The sun. [volume] (New York [N.Y.]) 1833-1916, 1910-11-05
iiTfi iiRR Eif KEEP HIS CHILD
!M0gHERs HAREAs CORPCS Pro-
rgEDgNG TO 4 RgFERgg.
Appellate Dastsisn Osrrruies Order NJ tine
Lever Court They've Attracted At
tension Dessre h, Their ssruggir~
to Get Away with the tlttie t;iri.

10 Get Away with the Little Gsri.
An order of Supreme Court Justics
Ford entered in habeas corpus proceed
ings directing Harry II Mathsr TO give
up the custody OF his three-year-old
daughter Doris to his wife. Maud L
Mathsr. was reversed yesterday by the
Appellate Division of the Supreme Court
on the ground that Justice Ford did not
examine into the facts in rhe case. The
Appellate Division directs the oficial
referee to take testimony In the case.
In the petition asking for the writ Mrs
Mather. who lives at si2 Eighth avenue.
Brooklyn. said that her husband took the
child away from her on December last
and put the little girl in the care Of his
mother. who IL more than 90 years old
She said that the child needed her care
and affection In his reply Mather de-
clared that he was appointed guardian
OF the child in Boston few days after he
took her away from her mother Hs
said that shortly after their marriage in
1903 in Newark they moved TO Boston,
where the child was born The child
was sickly from birth. he said. and had
TO have prepared food His wife refused
TO follow the advice Of a physician as TO
preparing the child's food. Aiather de
clar-d. ~ q result Of which 'hr infant
became i'll
Mathsr said that his wife complained
constantly about the work which the
child entailed. and finally neglected her
home duties aud said she was going to
retIrn TO New York He said that for
some time he had been in the habit Of
giving his wife nil his salary With tho e1-
cep,lon of small sum for EXPENSES. but
he found that she was neglecting "a h'iy
necessary articles and using pnrt of tho
money for illegal and unlawful purposes.
When he found this out he allowed her
only SIS a week. His wife finally took the
child and left Boston in spir. Of his
pleadings. and he followed her here,
Mather said He finally induced her TO
return TO BOSTON. but last October sh.
left him again and brought the child tn
the home of her married sister. Mrs
Louise Dickinson. ~ c3G seventh avenue.
Brooklyn
Again Mathsr followed hts wife here.
he said. hut she refused ~ talk to hun
and went to work IN "a department store
On December last he found the child
a, the Dickinson home II was IN such
ptilbla condition from neglect. h. said.
tina, although his aistsr-in Law tried IN
prevent him he took the child home with
him To Boston The child was seriously
III Of pneumonia for "A month afterward
Mather Said that his mother - now caring
Tor ms rhiIN. ana a'hougn hhc Ia more
than IN Years old she has had fiffe"n
children and ia able and anxious to give
tn. little girl all IN. care aud affection
sh. would r"celN. from her mother
In reply 70 her husbands allegations
Mrs Nath"r said she couldn't nurse the
child baCa,Isa Of her husbands III treat.
rnenr Of her and denies thar sh" spent
ANY money improperly She declares
THAI when her husband took the child
h. assaulted her sister The reason the
child had pneumonia. she said. was be-
cause Mather took her out On chilly De-
c"mt.r day with no hat or coat on and
carried her away III an automobile