| Notes |
- . 1888 Aug 4 - The petition on which Mrs Desire Rosenbach secured a writ of habeas carpus from Judge Hawes for Lizzie Lawrence, the daughter whom she was accused of abducting from Stephen Austin, was found to be defective & it was dismissed. Another petition was taken out before Judge Baker. The case will come up before that Judge next Wednesday. Meanwhile Lizzie is with the matron at the police station.
. Circuit Court: People ex Rel. Desire Rosenbach Vs Stephen Austin, MJ Crowe, Wheeler Bartram & Officer Kennedy. Petition of writ of habeas carpus. French & May Attys.
. 1888 Jul 26 - Kidnapping Case. Mrs Rosenbach, Mrs King & Mrs Condon are still under arrest for the alleged kidnapping of Lizzie Austin, the first named being in confinement at the Higbee & the others being out on bail. Miss Jane Fleming, aunt of Mr Cook called on The Palladium correct the report that Lizzie was harbored at her home recently. She says Lizzie has never stayed at their house over night, or more than 2 hours at a time, since she went to Mr. Austin's to live; that she has not been there more than 5 minutes lately, & that was last Sunday morning when Mr. Condon brought the child there to see her mother. Furthermore, she says that Lizzie did not go away from the house Sunday morning with Mr. Condon, who remained there an hour longer & that Mrs Rosenbach stayed there all day. Miss Fleming sways Lizzie wanted to leave Mrs Austin of her own accord. The only new development in the case was the arrival here today of a young ma representing Mr Rosebach, the latter, it is presumed, staying away forbear of arrest, although no warrant was issued for him. The girl is believed to be in Chicago but no settlement of the case has been made.
Ref: Chicago Tribune newspaper, Illinois.
. 1889 Nov 7 - Austin-Rosebach Case …Mr Mrs Austin have all along taken the position that they did not & would not detain the child against her will, but the girl has repeatedly expressed a desire to remain wit them & in the home she had for so many years. What the court will do about it remains to be seen.
Ref: Benton Harbor News Palladium, MI.
. 1888 Aug 8 - Adducted Her Own Child, this is the charge against Mrs Charles Rosenbach.
A strange case of abduction was brought to light yesterday when Mrs Charles Rosenbach was arrested on a charge of stealing her own child forth people who had adopted it 6 years ago [1882] & care for it as their own. In 1881 Mrs. John Lawrence of Benton Harbor arranged with Mr Mrs S M Austin to adopt her daughter, Mary Elizabeth. The child was 7 years old, blue eyes, auburn hair, & altogether as pretty a little daughter as a mother could wish for. The parts went before Judge Leeds, Probate Our of Berrien County & Lizzie Lawrence became Lizzie Austin
The mother afterwards afterwards married Charles Rosenbach, a drug clerk, came to Chicago with her 2 little boys & Rosenbach became manager of Adams' drugstore , 225 Thirty first st. They lived at 3239 Prairie avenue.
In the meantime Lizzie grew into a bright & attractive maiden. H new parents were all to do, Mr Austin being connected with a creamery firm doing a large business. He fairly idolized the child, & his wife grew jealous. In his absence Lizzie was not so kindly treated. She was not abused but received may little slights, which called her so that last Saturday when Mr Austin was in Montana she gladly went with John Condon, her grandfather, so see her mother, who had that day arrived in Benton Harbor on the Chicago boat. then it was arranged that Lizzie should go in a buggy with Mr Condon of Three Oaks, Mich. & the the train to Chicago, where she would meet her mother, who returned by boat. The plans carried out.
The following day Mr Austin returned from his Western trip to find that his pet had gone. He followed & yesterday had Mrs Rosenbach arrested by Sheriff Kennedy of Benton Harbor & Crowe of the Central Station. Judge Hates issued a writ of habeas corpus for the child made returnable Saturday morning at 10 o'clock. In the meantime Justice White ordered that the girl remain in Capt Bartram's care. Mr Austin immediately went to the matron & forced on her more money that she would accept to provide the child with every luxury. They he caught Lizzie in his arms & wept & kissed her again & again. Lizzie says she loves Mr Austin & ere it not for his wife would be willing to go back with him. As it is she prefers to go with her own mother but will submit to the order of the court.
If you are sent back to Benton Harbor you won't run away will you? There was a roguish gleam in the blue eyes as she replied: I don't know what I may do. She is my own mother, you known& I lover her even more than I do Mr. Austin.
Ref: Chicago Tribune newspaper, Illinois &theInter Ocean newspaper, Chicago 1888.8.3.
. 1888 Aug 9 - Life in a Great City, Little Life Austin objects to being sent to her adopted parents:
there was a potable scene in Judge Tuley's court yesterday afternoon when little Lizzie Austin was returned by the court to Stephen M Austin of Berrien Springs, Mich. from whose house she was enticed by her mother Mrs. Desire Rosenbach. Lizzie herself was put on the stand & testified that she wen to a picnic the day of her kidnaping & met her mother's father, who wanted to know if she did not wish to see Mrs. Rosenbach. She said she did & her grandfather took her in a buggy.
"With whom did you go to this man Smith's house?" demanded the Judge. "That I refuse to answer," said the young lady, with cool imperturbability. "You do, do you?" said the court.
"I do," answered the auburn haired miss, with increased positiveness. The Judge had to laugh & everybody else joined in "If I am sent back to Mr Austin's house, volunteered Lizzie, "I'll run away. A ran away one & I'll do it again. I am determined that I shall not say there. "They may tie you," suggested Judge Tuley. "If they do I'll run away just as soon as they untie me. they can't keep me tied all the time." Lizie showed great courage & she did not break down after delivering herself of this fiat.
the case is too plain, said Judge said Judge Tuley after a brief glance around the courtroom. This girl having been enticed from home I have no jurisdiction over her. I cannot go back of the adoption decree. If these people do not treat her well, the decree ought to be annulled, but it must be done by the court which entered it. The girl is remanded to the custody of Mr Austin.
Mr Austin, a small man with long chin whiskers & a nervous manner, had climbed up on the reporters' table when he saw what the result would be. He put his hat on his head & and took Lizzie excitedly by the arm. You giver her to me, don't you, Judge? he asked.
Sit down. Get off the table, Austin, said Mr. Sullivan authoritatively. But Mr. Austin was in too excitable a frame of mind to get down. He kept pulling at the girl & saying, come with me. come with me Lizzie. Not you have got to go. The Judge said so & you must. Take off your hat, yelled the Bailiff to Austin, & then to add to the excitement Lizzie, con whom it had just begun to dawn that she was to leave her mother, broke out in a most heartbroken wail.
Mrs Rosebach at the same time uttered piercing shrieks that ran through the Court House. Lizzie was pulled crying toward the elevator & Mrs Rosenbach, scramming dismally, followed as fast as she could, supported by Rosenbach. At the elevator the mother hugged the girl passionately to her breast & then fell in a dead faint, while the elevator bore Austin, the girl & and an excited crowd down stairs.
Ref: Chicago Tribune newspaper, Illinois.
. 1889 Nov 15, Dramatic Scene in Court, The case of Lizzie Lawrence, who was the cause of the supreme court declaring that the old child adoption law as unconstitutional, was brought up again a few days since. Lizzie parents separated in 1883, when she was 8 years old, was adopted by Mr Mrs Austin. Mrs Lawrence afterward married Charlie Rosenbach of Chicago. She attempted t regain possession of the child after her marriage & this lead to the adduction proceedings agains her. the Austins refused to surrender the child to its mother notwithstanding a recent writ of habeas corpus to compel them. Lizzie is now over 14 & could legally elect her own guardian. when the justice conversed with her se denied that she preferred to go with her moth & the court for ordered.
Then there was a dramatic scene Mrs. Rosenbach, beaming with joy, marched over to the Austins & taking Lizzie frothier side, walked out of the courtroom, leaving the child's foster parents in tears.
Ref: Alma Record newspaper, Alma, Michigan.
Transcriptions by PJ Ahlberg 2018. Thank you. - - -
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