The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-10-21
HAzEN SAYS NO"
Refuses to Take Hazel High
From Her Grandmother.
Makes a Touching Explanation
of His Decision.
NOT HEART TO DO 1T.
Child Directs Grandparent Who
Is Almost Helpless.
People in Court Room Are Moved
to Tears.
NOT HEART TO DO 1T.

when 1 saw the little girl leading
her almost blind grandmother into
court this morning. not knowing what
her fate would be and whether she
would leave here again with her grand
mother or not L simply could not take
her away and separate her and her
grandmother, said Judge Hazen in
the district court this morning in de-
Gliding the habeas corpus case brought
by Mrs. Maud l.. Goodwin for the
possession of her ten-year-oId daugh-
ter. Hazel High. who has lived with
her grandmother ever since she was
born.
The evidence in the case was given
Thursday before Judge Hazen and
this morning the brief arguments
were made. Yesterday and today Ha-
eel High led her blind grandmother
TO the court house and into the court
room. At the trial of the case the
testimony was TO the effect that the
grandmother had reared Hazel on a
bottle, and had clothed and fed her
and sent her to school.
On the witness stand the aged
grandmother told such a simple, hon.
est and straightforward story, with
the usual simplicities that go with the
evidence from one totally unaccuS-
toned to court proceedings, that ev-
eryone in the court room felt that the
grandmother and the granddaughter,
who had been companions constantly
Tor ten years, should not be parted and
this was strengthened when Hazel
High testified that she did not love her
mother and did not want to live with
her but that she does love her grand
mother and wishes to live with her
On the witness stand Mrs. Jackson,
the grandmother. testified that she
told Hazel's mother that when she was
gone that Hazel should have all her
property, a five room home and four
lots on Jackson street in North To-
peka.
The law in such cases is that the
judge OF the court shall use more dis
erection than in most cases and there
IS no positive law to be followed. In
delivering his opinion in the case Judge
dazen said; In most cases in a con-
test over the possession of a child the
court would give the child to the moth
er but this i5 an unusual case When
the little girl, Hazel High, was on the
stand l noticed her particularly and
her appearance which spoke of her be-
ing well cared for. When 1 saw them
come to the court room this morning
1 did not see how 1 could take her
from her grandmother. I saw the little
girl leading her almost blind grand
mother to the court house She did not
know what her fate in this case might
be. l simply have not the heart to
take her from her grandmother.
All parties to this case are living
In the city and the little girl can visit
all parties Her grandmother has Civ
en- her the best of care. 1 do not say
that the mother would not care for her
equally as well, but under the circdn-
stances the court can see no other way
10 decide the case. What would be
come of the grandmother if the court
took the child from herr
The parties to this suit may find
some court and some judge that will
apply more strict law and take the
child from her grandmother but l can
not do it.
Little girl, 1 want you to visit your
mother and treat her with all consii-
Grafton as you should and your grand
mother must do nothing to poison your
mind against your mother. have seen
no evidence of any such action but
wish to give the advice"
There was scarcely a dry eye in the
court room when the judge finished.