The sun. [volume] (New York [N.Y.]) 1833-1916, 1910-09-27
GIVES CHILD TO her MOTHER
JUSTICE AMEND SUPERSEDEs ,
STEUBEN co. GUARDIANSHIe

Question Raised whether The s,.DA.
surrogate. VINO a. County Judge ia.
Jurisdiction Like the Justieea "a,
Thus he OVerruled-APpeaL Mayh.
Under a ruling by Supreme Cour. la,
tice Amend yesterday Lyman B. HoJ.-
man. a farmer Of Painted Post n. ne.
surrender six-year-old Agnes Wilson D..
whom he was appointed guardian nv 81.
Surrogate Of Steuben county. % -.
mother. Mrs. Ellen Mcdonald Of Dove,
street. Mr.. Hodgman's application % \.
made guardian Of the child was opno.sI
in Steuben county by the Rev, Fa,h.'
Luke +. Evers. In whose parish NJ.
Mcdonald lives, on the ground tina, ~.
Hodgmans are Protestants and in,en,.;
TO bring the child UP In that faith.
When defeated in the guardianship ma.
ceedings the Rev. Father Ever. sued A.,
writ Of habeas corpus before Jp.,,..
Amend, In which John J. Delanv app..,.I
for Father Evers and the chlld's no,A.-
and Terence J. McAianus opposed
number OF hearings were held hefo,.
stenographer and after reading the test.
mony in the case the Court awarded ~.
child 20 its mother
The testimony showed that Miss Fs,h..
Seward Hall n charity worker and sis,.,
of Mrs. Hodgman. took a number n Ea.,
Side children to the country two year,
ago and the Hodgmans took a liking "a
Agnes Wilson and kept her for A IL,
months while the chTld's mother was An
Finally they lost track Of the mother an.
tirely and IL was not until the guardian.
ship proceedings came up that the mo,b.r
was heard from. She had been marnAs
in the meantime 20 a lon gshoreman ana
had another child. She told Father Fvs..
hat she wanted Agnes hack. Officers N
the Children's society testified that thu
Mcdonald home surroundings were NO,
proper for n child Of A gnes = age and other
witnesses aid that the Hodgmans nave
no children and are highly respectful In
their community. II was alleged ia b.
half Of the Hodgmans that the mothers
anxiety IN have her child back was due "a
the -iepfather's belief that the child could
aid the family by begging
Mrs Mcdonald and her husband both
denied This and said that they were vel
able 70 provide for the child.
In his decision Justice Amend said that
the ordinary dictates of humanity
require that n mother should not r.
separated against her will from her child
unless the welfare II tho child makes
fact that some person with means s
ready and willing To furnish a little one
with n home and comforts which the
mother hv reason Of her lack Of worldly
goods cannot give will not warrant the
Court in depriving the mother Of the
custody Of her offspring and awarding
the CUSTODY 20 tho person better situated
Justice Amend said he did not pass on
the Legality ~ the appointment ~ tia
guardian nv the Surrogate Of Steuben
county since he has power in a proper
case 10 take a child from an appointed
guardian LAWYER McAlanus said yes-
terday that he expected an appeal would
be- taken on tho ground that the action
before Justice Amend Is in the nature n
An appeal from the Surrogate ~ Steuben
'ountv whereas the Steuben county
~ also the County Judge and
~ such has coordinate Jurisdiction With
! Supreme Court Justice Of New York
county.