Evening journal., 1913-05-03
FATHER LOSES
COURT FIGHT
FOR HIS SON
Marvel, However, Will be
Permitted to See Child
One Day a Week
JUDGE HOPES FOR
RECONCILIATION OF PAIR

Resident Judge Herbert l.. Rice
this morning handed down decision
in the habeas corpus case of Neal r.
Marvel VS.. Olive Marvel for the pos
session of their child, Pierce " Mar
vel The order places the child in
the custody of his mother. The father
is to have the company of the child,
who is four and a half years old on
each Saturday In case the father is
not home then he is to have the child
from 10 to 10 o'clock on Sunday. The
court expressed the hope that by
carrying out the order the couple
would eventually reach a reconcilia-
ton.
During the review of the testimony
by Judge Rice and his remarks to
Mrs. Marvel tears flowed Freely from
the eyes of several persons lin court.
Judge Rice in prefacing his order
said in part:
This a hearing on petition OF
habeas corpus brought by Neal K.
Marvel against Olive Marvel for pos
session of the child, which is aged
about four and one-half years. The
case has been very distressing one
to hear, and l have no doubt the al
j torneys found it a very distressing
0ne to present. l desire TO commend
the attorneys on both sides for the
able manner in which they have pre-
gented the case. The presentation OF
the case was made in such way as
to assist the court in making tho
proper directions in the case.
"rhis child, on account of the sepa-
k without
home. Under no circumstances can
il be said at this time the child has
a home. IL is necessary to consider,
in this case. the rights of the hus-
band and the rights of the wife, and
also the welfare of the child of such
tender years. / don't think 1t is
necessary, nor would it be possible
for me to review all the evidence in
this case, but it is possibly due to the
husband and wife. and to the attor-
neys that ] state some of the pieces
of evidence that have helped me TO
a come to decision in the matter.
The petitioner, Neal r. Marvel, hus-
4 band of Olive Marvel and father OF
this child, has, from the time he went
on the stand, made and did make
quite a favorable impression on me
He seems to be in love with the child
and seems to have the interest of the
child at heart He has seemed to
be fair in his testimony, and in many
respects his testimony has been cor
roborated. IL is always necessary
to take into consideration the form
and nature of the testimony and tho
interest and bias of the witness in The
matter | considered the testimony
OF the petitioner in this manner. i
has been proved by the evidence tina
some time in April or May, 1912. tha
this wife was guilty of indiscretioi
with o man named Lloyd. If this !:
not true the weight of the evidence
at least is to that eeffect The evi
dence also shows that she has gonI
out to the park several times wiu
men, perhaps not always with th'
same man. There is no evidence o
any immortality in these meetings, ye
they were immodest. Wherever thu
wife happens to be Louis Donovan
finds it also convenient to be in tina
immediate vicinity. He came to he
mothers house while she was there
and he is a frequnt visitor at tn
home where she now resides. He ha
also been with her several times il
Brandywine Park.
IL would seem that Louis finds
very convenient to be in her society
at, least from the weight of the evi
dence The wife. on her part, denie
the testimony of the witnesses for tn
petitioner, but unfortunately for he
she was not corroborated in much o
her testimony. She has not produce
witnesses to prove that she is tn
proper person for the care and Gus
todv of the child. Thus, to some ex
tent, some of the allegations of tn
petitioner are true. He has certai
rights and the wife has certain right
I'm this case. but we will now consid
er the prime consideration, whic
might not be the controlling featur,
but is one of paramount consideratiO
the welfare of the child.
There is nothing in the evidenc
to show that this man can give tn
child home such as would make u
for the tender love and care that
could only receive from its mother
The mother can and does offer some
thing in the nature of a home TO
the child. There has been nothin
introduced to show that the Virden
home is not proper place for th
child. OF course we must conside
the time spent by the child with II
grandparents and at least one of tn
grandparents is not a proper perso
to be associated with the child, usin
profano and abusive language. II
not proper for IL to be with III
grandparents and IL may be that til
wife has been somewhat neglectful {
the child. by allowing it to go to Ii
home of the grandparents. II is
hard proposition to meet.
But as stated. the father has n
home to offer the child. The neare
he can come to home is a boardin
house for the child at present, an
later the care of a sister who do'
not live in this city. There has bee
no evidence in the case to show th
this sister has any love for the chi
or is willing and anxious to tai
care of It, At the child's tender al
it would take a good bit to take Il
place OF a mother. If the child
given to the father he could not gi'
the proper care and attention to
as he is a railroad man and may
out of town when the child is ill., {
the other hand the home with Il
mother is a home with friends,
young couple with a child of the