The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-07-03

Proceedings of a sensational nature
were yesterday begun in the district
court in regard to a little 5-year-old
girl which was adopted a year ago by
Mr.. and Mrs. Magner, by which the
mother of the child, Mrs. Smith, for
merly Mrs Canter, and the woman's
present husband, Paul F. Smith, seek.
to regain the possession and custody
of the little girl on the ground that
its mother by adoption treats it in a
most cruel and inhuman manner.
The petition was filed in the district
court yesterday by Paul F. Smith and
Eva Carter Smith. by their attorney,
George Westervelt 1t sets out that on
June 2S, 1897, an order was made by
Judge Hiles making Ethel Canter the
adopted child of Edward Magner and
Sarah Magner The child Ethel is the
daughter of Mrs. Smith by her former
husband, William @. Canter, now de-
ceased. She is now about years OF
age. The widow of William G. Canter
was married to Mr.. Smith on Nov. 20
last.
The petitioners then make the start
| ling allegations that continuously since
the adoption of little Ethel, the de-
PENDANT, Sarah Magner, has treated
and still treats the little one with the
utmost cruelty by beating and striking
her on the head. hands, body and face
with sticks, pieces of board, hair
brushes, wooden ladies and other ar
| ticles, and also an instrument in the
shape of a club, made of heavy leather.
/ On nun e'-SuS occasions, 1t is charged,
defenda has dragged the child about
by the HAIR and has pulled handfuls of
| hair out by the roots. It is specified in
the complaint that on one occasion the
defendant struck the child in the face
several times with rough piece of
inch board about a foot long, infiicting
wounds on its face and causing blood
to flow freely from its nose and mouth.
This and similar cruelty and ill-treat-
ment of said child by Mrs. Magner, it
is alleged. is well known to the said
Edward Magner, who, nevertheless,
suffers and permits her to continue the
same.
BY reason of the acts of cruelty men
toned the petitioners allege that the
child's health has been greatly i'm
paired: that it has wasted away and
has lost its strength and spirits, and
has materially decreased in weight /
during said period: that the child's /
health and safety are greatly endan-
SSISu ny DclIlS lSlI III CCSlOdy VI Tic
defendants, the charge continues and I
unless removed there is imminent dan /
ger that defendant, Sarah Magner, will }
infict serious and permanent injury /
upon said child. 1t is claimed that de- !
PENDANTS are unfit persons to have the
care and custody of little Ethel:
Accompanying the petition are af-
fidavits from Maggie Dowding, a do
nestle recently in the employ Of Mrs.
Magner, and Jennie Joransen, who was
a servant at the Magner house, S57
East First South street, last July and
August. These affiidavits set forth in
detail the acts Of cruelty complained of
as mentioned in the petition.
The relief prayed for by petitioners
is: % For an order annulling the de-
cree of adoption and awarding the GUS
tody of the child to Mr. and Mrs.
Smith. (2) Pending the final determin-
alton 'of the, controversy, that the child
be ordered placed in the care of a suit
able charitable institution. 90 That
defendants, Mr.. and Mrs. Magner, be
forever barred from setting up any
right or claim to the custody or control
of the little girl.
DEPUTY SHERIFF TAKES ETHEL.
Judge Hiles made an order that the
child be removed from the custody of
Mr.. and Mrs. Magner and placed in the
Davis DeaconesS Home on Third South
street pending the hearing of tie case
and Deputy Sheriff John Montgomery
drove to the Magner residence yester-
day evening and took the child to his
own home until today when it will be
placed in the home as directed by the
court.
LOOKS WELL AND HAPPY. {
The appearance of the child does not
by any means suhStantiate the allega-
Ethel is a small child, but looks we'll
and healthy and has no scars or bruises
about her person, such as it would
seem would be the inevitable result of
such treatment as she is alleged to t
ave been subjected to. She is well I
dressed, neat, clean and tidy. and an
,wcrs questions intelligently for child 1
# her years. She, however, makes !
statements, at one time
saying that her Mama Mrs. Magner)
reated her well and again that she
whipped her.
Mr.. Masner is the well known min
ng man and is at present in Idaho. :
drs. Magner denies in the most posi-
i've terms that there is an iota of truth
n the allegations of Mr. and Mrs
smith, founded on the affidavit of the
wo girls. At the time that Mr.. and a
frs. Wagner adopted the child its d
mother, Mrs Canter, was a widow in Il
cry poor circumstances and gladly L
onsented to the Magners taking the
tile one. Since then she married
NTH and Mrs. Magner and her friends
lain that she is taking this means to
egain her child. Mrs. Magner says the r.
lother may have the child, but she.
aels very much annoyed at charges of S
UGH u nature being made in regard to =
er treatment of Ethel. IL
Mr.. GULICK'S STATEMENT.
w. p. Quick, who lives at the Mag G
er house, says there is no truth in the
-atement that Mrs. Wagner ill-treated
thel. She had to be corrected occa- in
onally, like all children, but that was
one in a mild and proper manner. He v
iys there is no child in Salt Lake
hich receives better of more kindly
eatment, or is more INDUCED, and she
very fond of Mrs. Magner, whom w
lie knows only as he MAMA. 81 has y,
the comforts of life and pla. lgs 2E
I'd all those little trifles which gladden.
e heart of a child.