The Republican journal., 1872-09-12
From the San Francisco Alta California
PARENTAL AFFECTION.
Father Comes from Maine to this City
to obtain his ChiId---the Court decides
to give the Child to its Mother.

The County Court was occupied nearly
all day yesterday in hearing the petition
of George Wing, who recently came from
Bangor, Maine, asking that his minor
child, Aaron IL. Wing, a boy five years
old, be taken from its mother, Mrs. May
berry Oormerly Mrs. Wing), and award
ed to him. In support of his application
he relied on two grounds First, that he
was the father, and from that fact his
right was superior to the mothers. Second,
Supreme Court OF Maine.
Mr. and Mrs. Mayberry resisted the
motion First, because Mir Mayberry,
by the Probate Court OF this city, had
been duly appointed guardian of the child
Second, because the appointment OF the
Court OF Maine was local and could have
no force in this State Third the mother
having obtained divorce on the ground
OF extreme cruelty, the father was an I'M
proper person to have the care of the
child, and as between father and mother,
she was the best qualified to have its
custody.
WINGS REPUTATION THE CHILD TO HAV f
HIS FATHERS PROPERTY.
Wing introduced the decree OF the
Cour. of Maine, granting his wife a de
cree OF divorce from him, on the ground
of extreme cruelty. and appointing her
the guardian of the boy for nine months
in the year, and him for three months,
which decree he subsequently had chang
ed in her absence so as to give him tn e
absolute guardianship.
Several witnesses said Wing had the
reputation OF being peaceable man and
a number of letters were read from differ
ent persons to that effect one man said he
heard he had trouble in his family.
Wing himself testified that he was
worth from eight to ten thousand dollars,
which the child would get on his death =;
but no witnesses We're introduced by him
to show how he treated his family.
TIE MOTHERS REPUTATION
A large number of ladies testified that
Mrs Mayberry was an excellent, kind,
good mother, had a comfortable home and
was very much attached to her boy. Sew
eral of our wealthy citizens testified that
Mr.. Mayberry was a man of means, an
excellent father and treated the boy with
All the kindness and consideration a faith
| er could.
The counsel called the attention of the
| Court to the details of the brutal and in
| human treatment recited in the Maine
complaint, and which had been establish
| ed by evidence and the decree introduced
| by Wing himself. and then the case was
| submitted.
| DECISION OF THE CoURT-THE CHILD CIV
EN- TO THE MOTHER.
Judge Stanley said: The old rule giving
the father the first right to the children
has been abr ogated in this State by the
Statute of 1869, and now the parents were
on equal footing. The letters Of guardian
ship granted by the Probate Court in this
city he did not think was binding on the
father, because he had no notice of the APP
plicatiOn of the statute, which authorized
such letters to be issued, without giving
the father notice, when he was out of the
country, was unconstitutional. The decree
of the Court of Maine giving the guar
dianship to the father, could have no force
| beyond the State of Maine The only ques-
| ton left was to determine between the
father as to whom he should award the
child-a question which was also Il painful
one for him to determine, and should be
governed mainly by the welfare of the
child. The fact that from its father il
might inherit few thousand dollars could
not weigh against the fact that its mother
was an excellent woman, well qualified tC
| bring her son up properly. A good mora
| training and education to his mind would
| give a boy a far better start in life than the
inheritance of few thousand dollars from
| his father, besides the boy wanted not on
| ly maintenance but also protection. A man
| to protect his children must have moral
and physical courage to do 50. According
to my experience. a man who beats his
wife can have no moral or physical cour.
age 1t is claimed the petitioner is peace
able man-nO doubt he is--a man who
Whips bis wife will be generally found
outside of his family, a peaceable man
towards are always peaceable men-he
has not the courage to be anything else.
In this case it would be exceedingly dis
| tresSing to me to tear the child, five years
old, from so fond, affectiohate and capable
mother. | cannot be party to such cru
city neither the law nor the facts require
me to do so, and shall award the child tC
her custody.
| Messrs. r. H. Lord and w. II. Patter-
son ably represented the mother, and Mr..
Searle was counsel for the father.
| COUNTY COURr-STANLY, j.
In the matter of the habeas corpus sued
out in the case of the infant child, Geo
Wing, it was ordered that the child be re-
stored to the mother, and that the father
be allowed one hour every day in which
to visit it.
Lawyer: "How do you identify this
handkerchief" Witness: "By It's gen
eral appearance, and the fact that have
others like it." Lawyer: That's nc
proof, for | have one Just like it in my
pocket" Witness: II don't doubt that
/ had more than one of the same sor
stolen.'