Evening star., 1896-08-12
MRS. FOERTSCH'S BABY
The Habsas Corpus Case Agam Heard by
Judge 0le Today.
Nr. F~ertseh Makes SerI0Ua AHlegn-
DtsprOvcd by Wltnesscs.

Se IpuS, were TSSdHeI UciOIC JudSc Sotc
today. Last week Mrs. Foertsoh filed her
petition for the writ. charging that she and
her hust and, Charles Feertsch, employ ID
at the bureau Of engraving and printing.
Rad recently separated, s'le going, with
tbe-r two children, the child in question
ard little girl of three years, to her
mothers homo. She explained that she
vas forced to leave her husband because,
she alleged, of his drunkenness and cruelty.
Last week, she further charged, her hus-
band enticed and took away from her cus-
tedy and care the child. nursing Efan.,
refusing to allow her to have access to It.
Thereftre she prayed that tile writ Issue
ard that the little one be returned to her.
Judge Cole directed the writ to issue,
and when the father produced the child in
court last Thursday he delivered it to the
custody of the mother temporarily, allow
Ing the hLsba nd Until today to answer the
petition. The mother brought the child
into court today. and when the case was
reached Mr.. W. w. Milans. of counsel for
Mr. Feertseh; moved to quash the writ.
on the ground that 1t had not been verified.
Judge Cole, however. overruled the motion,
hoadang that the husband had submitted
himself to the Jurisdiction Of the court.
Mr.. F'0erisch's Charges.
Mr. Foertsch then made written return
or answer to his wife's petition. In it he
charged that his wife possesses an ungov-
ernable temper. and that she Is addicted
to the use of bad la nguage. of which, he
says. she has often made him the subject.
Last month, he further said, he found a
fetter at his door addressed to his wife in
a disguised, unknown hand. requesting her
TO Keep an appointment at the same place
as before. That strengthen his suspi-
clons. ne declared. aroused by the charges
OF ms mother-in-law that his wife was
guilty of unfaithfulness. But he overlooked
The matter, lie explained because he wished
to avoid the publicity of divorce proceed
ings. His wife flew into temper he
charged. wheE he showed her the letter,
snatoh ming 1t from him and tearing it up.
Ihey were married in February. 1902
ana IN a short time thereafter. he declares,
his wife cursed and abused him DENYING
the charges of habitual drunkenness and
cruelty. he said he has always been a good
husband and father, and has supported not
orly mis- wife and children. but also the
mother, sister and brother of his wife He
SAID that the separation of his wife and
himself " as due to the eItef that she had
been unfaithful to him, his wife's own
lholner ana sister he declared, having for
months accused her of adultery with a
certain man whose name he deemed 1t hest
70 withhold at present. He said ne allowed
ms W,fe to take the two children. but 1t
was his intention to gain possession of
them as soon as possible.
Hit Him With a Tencup,
Then Mr. Foertsch went ON to cbar-e
teacup and with missing him with
stove litter. Once, he said. he had to lock
the door between them, whereupon she
stood by cursing him, and then tried TO
reach him with another teacup through the
transom He admitted holding his wife's
nahds; but in different way, evidently.
from before marriage, for he saws that
while doing so she hit him in the breast.
The bicycle. of course, played part in the
trouble, Mr. Foertsch saying that his wife
shattered a glass bottle across his shoulder
simply because he wished to rest before
riding. His wife, he claims, has forfeited
all claims to his respect, and has, he thinks
shown herself to be an unsuitable person
to have the custody of the children. There
fore, he claims, as its natural guardian, he
should be granted the custody Of the
child, Offering to care and provide for 1t
at his mothers home
His mother-in-law, he says, possesses a
violent, turbulent temper. and INDUCES in
profane and vulgar language. Further
more. he charges that his wife was arrest
ed for assaulting her sister. Ida L. SILL
and fined, he says, for assau ultng a certain
Nettie Lipphard
Upon the conclusion of the reading of her
husband answer, Mrs. Foertsch made an
affidavit, denying his charges, and Judge
Cole adjourned the case until 80 this af-
ternoon. explaining that he would not dis
pose Of the custody of the child upon ex-
parte statements
Witnesses for Mrs. Focrtsch.
When the ease was resumed after re-
cess, Judge Cole explained that the pre-
sumption of the law is that the mother is
the proper person to have the custody and
care of the child. and that the burden of
proof will be on her husband to show that
she Is a person of such bad temper or
character as to make her an improper
person to have 1t.
Tho husbands witnesses not being pres
ent, Mrs. Foertsch's counsel, Messrs. Obear
and Luckie, called one of their witnesses
Susie Snaed. yot ns colored woman.
The witness stated that she Was employ
ed nurse by Mrs. Foertsch wail. she
and her husband were living together
She said she never saw more devoted
or careful mothe- than was Mrs Foertsch
On one occasion Mr.. Foertsch came home
his wife. and wren she said she had no
money he choked and beat her Mrs
Foertsch ran off to a neishbor's and when
she returned in the evening for ner baby
Mr. Foertsch beat her again.
She screamed, and a policeman arrested
him. Before that he had told her she could
not have the child, and had asked the wit
ness for an ak to kill his wife. She had Of
ten seen Mr.. Foertsch come home. drunk
and curse and threaten his wife Once she
said. he locked his wife out. MrFoertsch
came home drunk about every day witness
was with them. She never heard Mrs
Foertsch use bad language. One day her
husband ordered her out of the house and
struck her in the face with his fist.
About Tint Letter.
To Mr. Darr the witness said she heard
Mr.. Foertsch ask his wife about the letter
he claimed to have found, when she said
she hoped Christ would kill her if she
knew anything about it.
Were the children present when she
said that?" inquired Mr.. Darr.
'They were right there" replied the
wftI ess.
Ibid Mrs Foertsch ride bicycIe?'
Never mind about that" Interrupted
Judge Cole.
but, your honor" explained Mr. Darr,
I'VE would like TO show that Mrs. Foertsch
rode the bicycle TO a very great extent
well, suppose she did," remarked the
judge; 'nine-tentEs of the women here
ride the wheel, I presume. woman who
rides a bicycle Is just good as one who
does not, and just as good a mother"
The Wife's Mother Testiies.
Mrs Foertsch was called as tine next
witness, but Judge Cole said he would pre-
fer that neither she nor her husband should
testify in the case. Mrs. Mary Marders-
Mrs Fcertsch's mother, was tnen called to
the witness stand.
Beethoven and the Ladies.