The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1909-04-03
UNUSUAL sRArrLgsoRo CASE
Woman Seeks to Recover Daughter
Adopted by Bellows Falls Family

Brattleboro, April 3.-An unusual
! instance of domestic infelicity came
to the attention of Superior Judge f.
NJ. Butler of Rutland here Tuesday
at a hearing on writ of habeas cor
pus for the release of Helen Sparrow
of Avalon. Penn, who was in the
custody of Mr.. and MRS. Henry Spar
row of Bellows Falls, by whom she
was adopted a few days ago. The
girl is seven years old and is a daugh-
ter of Mr. and Mrs. Allan f. Sparrow
of Avalon
I A short time ago her father who is
a brother of Henry Sparrow, left home
with the girl without telling his wife
of whom, it is alleged, he was jealous,
where he was going, and took her to
Bellows Falls where she was adopted.
The mother who is seeking to gain
| possession of the girl on habeas cor
pus proceedings, says the child is de-
prived of her liberty without due pro-
cess OF law. 1t was admitted that the
/ mother was not notified, but H. ID. Ry-
der, counsel for the husband, contend
ed that the adoption was strictly in
accordance with the statute, which
provides that where a minor is adopt
ed, the document must be signed by
one of the parents
r. w. Gibson counsel for Mrs. Spar
row, contended that It was not con-
stitutional, that it gave the husband
right to sign away the wife's right
and interest in her child. Judge But
Ter said that in his opinion the hus-
bands rights were not paramount to
those of the wife, and that If they
were on an equality the husband could
not sign away the wife's right without
her consent. He adjourned the hear
ing to April II to satisfy himself on
those points, as apparently this is the
first case of its kind that has come
up in this state.
Judge Butler gave Mrs. Sparrow the
custody of the child, Mrs. Sparrow
furnishing a bond for $1,000 to keep
her in the state and produce her in
court when ordered.
The statement of the counsel show
ed that previous to this year Mr.. and
Mrs Allan F. Sparrow and their
daughter Helen lived in Avalon, near
Pittsburg Henry +. Ames, who is
now in Newfane jail in this county,
went to their home to board and Mr..
Sparrow became jealous of him An
arrangement was made whereby Mrs.
Sparrow was to go to the home of
her father, Lorin Taylor in Winches-
ter. n H.. to remain few months.
Shortly before the time for her de-
parture her husband took the child
out of the house on the preteXt that
he was going to buy a pair of shoes
for her. He did not return that day
or the next, and the furniture was Ia
ken from the house by virtue of a
mortgage.
Mrs. Sparrow had no monty but
she borrowed some of Mr.. Ames in
order that she might come to Yer
mont in search for her daughter
among relatives. Ames accompanied
her to South Vernon, where she was
met by her brother, f. II. Taylor OF
West Brattleboro. Mrs. Sparrow
searched among relatives in Spring
field, and in Bellows Falls and
at the latter place she found that the
child had been adopted by her hus-
bands brother and his wife. Mr. and
Mrs. Henry Sparrow.
Meanwhile the husband brought
suit against Ames on the charge of
alienation of affections So great was
Mrs. Sparrow's desire TO obtain poss-
ession Of her child that she agreed TO
lure Ames into Vermont so that he
could be arrested if only her child
could be restored to her She wrote
a letter to Ames asking him to come
10 Brattleboro, which ne did, and i'm
mediately upon his arrival he was ar
rested by Chief of Police James H.
Evans and delivered to Bellows Falls
officers, who took him TO Bellows
Falls. Ames was held under $4,000
bonds and as he was unable to give !
security he was taken to Newfane
jail
Mrs. Sparrow then demanded her !
child but the agreement was not car |
ried out, whereupon she brought a !
petition to have the adoption vacated. |