The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1896-01-05

fourteen years OF her life IN a ceaseIess
struggle with poverty So that the child
nasnt De reared 20 be a refined and e6u-
Gated person"
Mrs. Hendricks, Story.
Mrs- Hendricks. n Ter return TO the writ,
gave the age OF the child as Is instead of
a. as claimed by Mrs. Cusack, and admit
yea that the child had never been taken
rom Mrs Cusack by any process or order
OF court but she denied that the care ana
CUSTODY had never been parted with. There
was no contention, Mrs. Hendricks said.
on the point that no guardian had been ap-
pointed, but she denied that Mrs. Cusack
was In every way com petent 10 transact all
business affairs or a proper person TO
nave tbs care and control OF Annie Roger.
Sne sad that the child was not kept away
from Mrs. Cusack or restrained from her
EDsFty. On the other hand. Mrs. Cusack
mad been in constant and continuous COM
mumcacon and association with her, sad
every act and exercise OF care and control
by Mrs Hendricks had been with the con-
sent and approval OF the mother. Ii was
her intention, she said in the reply. 10 SO
70 California to join her husband, and IN
less restrained by the court she would
have taken the child with her.
Mrs. Hendricks then went on 10 give
story OF her relations with Mrs. Cussck
and Annie Roger. She said that fifteen
years ago, when she and her husband were
living In Dakota, Mrs. Cusack, represent
Tag herself as widow in absolutely destl-
tuts circumstances. and having a little
baby in her arms. came to her and said
the child needed a home. The baby as
III. suffering from a serious and almost
fatal malady, and out OF compassion, be-
ing herself a mother. she took Mrs. Gu
sack and her baby IN. She gave the widow
employment and the baby a home. AS tho
-.
yided suitable clothing and medical attend
ance, and. contrary to the wishes OF her
husband. harcored the widow and her
child. Mrs. Cusack was DESTROYS OF aban-
doning the child. and expressed her deter
NINA ton To take II to an orphanaEe or
founding asylum, there TO be reared with
out a mothers care. Mrs. Hendricks OBJ
Jected TO such a proceeding. and agreed
that II the baby was left with her she
would rear IL as her own. Mrs. Cusack
consented TO this. In the interim Mrs. Cusack
desired her TO adopt the child, hut she,
feeling a motherly affection for the child,
thought IT would be cruel TO exercise such
right and take advantage Of the feelings
OF the mother She refused, but agreed
that so long as she lived she would con-
slider the child as her own and provide for
IL. After this. Mfr. Hendricks moved TO
Tacoma, eventually coming to Seattle.
After having employed Mrs. Cusack for
nine years and paid her wages during all
that time, IL became necessary, owing 10
their reyerses, to discontinue her services.
Tho child, however. remained with her,
with the consent and concurrence OF Mrs.
Cusack- At the time OF Mrs. Cusack's mar
rage TO her present husband Mrs. Gu
sack stated that she never expected, nor
did she demand. that the child should live
with her and her husband. Up to the time
Immediately before the writ was issued,
Mrs. Cusack was DESTROYS that the child
should accompany her 10 Los Angeles, and
requested the privilege OF paying the ex-
penses OF the trip. About this time. how
ever, according To the return, Mrs. Gu
sacks husband, who is a cook, conceived
the idea OF opening a restaurant, and per-
suaded Mrs. Cusaek to object to her daugh-
ter going to California so that she could
be used for their pecuniary gain.
Mrs. Hendricks finished by telling how
Annie Roger had been brought up under
refining influences. and had developed into
a beautiful girl, and that It was contrary
to her own wishes TO be relegated to the
custody OF her mother or that her life
should be compelled 10 be spent amidst the
surroundings OF her mothers husband and
home.
Attorney c. g. Biting in replying to
Mr. Hart, said that all of the later decis-
ions from different states bearing on the
question at Issue were against him, Hart.
At the present time parents have a right
to relinquish the custody Of child under
the conditions at bar. and the court VIII
not restore IL upon application, unless by
so doing the welfare OF the child VIII be
materially promoted. Continuing. he said:
in this state the right or a parent 10 the
custody OF It's child Is not absolute. the In
terest Of the child must be considered