http://timesmachine.nytimes.com/timesmachine/1876/08/20/80343034.html?pageNumber=5

For those who cannot use the link:

ALLEGED CRIMINAL NEGLECT.

A week ago Catherine M. Fitzgerald, who resides temporarily at No. 46 Cheever place, Brooklyn, sued her husband, John J. Fitzgerald, an attache of the Corporation Counsel's office, for abandonment. The proceedings were instituted before Justice Smith, at the Washington Place Police Court, before whom Mrs. Fitzgerald, who is a young and comely woman, testified that her husband not only refused to provide for her, but also denied her the right of seeing her two children -- a girl, named Florence, aged twenty months, and a boy aged three months, named Edward J. Fitzgerald -- whom the husband had placed in the custody of an aunt of his named Mrs. Foley, residing at No. 31 West Thirteenth street. On Saturday a week ago a summons was issued for the attendance of the children in court, and an officer of the court, accompanied by Mrs. Fitzgerald, went to Mrs. Foley's house and carried the children to the court, the younger child being then, as is alleged, in delicate health. Shortly after the children were taken back to Mrs. Foley's the boy died rather suddenly, and the doctor who had been previously attending him on hearing that the child had been subjected to neglect and exposure, refused to give a certificate of death. An inquest by Coroner Croker yesterday was the consequence of the physician's action. The mother of the boy swore that the officer who accompanied her to Mr. Foley's house insisted that the order of the Justice for the attendance of the children in court was peremptory. The body, during the time it was in the court-room, was lying on a sofa in a comatose state. After the adjournment of the case, the mother took the child back to Mrs. Foley, but the latter refused to receive it, telling Mrs. Fitzgerald she had better go to Mr. Kellock, Superintendent of Out-door Poor, if she had no money to support it. Mrs. Foley then shut the door, but soon after reopened it and handed Mrs. Fitzgerald the child's clothes. Mrs. Foley still refusing to take the children back, the mother left them on the stoop and walked away, followed by her husband, who directed an officer to arrest her for cruelty to children, but the officer refused to do so. The witness did not hear of the child's death until notified to attend the Coroner's inquest. Miss Ellen Foley, a daughter of Mrs. Foley, testified that the younger child, when taken to court, was suffering from diarrhea and that the officer who took it away remarked as he left the house the "it was a good job for the undertaker." This witness further stated that the mother willfully abandoned the child on the stoop of Mrs. Foley's house. Deputy Coroner MacWhinnie gave it as his opinion that the baby died of exhaustion resulting from diarrhea and congestion of the brain, and the jury rendered a verdict in accordance with that view.

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another case from Feb 14, 1875:

http://timesmachine.nytimes.com/timesmachine/1875/02/14/82420375.html?pageNumber=9

A NOVEL CASE OF ABANDONMENT

A case of abandonment, presenting unusual elements of interest, came up for settlement before Justice Murray yesterday at the Yorkville Police Court. About a month ago a youth named George Edward Hauser met in an east-side ball-room a young girl to whom he became attached. Hauser is a lad of good expectations, being the only son of a widow lady who is reported to be worth $79,000, while the girl of whom he became enamored earned her living by stitching shoes. Young Hauser did not wish to marry Sarah according to the forms prescribed by his church -- the Roman Catholic -- and was shallow enough to believe that a marriage ceremony preformed by a Protestant clergyman was not binding. One evening he escorted the girl to the parsonage of the Allen Street Methodist Church, and on the way thither told her that it would be an excellent joke on their relatives and friends if they should give the clergyman fictitious names, and keep their marriage a secret for a funny surprise. The girl assented, and the pair were married as suggested. Woman-like, however, the girl in a short time made a confidant of a friend, who lost no time in acquainting the clergyman with the true names of the couple. He immediately consulted the Chief of the Bureau of Statistics, with the view of amending the record. This was possible, but irregular, and the reverend gentleman was advised to summon the young pair before him and remarry them. This he did, and soon afterward the bridegroom's family became aware of the fact. A stormy scene ensued, and the abandonment of the young wife followed. She procured her husband's arrest on the charge stated, and after a patient hearing, Judge Murray yesterday held Hauser in $300 bail as security for the payment to the deserted wife of $3 weekly for her maintenance. Her claim for support was opposed on the grounds that there was no marriage originally; that Hauser was intoxicated at the time of the alleged ceremony, that the second marriage was brought about by intimidation on the part of the clergyman, and that the girl was of previous unchaste character, all of which allegations were disproved.