New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1903-06-20
SCH4EFER GIRLS GONE.
Their Custody GiUen to Father by
Fice-CkanceIIor Pitney.
COUNSEL TOLD TO FIND MOTHER.

The suit brought by General Emil Schaefer. of
New-forll. TO compel his wife, Mrs. Amelia Schaef-
er TO surrender the custody of their children.
FrIeda and Elsa Helena, which tried before
Nice-Chancellor Pitney at Jersey City, ended yes
terday in a verdict for General Schaefer.
The case was adjourned Thursday in order to
enable 4. C Bernstein Mrs Schaefer's counsel,
70 produce her and the children, they having failed
10 appear. Mr.. Bernstein said they Mount
Pocono. Penn. and would certainly appear Fri
day. When the case was called yesterday Mr..
Bernstein informed the court that he was unable
keep his promise his client had disa pponted
him. He confessed that he did not know where
his client could be found. All he knew was that
she had left Mount Focono and that she and the
children probably somewhere in the Catskills.
Vico-Chanceilor Pitney said il his duty TO
produce them they had practically been com
mt5ed 10 his custody. Judge Cutler of counsel for
that Mr.. Bernstein should make full explanation.
Mr.. Bernstein said M had made full disclosure
Of the facts TO Mr.. Blauvelt, Judge Cutters aSso-
oiate. He regretted his inability live up to his
promise. hut said he had done his best. Mrs.
Sthaefer had sent him word Tuesday that one
OF the children was i'll She supposed 10 be in
Pennsylvania but her letter was mailed in New
York. How this happened he had not been able
10 learn Her relatives assured him that they had
not mailed il He expected her on Thursday and
old not know she would not appear that day
until GoTham a. Worth sent him letter to that
effect after he Worth had left the courtroom on
Thursday oStenSlblE TO 80 10 Inc rdlTodH Sloti"i'
in Hohoken ia meet Mrs. Schaefer. In that letter
Nr Worth ASSUMED him that Mrs Sohaefer would
appear Friday.
In reply question by the Nice-Chancelior ne
said he did not consider ii his duty to employ any
one 10 keep watch over his clients. as he had i'm
plicit confidence III them. they had never de-
ceived him before. The Vice-Chancellor seid that
The disadvantage Of removing the children vas
that Of decision in their faNor MI
bernstein would be able to find MIS-. Schae1er
% inform OF the fact.
After some further discussion Of the subject Mrs
Aurelia Runk Mrs. Schaefers mother. was called
she TESTIFIED that she had last seen Mrs. Schaeier
en- SATURDAY.. She then in New-1ork Where
she went witness did know. She knew TeSter-
dsv morning that Mrs. SchaefeT would not appear
g she had received letter from MI Worth 10
thar effect
Miss Frieda Runk. her daughter. was also called;
hut said she did rot know where her sister could
be found.
The lawyers then summed up briefly. Mrs. SChaef-
ers counsel asking that the children should ne
given "a their material grandparents. The VICE
chancellor reviewed the testimony al length fe
said il showed that Mrs. Schaefer was not Mt
re-son 70 have the custody of the children Nor
could he entertain the proposition 10 award the
children 70 Mrs. Schaefers parents as that would
- pracrcally 10 commit them to her Keeping
IL then awarded the children TO General Schaefer,
- ind them once MI Bernstein said ne WOULD