from his wife In tho Superior
| Court, in this city. in 1880. Mitchell
being named as the correspondent. The
| decree awarded the custody OF tho children tc
Kukuck. but his divorced wife took them tc
New Jersey. and he did not obtain possession
OF thcm until Jan. 25 last. when they were do
livered to him. by order OF the Court OF Chan.
Gerry. in Jersey City. Mitchell and the divorced
wife lived with tho children at 100 Fifth street,
Hoboken and 1t was to this house that Mitchell
was charged with taking the children when he
Kidnapped them in April.
william II. Kukuck. the complainant. q
slender. well-dressed young man. testified
that the children attended the public school
In East Eighty-seventh street. and that he
took them on the morning OF April to the
corner OF Park avenue and Eighty-seventh
street and left them to 20 down town to BUSH
ness. Shortly after 1 o'clock he received q
telephone message that the children were
missing. He went home and tho m essage was
confirmed. He then complained to the police
OF the Eighty eighth street station and was
referred to Police Headquarters. On the
evening OF April Z he and Sergeant Mccarthy
went to. Hoboken and found the children In
Mitchell house.
Lya Mills testified that che lived At 1 1919
East Eighty seventh street school. AS she
Kukuck children ut Park avenue and Eighty
sixth street. On the 9th Of April again. at the
Testibue Of house. in PARK avenue. Setwee ee
Eighty,sixth md Eighty seventh streets. As
tho kakuck children appeared on their way
vestibule and talked with them. The witness
went home and told her m other. Her mother
told her to tell Mrs. kukuck. Kukuck's new
Detective Sergeant Mccarthy. Detective Gal:
lagher. and kukuek testified to the recovery OF
Mitchell testified that he did not INDUCE the
children to leave their fathers home. He met
street on the lst Of April ut their mothers re.
quest. She was anxious about them, and
asked him to see whether they were still liv-
they were happy. He asked Hattie how they
were getting along at home. and Hattie said
II he could not take them to their mother. He
be arrested. Then Hattie said that they we're
determined to go to their Mother. even II they
the 9Th Of April. He was at work at Pier ~ u.
Ne On ee, ar @ Mitchell admitted that
he was nam ed as the correspondent In the d.
yoree between kukuck and his wife: but he
existed between Mrs. ,Kukuck and himself.
He had n, married her On Apri! x last
Hohoken. testified that she saw the Kukuck
children get out OF street car and walk to-
mother. and she seemed to be surprised and
Mrs: Ella Howard testified that the children
said that they had run away hecaus they were
cruelty treated ut home: They said that they
did not get enough food. and that their linen
they. were turned over to their father. The
children were supplied with food and with
Hattie KuKuck. the older of tho two children.
was called. She is u fragile dark complex
Toned child. and wore glasses. She had on a
cherry ribbons. She testified that she attended
school and church. and Bible class. Mitch
ELL did not prompt her or her sister to leave
father. having learned Of her talk with Mitch
ell on the way home from school the day be-
and she told him. At the. breakfast table her
father asked her whether ,she loved her
she could not decide Then he held open the tn.
door and told her to decide at once or leave his
house She REPLIED that he had told her to
would not have third opportunity to do so.
She and her lister were unkindly treated by
properly cared Tor and their clothing was vas
neglected. So. on the morning OF April
she determined to return to her mother. whom
and she knew that she would want 40 cents for
car fares and ferriage to her mothers home In
her unkind stspmother TO buy. lunch for her
younger sister and herself. and then. instead
fn ha nd ne eli CT
happy with their mother. and did not want to
return to their father.
that she wanted to live in Hoboken. not only
because she loved her mother. but because
she had more liberty there ere than In her fathers
one Of Lawyer Houses clerks, a large.
witness stand. and sat close to her while she
testified test As she stepped from the stand he
hr h e IT es und walked Nth
recalled 6mkP %! to the Xtnsss
summons, The child, misinterpreted the ac-
ton. and; clinginG to her big protector; cried
pig clerk ooEea at
told him to stand back Then the clerk led the |
child out of the court room: kukuck was ex-
minutes. Then Dir. Friend said that he si had
Il certainly have no questions to ASK" said
Assistant District Attorney MacDona: The
object OF recalling this man ought to be obvl- |
GUS to every one. Counsel for the defence
9 it's CUSTODY ' He would have the rrht go
take forcible possession Of her 3d. to keep
aver to New jersey s,. again. n he was recalled 70
te n" eh IS fhe
New Jersey"
II protest against any such Infamous con-
,lusion by the District Attorney" exclaimed
Mr.. House 1T Is utterly unfounded."
In his summing up for the defence. Lawyer
4 louise sal d that the evidence had fully shown
hat Mitchell was not guilty OF the charge OF
kidnapping. and that he had not RESTRAINED the
,hiidren In any WAY aiter they reached their
Attorney MacDona said that 1t, was. in his
,articipated In; The us,, unfortunate children
must necessarily derive only unhappineSs
rusted that the jury would lind verdict that
would restore the children to their lawful Gus
odian. the father.
Icquitted Mitchell and he smilingly thanked
HON when he was discharged.
Nj .urhllu Ruya n Rroths, p.-~..~