Perth Amboy evening news. [volume] (Perth Amboy, N.J.) 1903-1959, 1910-07-12
IN
DE FESTETICS
FILED IN COURT
Father Says the Boy Chose
His Own Burial Place
While in Plainfisld.
MOTHER WANTS BODY
IN RYE, N. Y.

Jersey City, July Sensational
aff1davits were filed by both sides
yesterday in the suit brought by
Countess Elsie H. De Festetics, Of
No. 214 West Eighty-second street.
against her husband, Count Gyula
De Festetics, for possession Of the
body of their twelve-year-old son,
Gyula, who was known as Arthur"
and who was buried last month in
Plainfeld.
The body lies In a vault and the
countess wishes to have it removed
to her private burial ground at Rye,
N. Y.
The count opposes the suit on the
ground that he would be unable to
visit the grave, his wife having some
time ago sworn out warrant in
New York state charging him with
kidnapping the son.
The De Festetics have been having
trouble since 1900 when the coun-
tess had the count arrested and fined
$500 and sentenced to one year in
prison. The prison sentence was
committed, the countess says at her
nothing to do with it.
Claim Made by Countess.
Countess De Festetics demands
ground that New York court gave
her custody of the boy when he was
alive. She alleges that her husband
kidnapped the lad and took him to
New Jersey, out of the jurisdiction
of the New York courts. The suit
now in progress is the most novel
ever heard In New Jersey court.
In his affidavit submitted yester-
day Count de Festetics in Jersey City
alleges that his wife conducted
clandestine and meretricious rela-
tions with Miles w Beemer, who
was the godfather of Arthur" The
count declares that he has begun
suit for damages for alienation of
the affections of his wife against
Beemer. In September, 1900, he
further alleges, the countess had an
intrigue with a man OF great
wealth." whose name the count does
not mention. After his wife had
him arrested, he says, he went to
Cornwall, N Y, and took the boy
away from her. Later she regained
possession of him, and he again took
the boy, this time from the Hotel
Navarro. At that time, he alleges,
he discovered that the countess and
Bsemer had been beating the boy.
He took him to Coshocton, Ohio.
Says Boy Selected Grave.
The count maintains that his son
was buried In Plainfield at the boys
REQUEST He says:
Zone afternoon while in Plainfield
at sundown I drove Arthur out in a
little wagon to the cemetery. When
he beheld the beautiful Hillside
ground with Its beautiful headstones
and drives and flowers quivering In
the evening breeze, after moment
of sorrow he turned to me and rev.
erently and pathetically said: That
is all right, dad; If / die that is
where l want to be buried The
boy knew he was dying, the count
says, and the father wanted to grant
the boys rekuest.
The countess, in her affidavit, says
the count refused to let her see the
body of the boy Her husband, in
reply. saysshe never refused, but, on
| the contrary, invited her to view the
wax monument of marble" he has
had made to place at the head of
the grave. This represents the
Angel Gabriel with arms extended to
kneeling crippled boy. ''Arthur"
was a cripple. On the reverse side
are angels singing songs of well
come.
Accused of Heartlessness.
The count declares that though
arthur" was suffering from haemo-
philia, the slightest blow on the skin
producing a severe hemorrhage, the
wife refused to have physicians in
attendance, and that when the fam
lily physician called she had him
driven away by the police. He inti-
mates that the countess is a Chris
tian Scientist.
Samuel Swackhammer, counsel
for the count, says he will contend
that New Jersey recognizes no pos
session of a dead body and that the
countess has no remedy except In a
suit for separation and divorce. The
De Festetics have lived apart for
about ten years.