The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-05-21
BURKE-R0CHE QUARREL UP
HUSBAND GETS A WRIT AGAINST
FRANK WORKS. DAUGHTER.

He Says She Is Keeping His Daughter Gym
thia from Him-The Mother IL In New
Jersey and Justice BeRch's Order to Pro-
duce Her Daughter Fails to Reach Her.
On allegations that his former wife. Fannie.
daughter OF Frank Work. is keeping their
daughter Cynthia. 10 years old. under re-
straint at 10 East Tventy-sixth street. James
Boothby Burke-RoGhe OF London obtained a
writ OF habeas corpus yesterday from Justice
Beach OF the Supreme Court requiring the
mother to produce the girl in court on Tues
day morning. When u process server called
later in the day at this house. which 10 tho
residence Of Frank Work. he was informed
that the mother OF the girl had gone visiting
in New Jersey and would not be back for .
week or ten days. SO that no service was Of.
fected.
Tho petitioner. who signs himself james
Roche" was elected a member Of Parliament
in 1896 from the Eastern division OF the
County Kerry. Ireland. and 10 q brother OF
Baron Fermoy. He was born In 1852 and 10
a graduate Of Dublin University. He lives at
90 st. James street. London. and is u member
Of the Bucks and Nottingham clubs. &c 10
temporarily at the Albemarle Hotel. whence
he has made frequent sallies In the past few
days to the nearby residence OF his father-ln-
law to SEQ his daughter Cynthia. As these
eUOrtb wore 1FultleSb ne eulplOyou Lawyer
Elisha X. Camp to bring proceedings.
The marriage OF Miss Fannie Work to
Roche in 1880 Is understood to have been or
to have become distastsful to her father. on
the ground that Mr.. Burke-Roche had never
done anything to earn q living. When the
daughter separated from her. husband in
1885 she was received with her daughter
S Sys's sine at the l.si ao%' e %h her ch tffh'F ty Th ! s sss
born In 1888 and twins were born In 1884,
who are named Edmond Morris Roche and
Mrs. Roche returned to her father with Gym
" S5q nh h. ,1 IN ns Al Nj i5, %Sff ~ III + + ss sS,d In sRSt
and took his departure without more adieu.
Frank Work stated at the tins OF the sepa-
Creased to sY2.66656 SG a year ,'q Large Te'f Bins sc were ere
th to him. and It G Was suld th StHttfhe the f urn pr1se Of KS
daughter and her husband was once sliced in
Lond9n for obligations that were not paid.
ter,came home to him.
The HUSBAND, says in his petition tina. he
ration by which he permitted her to have the
custody Of Cynthia on the understanding that
he should have the privilege OF seeing the girl
should be agreeable to him and her mother.
He ayers that he has several times awaited
Mrs. Roche went to Delaware in 1891 and
obtained an absolute divorce on the ground
that her husband had deserted her and failed
ton. and she claims the custody of the. chill
dren under the decree. Her husband disre-
CARDS the decree SO far as It affects his rights
not personally served with process 1t is ~inefIec-
tual against him. Besides. he urges that his
wife became o British subject when she mar
ried him and that under the laws OF Great Brit
ain he cannot be dsbarred from seeing his
children.
He says he knows that his daughter is anx-
ious to see him. but he fears the mother has
been sstrapging her from him. He has writ
ten several letters to. the Kirl since he camo
here. but has received no answer. and he be-
lieves the letters have been intercepted or the
girl would have answered them. Through
his counsel he wrote to the mother Of the girl
last Thursday. demanding that the child be
sent to the pqrlors Of the Albemarle Hotel. so
The mother received the demand and sent
back word that the girl was away at boarding
school. She declined to say where the board
ing school was. and her husband says in his
petition that he believes this statement IL but
a pretext and that the girl is in fact under re-
stralnt at the Work residence.
He declares that he has always been a good
father to the gil and saw. while he could. that
she was being brought up properly. He says
he is very fond OF the child.