The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1909-06-25
ARGUMENTS MADE
IN ESTABR00K
HEARING
Heabeas Corpus Proceedings
for Possession Of Child
NO DECISION AT PRESENT
udoe Waterman Adjourned June
Term Of County Court at Man.
chester This Morning

Manchester, June 25.-lt was aiter
civ otlock last evening when the a.,
tornevs in the habeas corpus procecu
ines brought by Mrs. Nellie EstaDrooN
oooinst her former husband, benjamin
N Estabrook to obtain possession Vi
The five wear old daughter, Leonora'
comnleted their arguments. Judge H.
|. Waterman of Brattleboro, VINO mas
been presiding at the present term Vi
county court, then retired WIN the DIT,
tornevs and it was later announced
FIAT no decision would be rendered III
the case at present. In all probability
II will be necessary for the attorneys
TO again appear before Judge water
man some time early in July Tor tur-
ther argument. The date OF this ap,
nearance cannot be determined untll
Judge Waterman has consldereo MS
Appointments for next month.
The two principals in the nearing
were both present in the court room
Yesterday afternoon and the expert
ence was in some respects more try
ing than that of the previous sessions
when the evidence was being introduc-
ed. The attorneys after presenting
the legal points at issue in the case
attacked the regulations of the father
and mother of the little child. Mr..
Rarber insisted in vigorous and pam
language that the mother by her acts
nad shown that she was not the prop
err person to be entrusted with the
care of little girl of tender years.
On the other hand Mr.. Batchelder han
died the father without gloves, TOOK
up the Atlantic City episode as II APP
reared in the evidence and claimed
that Mr.. Estabrook was equally unht
TO be the child's guardian.
During the denunciation by Mr.. bar
her. Mrs. Estabrook, WAC was sup
ported during the ordeal by her aunt,
Mrs. Nora, Hecker of Baltimore, went
white to the lips and made frequent
use of the pitcher of ice water that
had been placed upon the table near
bv. The petitionee also appeared to
be under an unusual mental strain
during the latter part of Mr.. Batchel
der's argument. AT one of the attor
ney's particularly pointed thrusts his
head went around like that of a pugll
list who had received a Earring blow in
the body.
Inasmuch as neither the father OF
mother of the little child were called
upon to take any part in the hearing
it would have been better for both had
they elected to remain away from the
court room. BY their presence they
placed themselves under severe
mental strain out of which nothing
could be gained.
There were but few people in the
court room when the arguments were
begun. Attorney r. c. Sanford OF Al
bany. who brought the separation pro
ceedings for Mrs. Estabrook before the
New York state court, was in consul
tation with Attorneys Maurer and Bat
chelder and the audience was most
" composed of the principals and the
witnesses in several divorce cases tina
had been heard during the day
Mr.. Maurer made the opening argu
ment for the petitioner. He confined
himself almost entirely to the point o
law involved in the case, the order by
the supreme court of New York grant
ing a separation and custody of the
child to the mother. He claimed tina
the order under that section of the
constitution relating to the acts o
courts of sister states should be bind
ing in Vermont and that it should fur
Their be binding for the reason tina
the real residence of the parties t
the proceedings was in the state o
New York. In conclusion he stated
that the husband by his acts haC
showed himself incompetent to car,
for a child of tender years.
Mr.. Barber argued that the order o
the New York court was not binding
in Vermont inasmuch as it was with
out jurisdiction and particularly-so a
regards the child. The little girl, h
insisted, was out of the jurisdiction o
that state at the time the order wa
issued and the father too, had left tina
state and taken up his home in Be1
nington. The case of Haddock VS.
Haddock was referred to by attorney
for both parties. Mr.. Barber argue
at some length and laid unusual stree
upon the mothers unfitness to car
for the child. He went over severa
incidents as disclosed in the evidenc
and portions of the letter found unde
the mating after the Estabrook HON
In Troy was broken up, were rea(
This letter was unsigned and it's cor
tents were not revealed during tn
taking of the evidence.
For the petitioner Mr.. Batchelde
claimed that the matrimonial domocil
OF the couple had never been remove
from the state of New York, tina
the sudden departure of the fathe
from that state, as the attorney claim
ed to avoid being served with paper
IN the case, could not constitute
cnange of the matrimonial domocil,
Like the attorney for the petitionee b