Evening star., 1896-08-07
SHE GOT HER BABY
Judge Coles Order in the Foertsch Divorce
Case Today.
The Mother Affected to Tears When
She Received the Little One
Allegations Made.

Mrs. Matte &. Foertsch gained the first
point today in her legal fight for the GUS
tody of her child, baby boy OF two years.
Judge Cole directing that she be given the
Custody of the little one until ii o'clock
next Wednesday morning, when the hear
ing on the writ of habeas corpus, obtained
yesterday afternoon by Mrs. Foertsch
against her husband, Charles Foertsch,
will be resumed
In her petition for the writ Mrs Foertsch
| alleged that she was recently compelled TO
leave her husband because of his habitual
| drunkenness aud cruelty, going, with her
| two children, the other a girl Of three
| years, to her mothers hcme, 1896 4I2 street,
and that Wednesday last her husband en-
ticed :nd took away the little boy, refus-
ing to allow her to see have .ccess to
him, although, as Mrs. Foertsch Jmplan-
co, the little one is nursing infant.
The father Of the child was ordered by
Judge Cole to produce it in court at IL
o'clock this morning. That Mr.. Foertsch
did, and Mr.. w. w. MILAN. his counsel,
presented a petition asking for further
time In which to allow the husband 10
answer his wfe's petition.
In this petition Mr.. Foertsch denied his
Vile charge of habitual drunkenness and
cruelty, charging Mrs. Foertsch, in turn
with being an improper and UNFIT person
10 have the little one, because as the hus-
band further charged, of her grossly i'm
moral and unfaithful conduct. The hus-
band complained that he had not time in
which to more fully prepare defense and
therefore prayed the court to allow him
further time to do
Mr.. Obear. representing Mrs. Foertsch,
while not obJecting to the respondents re-
quest for further time, strongly objected
10 the little one remaining in his CUSTODY
contending that the child's mother, rather
a flfh hav' . -ss-
person TO have and care for it,
What assurance" inquired Judge Cole.
can the mother give that she will produce
the child in court next "Wednesday morn
ing, II L turn il over to her now?"
Just then Mr.. j. j. Darlington, the we'll
known attorney, stepped up, explaining
mat he knows the child's mother and her
mother very well, and assuring the court
mat they could be relied upon 10 produce
the infant when desired by the court
Very WELL them replied the judge. as
ne called Mrs Foertsch and her mother,
Mrs. Marders, up before him, Il will place
the child in the custody of its mother /
VIII give the respondent until IL o'clock
next Wednesday morning in which to pre-
pare his answer. Have the child in court
at that time, Mrs. Foertsch"
WILL judge, the young mother joy-
fully replied. her grlsh face beam.ng with
smiles; indeed, she WILL your honor"
echoed her mother
Well. then" remarked the judge, de-
liver the child to its mother"
All this time the little one had been peace
fully sleeping in the arms of a colored
nurse, who sat beside Mr.. Foertsch's sis
ter. The moment the judge made his de-
cision giving her the temporary custody of
Eer baby Mrs. Foertsch rushed over to-
ward The nurse, but, before she reached
her side, Mr.. Foertsch stepped up. and taxi
ing the sleeping little one in his arms
placed ii in the arms of its mother The
young mother clasped it to her breast, and
them woman-like, sobbed as If her heart
would break with joy, she showered
kisses upon her baby.
She could not control her tears, and as
her mother took the child from her. Mr.
Obear led the young woman into an ad-
joining room. She soon recovered her COM
posure and follower her mother out of the
court room, while the :hrong attracted by
the young mothers sobs looked approvingly
on.
AS to the charges made against her by
her husband, Mrs. Foertsch's counsel stated
to the court that they are false. and, at the
proper time will SO be shown to be-