The sun. [volume] (New York [N.Y.]) 1833-1916, 1907-07-12
COURT REBUKES GERRY AGENT
PERJURER. JUSTICE DAYTON
CALLS DARLINGTON.
Lawyer sullivan Protests In Vain Against
the statement From the Bench Agent
Had sworn nat Nr. and Mrs. kehoe
We're Intemperate-Child Freed.

hsV - ~ N@ttN
the statement From the Bench agent
Had sworn That Mr. and Mrs. keboe
We're Tntemperste-Chil Freed.
From the bench in Special Term. Part
l., yesterday Justice Dayton. in the Supreme
Court. declared that he believed that Edward
c. Harrington. an agent of the Gerry society,
had deliberately perjured himself or the
witness stand in an effort to maintain the
society's grip on a child that had been
taken from the custody of it's parents on
April 30.
Cornelius j. Sullivan Of Nicoll, Anable
a Lindsay. who appeared for the society
and Harrington, attempted 20 argue with
Justice Dayton. but the latter cut the lawyer
very short, declaring that he meant every
thing he had said.
In the court room were a number of
women friends 81 Mr.. and Mrs. Joseph
Kehoe, parents of the child, a five-yesr-old
girl. kehoe is an employee Of the Bridge
Department and has lung trouble. In
April last he went TO st. Vincent's Hospital
for treatment and while he was there Mrs.
kehoe, who is a school teacher, broke up
housekeeping and went to boarding. The
child was sent to live with friends at 687
West 14lst street. n it was while she
was there that Harrington tool her TO
the society's rooms. On his own affidavit
that the mother and father were Incorporate
and not fit TO have the care of a young child
Harrington had the child committed to
the society's care.
Mr.. and Mrs. Kehoe eng ged Lawyer
Jacob Fromme to institute proceedings
TO regain possession of the child and the
case came up before Justice Dayton yester-
day. Harrington was examined. and also
Mrs. Kehoe and a couple Of her women
friends and two Of the Sisters from ST.
Vincent's.
Harrington testified that Mrs. Kehoe
herself had admitted to him that her hus-
band was a drunkard and that she did not
want the responsibility Of caring for the
child. An attempt was made to show
that Mrs. Kehoe had been tried on charges
of intcmperance before the Board of Edu-
cation, but the record showed that the
charges had been thrown out as unfounded.
Other ttempts we're made to show That
kehoe was a hahitlal drunkard and had
been tried on charges by the Bridge Com
missioner, but Mrs. kehoe and her friends
denied this vigorously and the sisters also
declared that Kehoe had come TO the hos
pltal for lung trouble and not for alcohol
ism, as Harrington testified. yhe records
of the Bridge Department shoted that
kehoe had been charged with neglect of
duty, due 10 poor health.
Justice Dayton in restoring the child
to it's parents made a long statement to
the court stenographer in which ne re-
viewed at length the testimony taken be-
fore him. He said that he was satisfied
thai the parents Of the child were not in
temperate, as alleged by Harrington, and
that they were quite competent to care
for the child.
They are the safe and proper ~custodians
Of this child" said Justice Dayton, and |
direct that IL be returned TO them forth
with. The Gerry society is not. in my
opinion. the safe or proper custodian of
this child, and | am convinced that the
society's agent. harrington, has sworn
falsely in these proceedings. IL IL a clear
case of oppression. in my opinion, and
while | do not know its motive | am con-
WINGED from the testimony of both sides
that a personal feeling lies at the bottom
of it. ] therefore grant the application
Of these parents and order the child to be
surrendered TO them"
Lawyer Sullivan declared that he wished
to take an exception 70 the whole state
ment of Justice Dayton. especially that
which referred to a personal feeling on
FarrinRton's part and 10 the charge OF
perjury against him.
Such a statement against the society's
agent is far too serious 20 be allowed TO
go uncha llenged. exclaimed Mr.. Sullivan.
Il am sorry, replied justice Dayton,
but il is my deliberate statement, and
must stand"
But there is no such testimony here
az would warrant such a statement" said
Sullivan.
Il beg your pardon. sir" Justice DAYTON
reminded him, but ! am deciding this
case. sir. and shall decide ii in my own
way"
This is a very severe characterization
that your Honor has made of the action
of the society and its agent and I do not
think il justified -" went on Sullivan.
MIR. Sullivan" replied Justice Dayton,
81 have made that characterization and
you may c~riticise il as much as you please
without in any way altering my state
ment or opinion"
Sullivan fastened 10 say tina he had
no intention Of criticising the Justices
decision. but Justice Dayton was already
Of the bench. He subsequently directed
that an order releasing the child from
the society's custody he entered and served
tn-lau