The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1888-10-20
GIVEN TO ITS MOTHER.
Judge Boreman's Decision in
the Habeas Corpus Case.
PITIFUL SCENES IN COURT.
Against Being Transferred-
The General Verdict.

hd6edS corpus case of Annie Hansen VS..
Rosa Kenney, for the possession of the
child Francis Ambrose Kenney, the
large room adjoining the Office of the
clerk OF the Third District Court was
well flied yesterday morning. Mrs.
Kenney, her husband and the child in
dispute, along with number of friends
sat on one side of the room. It was
plain to be seen that the foster-parents
were both fearful of the result. and
when the child left the woman side for
a few moments to run few steps to the
only father IL ever knew, the caress it
received on its return showed how
thoroughly the life of the foster-mothe r
had become identified with that of the
child she had tenderly nurtured for
for four years. On the other side Of the
room and near the Judge were the
mother who had partld with the boy at
the nour of its birth, her husband and
halfa-dozen female friends That these
were also anxious and restless goes with
out saying. 1t was but few min
utes past 10 when the Judge
rappe for order and amidst an almost
painful silence, interrupted only by the
suoj ct of the dispute, as be played
| around on the floor, he commenced the
delivery of his decision, by saying it
was case that had been thoroughly
and exclusively gone into, both by ev-
ldence and arguments. 1t was, besides,
one of the
MOST DIFFICULT AND UNPLEASANT
cases that he had ever been compelled
to pass upon. Some things had been
said in the arguments of counsel that
might just as we'll have been left unsaid.
The case was one wherein two women
claimed one child. There was evidence
showing that both were kind-hearted,
good people-either of them would
doubtless take good care of the child.
The evidence before the court was that,
during ali the time Mrs. Kenney has
had possession of it, she had treated the
child as well as any mother could.
Both women appeared strongly at
tached to the child, and the husbands
were about on an equal footing, SO far
as being able to support and educate
the 10y. The homes of both seemed
to be in good order and
Well-kept. The mother has no
complaint to make that the
child during all these years. has not
been properly treated. There was evil
dence to the effect that before the
birth of the child Annie Peterson (now
Hansen) had called upon Mrs. Haw-
kins, told her she was IN trouble, and
requested her to find someone who
would take care of the child when it
was born. The child was born at the
Deseret Hospital and taken away by
Mrs. Kenney within an hour thereafter.
There was evidence to the effect that
Mrs. Hanson had told Mrs. Kenney she
be called upon to
SURRENDER THE CHILD.
There was also evidence showing that
once when papers of adoption were
spoken of, Mrs. Kenney had said, "lf
you will give the papers I will give up
the child, providing you marry and
have no children at the expiration of
five years. The mother waited not
five but three years, and last spring
made a formal demand for the child,
which was refused. The testimony
showed that whenever Mrs. Hansen
visited the child, she was not
very cordially received. During
all this time it seemed to be in
the mind of Mrs. Kenney that
the mother would at some time claim
the ohiId-that she feared the result of
TOO much intimacy. No papers were
ever signed. In his opinion, the letter
of the law need not be followed, con-
siderable must be left to judicial discre-
ton, and the rights of the child were
predominant; they overshadowed all
other questions. It was laid down by
Judge Strong that the law presumes it
to be for the interest of the child for it
to be under the care of the natural pro-
tector. That is the general law laid
down. The interests, however, hold
fast to the welfare OF the child. The
possession of the child naturally belongs
to the mother. 1t seemed to him all
the way through that Mrs. Hansen
hoped and expected to get the child.
There was sure to be great distress of
mind, no matter which way be decided.
He again referred to the statement made
| by Mrs. Kenney in reference to giving
up the child, under certain conditions,
at the end of FIVE years. Three years
had passed. Under these circum-
stances, he thought there was but one
| COuISC III I1C SOoib w p04ooOs Az AO
PENDANT had, 90 doubt. become greatly
attached to it. but the law had said the
court should lean toward the parents.
An order
TRANSFERRING THE CHILD TO ITS MOTHER
would therefore be made. He suggest
ed that Mrs. Kenney should always be
m ide a welsome visitor at the home of
the child, and that the tive women
should try and attain friendly foot
ing.
During the whole of the Tina occu-
pied nv the delivery of tina decision,
Mrs. Kenney was very much agitated,
and when it became evident that the
decision would be against her, the des-
pair depicted on her c)untenencc was
something painful to witness. With the
boy locked fast in her arms, she sat
rocking herself gto and frc, crying as
though her heart would break, while
the little one, realizing that he was about
10 te taken away from the only mother
he had ever known, loudly protested
against being removed. 1t was with the
greatest of difficulty on the part
of Mr.. Kenney that she was in
duced to release her hold of the child,
and there were tears even in his eyes,
| r4aco~aI ht,1, calF from