The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1900-06-08

Vice Chancellor Stevens
Gives Winston Custody of
His Daughter.
WIFE DOES NOT APPEAR
The Woman Will Be Punish
ed by Court If She Is
Found.


of New York has instituted against his
wife, Lille, to secure possession CT his
| five-year-old daughter. The wife, it will
be remembered is the woman who,
though married three times to DR.. James
Ludden. the Courts of this State and
New York have decreed is still the wife
of Mr.. Winston. Mr.. and Mrs. Winston
separated and Mrs Winston obtained a
| divorce in Oklahoma. Then she married
DR.. Ludden and her husband began a
| suit for divorce in New York on ac-
| count of her relations with DR.. Ludden.
Mrs. Winston plead her Oklahoma di-
vorce and accused her husband of inf
| deity.
The courts declared the divorce invalid,
| but refused Winston a divorce from his
wife. Mrs. Winston then came to this city,
being advised that her Oklahoma divorce
and marriage to Mr. Ludden would be le-
gal in this State. AS soon as Mr.. Winston
found out where they were he began
habeas corpus proceedings to recover his
daughter. Mrs. Winston was served with
| a writ of re exeat forbidding her to leave
| or take the child from the jurisdiction of
the court pending the suit and she was
I placed under 5000 bonds.
Some time ago the Vice-C Chancellor fol-
| lowed the New York courts and declared
| the Oklahoma divorce invalid Soon after
| that decision Mrs. Winston and the child
Lillian disappeared and no trace could be
! found of them Mr.. Willard Fisk, who
| represented Mrs. Winston, appeared in
court Friday and withdrew from the case.
He said his client had disappeared and he
| was unable to get into communication
with her.
! The writ of habeas corpus was return
| able tnis morning. Mr.. Winston was on
hand with his counsel, Flavel MCGEE, of
| this city, and John J. Crawford, but
neither Mrs. Winston nor any one in her
behalf was present. The Vice Chancellor
waited some little time and then took up
the case. The first witness was John w.
Curtis, of No. 637 Jersey avenue. He said
that Mrs. Winston boarded at his house
with Lillian. She was known as Mrs.
Ludden and the child as Lillian Ludden.
Dr. Ludden called at the house two or
| three times week and always remained
over night.
On May 16, Mrs. Winston left the house
and two or three days afterward her
| mother Mrs. Stone came to the house
and took away her trunks and things
| Sil6 udu III tIiO LOOIll- 41i ,. EotohC SeIio
| the things were to be stored, and she
knew nothing of Mrs. Winston's where
| abouts.
Sister Celina, of ST. Mary's Academy,
| No. 10 Washington street, Newark, tes-
| titled that Lillian was pupil in the
Academy for about three months last
| fall. Her attendance at the school was
very irregular, the excuse being that her
| mother was i'll and could not bring her
| to school. She was known at the Acad-
| erny as Lillian Ludden.
Horace Schrier, of New York, conf
Dental clerk for the firm of Arnold, Hene
C Co., said that Mr.. Winston was the
| Southern representative of his firm and
had an income of $500 month. He stood
very high with the firm and his reputation
in the business world was of the best.
| John Watson, of Fourteenth street,
Hoboken, testified that in the spring of
1883 Mrs. Winston and Lillian lived in a
big double fiat house on Fourteenth
street in the tenement house district. The
neighborhood was mainly inhabited by
| longshoremen and laborers. Lillian he
| said, was generally on the street when
! the veil and at the belt it forms a cos
! Emily J. Dennis, the godmother of Lii
| liam, testified that Winston was a most
| affectionate father, and the affection
| which existed between father and daugh-
| ter was more than ordinary. Mrs. Den
Miss husband and William M. Buffer of
| New York, who was a frequent visitor to
| the Winston home, gave similar testi-
nony. They were all positive that Win
| ston was a fit and proper person to have
| possession of the child.
| Mr.. Winston then took the stand and
| told of his first meeting with DR.. Ludden.
| The physician was recommended to him
| by mutual friend and he employed him
| to attend his wife when Lillian was born.
| That was in August, 1892. He frequently
| attended the family professionally after
| that.
On June 5, 1895, his wife left him with
out giving an v reason for her going.
| For two weeks he did not know where
she was, but he finally located her in a
boarding house on Lexington avenue by
following clerk of Howe & Hummell's.
In January, 1895, he brought an action of
separation which resulted in the agree
ment of separation which provided that
he should pay $25 a month for the sup
port of his child and be allowed to see
her twicea week.
Il AFTER a Wnll6 his WIIe anu cilllu ulSdp-
peared and he could find no trace of them.
He went to Waco, Texas, where his wifes
half sister Ruth Stone was an inmate Of
disorderly house to ascertain where his
wife and child was. Subsequently Ruth
came to New York where she was known
as Mrs. Schultze.
She and her mother lived in fiat and
it was there that Winston was obliged to
see his child. Subsequently she was TAX
en- to DR.. Ludden's 8 house and he had
to visit her there. Mrs. Emma Ed
wards of No. 76 Grandsstreet, this city
said Mrs. winston and Lillian boarded
with them four weeks about two years
ago. Lillian said that her mother was
going to put her on the stage when she
was old enough. They went by the name
| of Ludden and DR.. Ludden frequently
visited them. do you know where they
are now?" asked Mr. Crawford.
mo. I wish / did, replied the witness
with emphasis.
The Vice Chancellor then gave Mr.
Winston an order giving him the custody
Of the child and continued the motion to
attach Mrs. Winston for contempt In