The morning times., 1897-02-21
She CANNOT HAVE MILDRED.
Judge Cole Decided Against Mrs.
Ada Sturges.
THE QUESTION OF CRUELTY
He Said the Evidence ON That Point
Was Conflicting and Did Not
Pass Upon 1.-THE Board of
Children's Guardians Sustained.
The, Decision.

| Mrs. Ada G. M. Sturges was yesterday
refused the control of little Myrtle Grims-
| ley. otherwise known as Mildred Sturges
| She adopted the child from the Board OF
| Children's Guardians, in 1894, but was
| relieved of its care by Agent Lewis some
| time last fall.
| The Board of ChildreE's Guardians sus-
tanned its action by claiming that Mrs.
| Sturges was a woman of violent temper
! and had subjected the Child to cruel treat
| ment. Mrs. Sturges and her husband, John
! M. Sturges, brought action by writ of
! habeas corpus to regain Mildred, and after
! much conflicting testimony Judge Cole yes
| terday discharged the writ, and remanded
Mildred back to the board. Mrs. Sturges
| counsel Will appeal from the decision.
| The court, in disposing of the case, held
| that 1t was not its province to decide upon
| the facts, except so far as to determine
| whether the action of the board had been
| taken arbitrarily, unjustly and unfairly.
| Judge Cole said that he gave to the
| action OF the board the same weight as
| he would give to the verdict of n jury, and
| could not, and would not, set aside such
| action except under circumstances which
| would have justified the setting aside OF
| verdict OF a jury. If he had been in the
| place Of the jury, however. and charged
| with devising the fact whether the child
| had, at any time been cruelty treated or
was likely to be cruelty treated in the
| future, he would have had great difficulty
| in reaching decision, as the evidence was
| very contradictory.
| But the courts position was not that
| OF a jury. The members of the board
served without compensation, and were
| gentlemen OF good repute, and it was to
| be assumed that they acted fairly justly,
and impartially, and not hastily, arbi-
| trarly, or with malice. Judge Cole ruled
| that it was not his duty in the case to
decide further than that the board had
| not acted improperly, nor arbitrarily.
| While he admitted the evidence was very
conflicting, yet he thought the board had
acted after proper Investigation, and not
upon mere rum r. he, therefore, re-
manded Mildred back 10 the board.
This was preceded by the taking of the
final testimony, which opened with Mr.
| Sturges onthe stand
Attorney Ashley M Gould represented
| the Board OF Childrcn's Guardians. and
| questioned MIR. Sturges regarding an In
terview between himself and Agent Lewis.
| This interview Mr.. Sturges admitted 1t
was in New York. He denied having told
Agent Lewis that Mrs, sturges was a
woman OF violent and unreasonable tenn
| per and that he had TO interfere several
| times with her correction of Mildred.
Emma Morocco, a young lady who lived
with Mrs. Sturges from August, 1884,
until a short time ago, stated that she
had been employed principally TO take
care and look after Mildred. She de
Sturges whip Mildred. who always seemed
fond OF her foster mother. Two affi-
davits, one signed by Mrs. Augusta VIII
mer, and the other the statement of Irving
Griswold, were read by NJ Wells. counsel
for Mrs. Sturges Both affiants had re-
sided in the Sturgcs home, and testified
that she was a woman of even temper and
mild disposition. Neither knew of any
illtreatment of Mildred by Mrs. Sturges
Agent Lewis took the stand in rebuttal
and asserted positively that Mr. Sturges
had told him that Mrs SturgeS was a
woman of unreasonable temper and that he
had interfered with her correction of the
child. This interview was during q walk
from the Astor House to the ferry in New
York, and Mr.. Lewis said his memory
was clear on this point because he went
randa OF the conversation, which memo
randa he still possessed. Mr.. Lewis re-
ferred to an interview with Mrs. Sturges
at his office. He said she was violently
excited and very angry, and he sent for
Mr.. Hensey, her counsel, to come. They
endeavored to quiet her.
Richard p. Evans testified that Mr..
Sturges had told him in a conversation
that Mrs. Sturges was excitable and often
violent over little matters. Mr.. Evans
said he was counsel for Mrs, Garfield, who
resided next door to the Sturges'. She
had complained to him about Mrs Sturges
being abusive.
Mrs. Ashby. who had given testimony
before that Mildred carried woun,i on
her forhead as the result of her being cor
rected. denied Mrs Sturgcs assertion that
the abrasion was caused by "a fall in the
bath tub.
Mrs. Garfield, when placed on the stand
thought her former neighbor had most
ungOvernable temper. and claimed that she
had called Mildred an illegitimate child
On cross-eyamination Mrs Gafficld all
mitted that she had not, in later years, been
on speaking terms with Mrs. Sturges
Mrs. Scribener, called TO testify on behalf
of the petitioner, asserted that she had
heard Mrs Garfield eXclaim on one occas-
ion that she would get even with Mrs
SturgeS.
Judge Cole declined to hearthe statements
of Stuart Franz. a ten-year-old boy, who
was called by Mr.. Wells. and this closed
the evidence in the case. Thecourt informed
counsel that it was unnecessary to argue IN
the evidence, as he understood it perfectly
we'll Argument on the law was. however,
begun by Mr.. Wells and closedby Mr.. Gould.