Waterbury evening Democrat., 1906-06-13
PAPER RULED OUT
Judge Reed Heard Attorneys in Light
 Case Yesterday Afternoon.

children Is by no means the end of
 the fight for their custody. In decid-
 ing point yesterday afternoon. Judge
 Reed said that even if he reversed
 the decision of the probate court and made Mrs Light joint guardian of the children with her husband 1t would
 have no effect upon the issue in volved in this case. Up to that time
 Attorney Kennedy. who appears for
 Mrs Light with Attorney J. K. Lawlor was up against the rulings of the
 court. He wished to introduce n pa per showing that Light had freely and fully surrendered the two child ren to the New England Home for Little Wanderers in Boston until they are 21. and that in the meantime he shall not inquire where they are. nor interfere with those having them in their care. In word he was to be as a stranger to his own children until they would reach their majority. He went on the stand. and testified to the papers but his evidence was ruled out. He examined Light but all was of no avail Every avenue seemed
 blocked to him. But he succeeded in the end, through slip of Judge Peas- ley, counsel .or Light.
 Light claimed thet he could have the children back from tive home any time he wished. yet the papers he signed deprived him of any claim on them. He said he did not thoroughly understand the papers and could not recall what they contained.
 Charles ]. Neale of 4S9 North Main street, foreman for the Scovill Man ufacturing company, was the agent by
 whom he had the children taken to the home. Mir Neale said his sister has been a music teacher in the home for forty years. He had no interest in the children but he took them to the
 home and handed them over to MT
 Reeve the missionary of the institu- tion. On May 30 Attorney Kennedy
 went to the home and secured from the officials an agreement to not send the children away until the fight for them is decided one way or the other for all time
 It was Mir Neale's impression that Light Surrendered the children for good or bad to the home. Children, he said are not kept at the home only un- til a place has been found for them. The only stipulation protecting the parents Is that the children are not to be sent west of the Mississippi. Parents are informed where their children are sent to.
 After Attorney Kenncdy's visit to the home on May 30. the officials wrote Mir Neale about it and it seems,
 scored Mrs Light. Attorney Kennedy wanted to introduce the letter but when he saw 1t reflected upon his
 client. of whom tile officials had only hearsay knowledge. he withdrew his
 request. Judge Peasley then tried to
 get 1t in hut it was ruled out.
 Light could not recall thing in the papers on which the children were ' sent fo the home. He c0ilN esPfsnot
 say if they contained a clause giving
 him power to reclaim the children +
 he wanted to.
 Some of the paragraphs of the pa pers are as follows:
 q now surrender the snid children
 to you fully and unreservedly" and
 q promise not to attempt to see them or reclaim them. or interfere in any
 manner with those in whose custody they may he placed' There was noth- ing said to him about getting the
 children back. and there was no one present when he signed the papers only his sister. The children do moi | cost him a cent in the home. He has not heen to see them since they were placed there. nor has heard from them or they from him. This was substan.
 tially all the evidence and Attorney | Kennedy stated that he would mol
 think he had done his duty by his client if he did not take the deposl. | tions of Missionary Reeve. and the
 other officials of the home regarding 1 the custody of the children. how they came to he there. the rules of the in
 stitutIon and why children are placed | in homes unknown to their parents.
 Attorney Kennedy said he could prove that Light surrendered the authority of the court to this institution.
 ! The court said that in his estimation such deposition would not he Of any great value to the question involved in this case. Of course he said if Light
 did surrender his guardianship of the children to the home. it was matter
 to he deplored. "Now Mr Kennedy"
 said Nc. "ft may not be dlgnified in
 the court to speak as freely as I am
 going to speak. believe you and I
 were in the legislature when this bill
 to establish joint guardianship came
 rr. It struck mo then that it would
 create n great deal. of trouble between
 husband and wife and am sorry tn
 say that it has created considerable.
 What arc the rights of joint guard
 ians. Neither has an exclusive right
 to the children and Mrs Light will
 have no such right assuming. for the
 sake of argument that she will le ap- , pointed fo her original status. In case the father refuses to let her see the
 children. I suppose vour next step
 then would be 10 bring habeas corp
 us"
 Attorney Kennedy answered that he
 wished to be as open with the court
 as the court was with him and he
 wished to say that under tho rircum-
 stances indicated bv the court the next
 step wouh le not hsbeas corpus. hut
 proceedings to have Light removed
 as guardian of the children. This con
 cluded tho hearing. leaving only the
 arguments to be made at the first oP-
 portunity this week