The Providence news. (Providence [R.I.]) 1891-1906, 1903-03-12
over THE
CUSTODY
OF CHILD
Domestic Woes Of tho Ganey
Family Aired at Hearing Be-
fore Appellate Court.

The custody OF Mary Ganey, bright
little three-year-old was the cause OF
n lengthy airing OF the family troubles OF
her parents, Ellen and Patrick Ganey OF
Warren. during n hearing in the appel
late division OF the supreme court before
Justice Tillinghast today
The child was taken from the father In
March of last year by writ OF habeas
corpus, and Deputy Sheriff Cady, VINO
served the writ gave the child 10 the
custody OF her grandmother MIS-
Thomas Walsh, with whom she has since
remained.
Mrs. Ganey, who wants custody or the
child, said she had been married TO rat
rick Ganey four years and half ana she
had four children, two OF whom are nv
ing. The elder OF the two Is Mary, the
asrI of whom she wished the custody, and
the younger, a four-months-old baby.
She said her husband Is quarrelsome
and found fault with her for no apparent
reason. and told OF him kicking her out
of bed and ordering her from the house.
she went with the baby 10 her mother
where her husband came and snatched
the baby from her breast and went away
with H. The girl was then about SIX
months old and often her husband had
threatened to take the child 10 Ireland.
if she did not come back 20 him. Later
she was driven forth again. she claims,
and this time she had the child taken
from him by means OF the writ.
she introduced witnesses 10 tell OF her
husbands fault finding ways, OF his earn
ing capacity, having been able TO earn ~
or sS a week at a laundry showing her
ability TO care for the child.
owen counsel for the husDanu
entered a motion 10 dismiss the case as
"the court had no jurisdiction over inc
custody OF the child when no divorces
proceedings had been commenced net"ee,'
| Tho narcnts" and that the child vas III
! the custody OF her father, recognized as
! having a right to her under the laws oi
rho court declined to decide the matte:
off mana but stated that the testimony
on the other side would be heard ana the
matter of Jurisdiction would be heard or
briefs, which could be hled wiltIh ui'
next two weeks.
Nv Ganey took the stand and told o'
how he worked days week, Il hours
n day and said his wife spent most o.
the time at her mothers and al no
bother much about his meals wren M
demonstrated with her sne rSSp'nua, IL.
with violent AZ swer. He Sail lt wa
not only his wife he had to please pu
the VIII, le family. -,
TIcr r,other. who has custody OF tn
enid. vas seen by HIN nelo.ossly '"'oSl
cl.ed Re said and his wife often dr' =
He denied striking. kicking or threaten
inc her and said he had often tried toge
her TO return 10 live with him.
In rebuttal j. Il. Bolan. attorney Tor Tn
| netitioner recalled Mrs. Donovan, slste
81 Mrs Ganey, who fatty contradicte
Mr.. Ganey stating that it was he VIII
was drunk on the night he specified, tina
She took n quart bottle of whiskey fror
him and that her mother was not ther
! that night.
IL was after he was only seven % %rnontn
r ,,arried and his wife was then undergo
ing an operation.
The court granted a continuation OF IN
case for two weeks TO hear the argumen,
( on jurisdiction and stated the chiIII..coul
, remain with the mother and that u
{ father has privilege TO visit once
Y twice n week.