The morning call., 1894-10-10
Clara FoItZ and Martin Stevens
Fight a Drawn Battle.
EXCHANGE OF LEGAL COURTESY.
Mrs. Emma Coles Writ of f1abeas
Corpus Discharged, While She
Returns to Her Husband.

Cole and her husband, Arthur, especially
with reference to the custody OF their IN
FAINT child. Alice, TO secure possession of
whom Mrs. Cole had sued out a writ OF
habeas corpus.
The circumstances of the case had at
tracted good deal of attention OF late.
Arthur Cole and his wife had lived upon
more or less bad terms for some time past
1t was said that Mrs. Cole objected to her
mother-in-law. as well as TO her husbands
sister. Anyhow, as she had little money
in the bank when she espoused Arthur,
and this money went the way OF all things.
she cut short the domestic difficulty by
clipping from the obnoxious d0micile with
the child she deemed exclusively her own
possession. Then she retired to haven
of rest situated at 929 Shotwell street, the
residence OF her brother. William O'Far-
rell, and bis wife.
But Cole eonld not do without his child,
even if the absence of his wife filled him
not with grief or despair. BE made an IN
effectual attempt on September last to
take his child away from the arms OF its
mother. That scheme failing, however,
he had recourse 10 the Society for the
Prevention of Cruelty to Children. per-
sonited by Officer Wells of that ilk.
Wells accompanied him on Friday last to
the Shotwell-street house, and while en-
gazing Mrs Cole in conversation Arthur
Cole found means to kidnap the child in
the most dramatic way, and jumping into
q buggy with his sister bore the little girl
off to the home and shelter of his mothers
residence at Ill Fair Oaks street. Thence
Mrs. Cole sought 10 remove her offspring
by the proceedings of yesterday.
All parties assembled in court, the hus-
band bearing the little girl in his arms,
and accompanied by his mother and sister
and their attorney, Martin Stevens, on the
one side, the other division Of the family
camp being represented by the injured
wife, her mother and sister-in-law, MIR.
aad Mrs. William O'Farrell, and their at
torney, Mrs. Clara Foltz Judge Hebbard
took his seat with some misgiving, ard al
most quailed when Mrs. Foltz rose up and
faced him with resoute determination of
an almost aggressive character in her
men.
Mrs. FoltZ pleaded strongly that the
child be restored 10 It's mother. She spoke
of how the unworthy husband had come
TO his wife penniless and how she had pro-
vided him with a home, money, jewels,
etc. 1t was hard case, said Mrs. F0lz
.
pended her mother-in-law had treated her
with ignomIny, as had her husband and
his sister. Life was unbearable to her, so
she had been compelled to leave the FAM
lily roof and settle elsewhere with her
child. a mother was the natural custo-
dian Of her child. and the law should in
sist upon her retaining this privilege.
Martin Stevens was heard to remark
hot ho aooo diry hor l..
the correct proceeding to take in case
like the one at bar. There might be taken
a proceeding for divorce. or even an ac-
ton for The custody of the child. In either
case Mr.. Cole was willing to furnish his
wife with the necessary money to bring
such action, but the issue could not be de-
termined by habeas corpus proceeding.
Mrs. Foltz said this might be the law,
but she did not think 1t was justice. 1t
was an appeal to humanity, she thought,
and right ought to triumph over might
Judge Hebbard, however. said that he
had absolute jurisdiction in such a case.
The result of such 4 proceeding as this
might not be as eminently satisfactory as
one of the proceedings suggested by Mar
tin Stevens For in a habeas corpus pro-
ceediug the dissatisfied party had right
ever, that had nothing to do With the ques-
ton Of right or wrong, and bis Honor was
prepared to hear evidence at once.
So Mrs. Cole took the stand, and with
much evident distress told her tale of woe.
in response to questions from her attorney,
Mrs. Foltz. Meanwhi e, Martin Stevens
looked on with humorous CLEAN in his
eye and awaited developments.
Mrc Coio pa foIn tn
had no employment just now, nor had her
brother and his wife with whom she lived.
But it was all right about the home. She
and her relatives could we'll provide for
the little girl in every way that was de-
sirable.
Even now Mrs. Cole was expecting some
employment. But she was willing to do
anything rather than go back to live with
her husbands relatives. They had shame
fully ill-treated her.
SLOW did they ill-use your" asked
Judge Hebbard.
"They snub5ed me-" was the reply.
"But your husband did not ill-trea,
you. did hep"
'Oh, yes; he did. He never acted right
to me-"
Soon it came to Martin Stevens turn 10
speak of, was it noHthat of a spotter on a
street railroad? ?"
Mrs. Clara EoltZ few into state OF ex.
element at once. THAT is most i'm.
proper" she said. 81 object to the term
used as being insulting"
Martin Stevens shrugged his shoulder:
and spread out his hands ALPHABETICALLY
81 call upon your Honor TO decide if tba
is not proper term. 1t is a ell-knowr
calling"
Judge Hebbard said he thought he had
heard of such things before. Was this tn,
profession?
The witness was understood to say tina
it was not exactly the right term to use
She was to be in the employ of the rail
road, however.
Mrs. William OFarrell Of 929 Shotwell
street gave corroborative evidence regard
ing the abduction Of the child, Alice. Sb,
said she was always ready and willing t,
provide for the child and its mother. He
home should be theirs.
William O'Farrell gave similar testi
mony. But Martin Stevens had question
or two to ask in cross-examination.
you're not working now, are yon?"
mo, sir.
"When did you work last?"
s'Some months ago."
eDidn't you, one day in May last, at