The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-05-30
THE TERESA SMALL CASE.

Custody OF the Child Given to ssThe
Sheterinx Arms"-Opinion OF Judge
Brady.
At length Judicial decision has been reached in
the case OF the young girl Teresa Small the ques-
ton as to the custody Of whom has been for sew
eral weeks past the subject OF investigation in the
courts. The examination began before Judge
Lawrence, OF the Supreme Court. but the argu-
ment OF the opposing counsel, Mr.. William F.
Howe, who appeared for the father OF the girl, and
United states commissioner Davenport who took
up the legal cudges for Police Commissioner Gard
ner and Captain Williams OF the Eighth precinct.
charged with the abduction Of the girl, took place
before Judge Brady who gave yesterday his de-
cision IN the matter. by which, as will be seen, he
refuses to give the child to the father, but orders
her TO be placed temporarily in the care OF 1.-THE
sheltering Arms" Judge Brady embodied his
decision III the following opinon:-
JUDGE BRADY's OPINION.
This proceeding does not invoive any question
OF the conduct OF Commissioner Gardner IN doing
what he did TO rescue Teresa Clifton alias small,
as he claims and proves, from Den Of iniamy-a
panel thief apartment attended by abandoned
women Tor elonious purposes. 1t Is but Just,
however to him 10 say that he testified that the
door OF Mrs Smalrs room was not broken open,
but opened by ner upon request or demand, and
nave no doubt OF the truth OF that statement.
II may also be said, without passing upon the
! legal responsibilities assumed by the act COM
mitted to accomplish the result attained, that as
1 the child was not taken from the custody OF her
4 father on that occasion no wrong was done him.
| and he cannot complain that another did for him
| what he should have been swift to do not only
! for himself but his child. she is now but thirteen
years old, and has not, therefore, even in this
| period OF FAST development and early as
sumption OF individual capacity, arrived at
an age when she may be safely trusted to
wa,chnl and considerate care of her parents, and
II benoved her father, when she was placed at
vice, TO see to 1t that she was not exposed TO dan
gerous influences and bad example 1t was duty
which he owed not only TO the community OF
which he is a member, but particularly TO her. TO
guard her against associations which would tend
to her rum when he parted from her custody an d
placed her under the care OF another. The EVIL
dence on this proceeding fully discloses that he
has been grossly negligent In this respect He
placed hls child and permitted her TO remain with
a woman Of notorious character. living In house
opposite his own dwelling. and oil whose reputa
ton he could have advised himself without trouble
Not only did he do that but after he had taken his
child rom the changed residence OF Mrs Small at
Small, who took her TO some place, whittier he says
ne did not know. His conduct, indeed, justires
the presumption that be was indifferent as TO her
destination or employment 1t is apparent, there
FORE that he Is unit to be intrusted At present
with her care and maintenance. she now requires
vgilant attention aud moral cuturc. IL IS pain
ful duty to declare, but the obligation Is freely
met and discharged without reluctance. the law
OF the land is broad enough 10 protect children
IRON the Of delinquent parents, and will not
fai through It's officers 10 endeavor TO prevent the
injustice which wonld otherwise ensue. society
demands that a child shall be saved from life oil
shame, and the laws OF God and man snstain the
demand When the parent Is derelict he becomes
unworthy OF the charge, his trust IL forfeited and
the law assumes IT, Teresa has not. IL is to be
hoped so far transgressed that she may not yet be
saved, although she has yielded TO Dad example
and pernicious influences. she Is Intelligent,
! modest Ia demeanor and Impressive la her quiet
conduct aud gentle manners. I entertain no
tons for her iuture and yield to the Influences Of
good example. In the nope OF this result she Will
Arms,n there 10 remain until the fur ther order or
tile Court OrueTed accordingly.