The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-03-28

The hearing on the petition of James
Ryan for writ of habeas corpus to
gain the custody of his two daughters
Marcella, aged Is, and Ellen, aged b.
was had before Judge Hiles yesterday,
with attorneys 2. S. Varian and NJ.
r. McEnany representing the petitioner
and Edward McGurrin appearing for
Mr.. and Mrs Bentrod, the parties with
whom the children were living.
The climax was of quite a dramatic
nature, as the girls made a great fuss
and showed signs of extreme distress
when the court decided that their faith
er was entitled to have charge of them
and they were obliged to submit them
selves TO his guardianship.
The case shows very unfortunate
circumstances, but the present dispo
sition of the children is thought to be
for their best interests as the father
had made arrangements for their re-
ception at st. Mary's academy and
thither they were taken.
In the petition of Mr.. Ryan it was
set forth that Marcella Ryan and Ella
Ryan were unlawfully restrained of
their liberty by John B. Bentrod and
Mrs. Bentrod; that the petitioner,
James Ryan, is the father OF the two
girls and of boy, James G. Ryan, and
entitled to their custody; that their
mother, Margaret Ryan, abandoned
them in August, 1896, and that she is
and has been absent from this state
since then and is now in the state of |
California, and that she is not a proper
person to have the custody of the chill
dren and that she directed John Bent |
rod and Mrs. Bentrod to restrain them. |
BENTROD'S ANSWER.
Mr. and Mrs. Bentrod, in their an
swer to the petition, alleged that the |
boy, James c. Ryan, aged 10, was never |
in their care, and deny that Mrs. Ryan |
abandoned the two girls or has gone to |
California, and say that the girls for |
long time have been living at $50 |
West Seventh South and are supported |
by their mother and that the mother |
left the state temporarily for the pur- /
pose of securing employment, thereby |
to support herself and the children, /
who reside at their mothers house with |
the defendants and are well taken care
of and attend the public schools; that |
the children are unwilling to accept |
the care and custody of their father |
fearing bodily injury from him. They
also ailege that Ryan is addicted to
drink, and that his wife has not been
living with him for a long time, owing
TO his iil-treatment of her and the
children.
SOME CHARGES AND COUNTER
CHARGES.
The proceedings of which the hearing
yesterday was the outcome commenced
in January, 1895, when Mrs. Maggie
Ryan entered suit for divorce from her
husband, alleging as grounds cruelty
drunkenness and failure to support.
Ryan answered, denying the allega-
tlons and alleging that his wife was
=
serted him and went to live with a
man named E. G. Baker as his wife;
also that she sought to get a divorce
for the purpose of marrying Baker
The case has not yet come to trial,
and in accordance with an order of
The court, made soon after the filing
OF the suit, Ryan has been paying $40
a month to his wife for the support of
herself and the childen ever since.
John b. Bentrod, a bartender, was
examined yesterday and he said that
Mrs. Ryan had temporarily left the
state and taken the boy, James c.
Ryan, with her and had left the two
girls in the care of himself and his
wife until her return. They received
the best of care and were quite con-
tent to remain with them and were
very much averse to being given over
to their father. He expected Mrs.
Ryan to return in May.
Colonel Kaighn, attorney for Mrs.
Ryan in the divorce suit, said that
Ryan had paid the $40 month alimony
regularly, and it was handed over to
Mrs. Ryan until about five months ago,
when she went away. and he had not
been able to ascertain where she was
Rev Father Kiley and William
Langton both testified to the good
character of Ryan.
Ryan, the petitioner, testified that he
was section boss on the Union Pa !
cific railway and earned S65 month |
He wanted the care of his children, as
he did not consider their present sur
roundings such as would tend to the
bringing uD of the girls in the way
they should go; in fact, according to
his idea, the reverse was the case. If
awarded the care of the girls. he
would send them to st. Mary's acad-
envy.
The two girls, Marcella and Ellen. !.
were examined. Both are very bright,
intelligent and pretty girls we'll
clothed and apparently we'll cared for
They said they did not want to live .
with their father; that they were afraid /.
of him and had been well treated by . .
the people they were now living with : !
GIVEN TO THEIR FATHER. !
Judge Hiles concluded that the 5
Bentrods had no claim to the girls and
that in the absence of their mother, .
their father was the proper person to !
have charge Of them, and an order
was made accordingly, with the stip- z
ulation that he do not remove them :
from the state. :
When the decision of the court was Y
made known TO them, the girls COM
menced weeping and crying, and the ;
elder one spurned her father when he ;
to caress her. They were
removed TO the sheriff's Office. where
]
and refused to be parted from Bentrod.
Finally they were driven to st. Mary's
academy in a carriage. Miss Clara :
Ferguson, the stenogra pher in the q
sheriff's office, accompanying them and =
IN some measure reconciling them to -
their new conditions. They were taken =
IN charge by the Sisters and will re-
eeiye the best of care in the institu- =
ion.