Waterbury evening Democrat., 1891-12-14
THEY CHANGED PLACES.

Johanna Bresnahan Recovers While Her
 AssaiIant Came Near Dying.
 When Johanna Bresnahan,s whose skull was fractured in an assault alleged to have been made by Patrick McGivney at New Haven, several weeks ago, was brought to the hospital, DOT tiOn of the brain matter exuded from her ear. Several doctors at the time said she would die, and McGivney was held under bonds to await the result of the case.
 The woman, contrary to expectations, began to improve. First she was deliri- ous and imagined that she was riding in a carriage, but latterly this hallucina- tion has left her and yesterday she was walking about the wards almost en- tirely recovered.
 While she has been improving, the man who is said to have assaulted her came near dying. He resides across the street from the hospital, and two weeks ago was attacked with the grip, in addi- tion to which he suffered with an in- tense earache. His condition was cIiti. cal for some time, but last night he was reported to be improving.
 WISH TO CHANGE AN UNJUST LAW. Judge Fenn Favors Returning Josie Barry to Her Parents.
 The decision of the supreme court in the case of the child Josie Barry, whose custody Mrs Margaret Whalen, the mother, sought to recover from the managers of the Fairfield county home, shows that the law relating to neglected children should be amended. In the written opinion Judge Fenn says that while he regretted that he could not re- store the child to it's parents despite the fact that It was being brought up in a faith not in keeping with the child's early teachings, he admonished the managers of the county home for the feeling they exhibited in the matter.
 The judge coincided with every moral point raised by J. J. Phelan and Hu- mane Agent L. N. Middlebrook in the case and regretted the management of ap peals of the mothers heart even though the strict letter of the law per- mitted them to retain the child. From the decision it can be seen that the only redress in such matters must come through the legislature.
 It is painful illustration for the con- temptation of Catholic parents. It shows also the necessity for a change in the temporary home laws and a modifica- ton of the laws governing it.
 Speaking of the matter Saturday MT Hnelan Sdlu. OuueT Une law as II stands, the court could hardly have given any different decision. But the | findings of Judge Fenn furnish us with excellent reasons upon which to ask the legislature to amend the law in the direction of more religious liberty. A bill to accomplish that object will be drafted and presented to the legislature for action as soon as that body is in a shape to transact business. The state humane society will be asked to CO operate in the framing of such an amended statute. That a child should not have an opportunity to receive in, struction in the religious faith of its parents is manifest hardship and one which we shall endeavor to have cor rected. There are also other defects in the present law that should be reme died"
 Major Middlebrook was also talked with and fully coincided in the senti ments of Mir Phelan. Besides the religious phase of the matter" said he "the law should be changed so as tc allow parents to resume control of theil children when their conditions make them capable of so doing. That 2 parent should be kept in ignorance ol | the whereabouts of his or her child, anC not allowed to resume custody of the child when in circumstances to have the natural guardianship restored, is al wrong. This is the point for which have mainly cOntended.'