The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-10-28
NEW FIOHr ron FEsTTyICS nov.
Magistrate eaVes Him With Fa'heri
Neither Gets Court order.


Mrs. Elsie de Festetics Of pa West Eighty
second street. who appeared before Magis-
trate Wahle in the West Side police court
on Friday char Eing her husband, Gyula De
Fs-teticr, with kidnapping their son, filed
a charge 81 abandonment against han
yesterday morning through her attorney,
J.. T.. Rogers. The move, 1t was stated,
WA made in anticipation Of the FORMER
char &c not holding. Magistrate Wahle dis
missed both compls ints, the
charge because lie failed TO see criminal
intent and pending adjudication an the
Supreme Court, and the other on the ground
that the couple had previously made a
written agreement to separate.
As on the day previous, Mrs. de Festetics
became greatly wrought up several times
during the examination and was only quleted
by her daughter, Elsie II. de Festetlcs,
who remained constantly at the side OF
her mother.
Lawyer NJ. II. Grossman, for the de-
fendant, in reply to a request from Mags-
trats Wahle that the mother be told the
whereabouts Of her son, stated the father
was willing to place the child in any hos
pital where Mrs. de FestetfN could visit
IL Until the Supreme Court had decided
the right Of final possession.
The complainant objected strongly TO
this, saying she desired to go to its present
abode at once. 80,
bA"It's all a trick to keep me from my child
you would not do anything you promised.
Tell me where my baby isl cried the woman
tears streaming down her cheeks,
why don't you tell herr asked Magls-
trate Wahle. This woman Ia nearly iran
tic
Your Honor" replied Grossman, Mrs:
de Festetics stated to me that she would
seize her child when she saw IL; and put
the query to me, Wouldn't your
A long wrangle followed. in which the
Magistrate stated his personal opinion that
in such a case a woman would be Justified
in breaking into a house to zee her child
Mrs. de Festetics finally agreed not TO
take the child from its present custody, II
told where it was. The lawyer then In
formed her that the child was with "A nurse
at the Arlington Hotel, Jersey City. She
expressed a desire to go there at once
The lawyer told her che couldn't, because
a nurae a the boy on an outing and wOulo
not return until evening. Mrs. de Festetlcs
said she would go there then.
The Magistrate then took up the aban'
donment charges, which he discharged q
few minutes later when he learned OF the
couples previous written agreement tC
separate.
As De Festetics was leaving the Wesi
Side police court on Friday he was served
with an order signed by Supreme Court
Justice Leventritt transferring the case
70 his court for a hearing tomorrow: Th'
order requires him to show cause why ne
should not be punished for contempt II
having removed his son from the mother
custody, to which Justice Leventrltt com
United it nearly a year ~
Mrs. Festetics went to Jersey City late
Yesterday afternoon and tried to find thu
Arlington Hotel, where she said her HUSBAND
promised to let her see her, boy. Aftel
failing to locate the place she sppealec
for help at Police Headquarters. She wal
told that there was no such hotel in thu
city, but that there was one in Newark
Mrs. Festetics went away disguised, saying
she was going back home.