Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1894-08-01


that It IS my duty 10 see to Il as mat.
tiers now present themselves In this
case before me. that the child does not
20 back into the charge OF It's mother.
say that with all due appreciation
think OF the tenderness that ought to
be extmpllned with reference TO the
rights OF mother when she Is apply
ing for her child. There is this uues-
tlon that comes up, however IN the
consideration OF this matter. IL
parent at one time forgets the obliga.
ton that she Il under to her own Oft
spring and leaves II TO the haphasard
1 or whatever may bcfall II, without OK
ercising that physical and mental
strength and ability 20 look after ana
see 10 Il that II has proper place.
| that God las given her TO exercise.
then the blame cannot rest SO much
upon the law or upon tho court that
VIII be slow, when her better nature
reassegts Itself and she desires to re-
claim the child. 10 turn II over TO her
unless there Is good evidence of tho
| fact that her life As entirely different
from what II was at the time II was
possible for her TO dispose OF the child
| IN that way. tIore ~ this little girl
| left With Il cclnred woman, according
TO The cplorcd woman's testimony, with
OUT any regard ns TO what would be-
! come OF It. Tho mother Laaves. The
]
| come or her she keepa the child for
! awhile. of course surrounded by .ha
| Influences only OF the colorcd race. She
then takes 1t TO the Catholic priest and
offers TO dispose OF II 10 him He de-
/ clines 10 take Il She then brings Il 10
( the Benevolent Home. and II Is taken
/ In there | understand the mothers
/ view OF the case is different She states
that she took the child 10 the negro
woman and told her TO carry II to the
! convent. and II the convent wouldn't
( take II 10 carry Ct back to Mrs Van
/ Rensselaer,, | believe; but even with
that View, she goss away. not knowing
/ what Is to become OF the child, whether
the convent will take It or whether Mrs
! Van Rensselaer, will take Il. and with
Mrs. Van Rensselaer,, according TO tho
mothers own story, she had had a dim
Guilty or disagreement before that,
] which made her unwilling TO approach
! her personally, and she goes away
| from here, according to the testimony
IN February 1920, and take It from
the letters that have been read in evi-
l dence that the first Information she got
lust where her child was was as late
as April or May. 1921 | understand
/ that she thinks II was before that
/ time, but the reading OF the letters does
! not indicate that II Indicates that she
expressed delight at having heard
\ where Rose was, that she was at the
| time, indicating that such information
had been received just few days be-
! fore. 1t certainly was very dangerous
and hazardous TO the NE and morals Of
the child TO be left as she left It. Now
l do not say that for one mistake a
party should be cut on from the right
TO rcassert her control over the child
and that when the better nature comes
to the front, or the better judgmei<, II
you put II on that ground or the better
physical health. Il that Is what deter
mines It, that she should forever be
prohibited from any rights with refer
ence TO IL. because OF the one wrong
act. because l believe That woman
| can reform as well rs Il man. but l
am not satisfied with the evidence
With reference to how the respondent
has lived since that time, / do not be-
lieYe that her associations have been
| such that the welfare OF the child
would have been subserved II It had
been with her. aud to turn the child
! over to her with no more assurance
than 1 have that Il would not SO back
| into the association OF negroes, and In
such places as she had TO live, or has
lived. and let 1t take Its chances OF
developing into what II ought TO de-
Velop into with such surroundings, /
am not willing 10 do It, and l say that.
remembering, and remembering too
with approval, the fact that for some
| length Of time the mother has shown
regard for her child In that che has
furnished it things has inquired after
1t and visited II, and this | hope viii
continue until II shall be evident, Ia
ken in connection with her other con-
duct, that the court would be Justified
and warranted IN turning the child
back INTO her possession. ! certainly
would gladly do II felt that I could
discharge my duty and do II. don't
think It is to the best interests OF the
child, or course 1t Is unfogtunate that
she is unable better to live and pro-
vide for II. but u ~ not on that
ground that | decline TO give her the
custody OF the child. II she in future
/ gives evidence OF the fact that she Is
| able, capable and willing to take care
/ OF II and furnish II with the training
| that ought to be given II, not by a
| rich person. but by poor mother |
feel that II would be the duty Of the
court, whenever that evidence comes
with that strength that would make
| court believe theye would be no repe-
| tition OF what had occurred. I believe II
| would be the duty Of the court TO for
get all that ever has been done before,
| end put the child In her charge. l be-
! lleve Il IL for the best interests ofthe
child that II remain at the home, and
| / hope, II It does remain there. It VIII
develop into such n girl as some OF
these that We have seen here that
4 Rave come from the home. and that the
mother will be proud OF itln her old
/ age.
/ or course this statement that I have
made has been unnecessary 80 far aa
! the disposition of the, case ~ concern
/ ed but l have made II because OF the
fact that there has been SO much dis
/ cussion with reference TO the question
/ Of legal rights, and as TO tho proper
| conduct OF the home. ! viii state !
viii give the child 10 the rclator.
The counsel for the respondent there
| upon excepted 10 the judgment OF the
court and gave notice Of appeal TO the
! court OF civil appeals. and also to
/ the court OF criminal appeals.