The Red Cloud chief., 1897-07-02

her children. The papers were served
on the defendant the other day In the
supreme court Of Orange county, at
Newburg, N. Y, where Mr.. Costello
had gone to answer a writ calling upon
him to produce the children. TWO
months ago Mrs. Costello brought ha-
beas corpus proceedings against he
husband to secure the possession OF her
6-year-old son, Robin, and her Swear
old son, Thomas A. Costello. Mr.. Co.'S
tello had the two little boys in his pos
session and placed them in a boarding
school at Cornwall Heights, with strict
orders to the principal not to let his
(Costello's) wife see them. After try
ing in vain several times to see her
little boys, Mrs. Costello brought this
suit. When II first came up Mr.. Co.'S
tello was absent In Mexico. and Judge
Hirschberg postponed argument to al
low him an opportunity OF being pres
ent. Judge H%irschberg ruled that as
the children are in the possession OF
| Mr.. Costello, and there has been no d.
! worse proceedings between the couple,
| Mrs. Costello could not have possession
of them, but that she could see her boys
occasionally, while they were at school.
They chung to their mother as long as
possible while she was in the court
| room. While in court Mr.. Costello was
served with a summons and complaint
in a suit for limited divorce. 1t Is al
legged that Mrs. Costello's lawyers had
been trying to serve the papers on her
husband for some time, but could not
catch him, and that the habeas corpus
proceeding was merely a clever ruse
for the purpose Of getting him where he
could be served.
In her afidavit Mrs. Costello tells a
long story of abuses and suffering dur
ing her married life. The defendant Is
a son OF Patrick H. Costello, who
founded the town of Costello, Pa, and
handsome man Of forty; Mrs. Costello
Is six years his junior. His home Is In
| Niagara; Mrs. Costello came from Cam
den, N. j., and Is at present living in
Newburg. The Costellos were married
in Camden. N. j., in 1881 and had seven
children, only three Of whom are liv-
ing. These three are boys. The eldest
il IA years Of age; the youngest Is G.
All three are at school. one In Buffalo
and the others in Cornwall. In her
complaint Mrs. Costello alleges that
she always has conducted herself to-
ward the defendant Is q faithful and
obedient wife. but that he. disregard
ing his duties as q husband and father,
has, during nearly the whole course Of
their married life, treated her in a cruel
and inhuman manner, and rendered 1t
unsafe and improper for her to live
with him. Soon after the marriage,
says Mrs. Costello, she moved to Olean,
N. Y, putting up at a hotel at which
her husbands mother, sister, brother
and sister-in-law were stopping.
When Mr.. Costello arrived at Olean,
he insisted on his wife's moving out
Of her comfortable apartments and TAX
ing rooms in another hotel, which was
cherries and uncomfortable" He said
that his mother objected to his wife's
presence in the same house. Costello
in 1884, without provocation, she al
leges, seized and threw at her a wooden
bracket, "sorely wounding and bruising
her head and causing 1t to bleed" In
1892, when her youngest child was two
months old, "he caught her around the
neck and nearly choked her" In 1884,
he threw a brick at her. She lodged
the brick and It tore a hole In the wall.
Mrs. Costello furthermore accuses heI