The Mount Holly news., 1915-03-02
TUESDAY. MARCH 2, 1916
Still Seeks to Recover Child.

ouli DECKS 10 NcCOV6T Onllu.
Not discouraged in the fight for her
little six-year-old daughter (who was
Kidnapped by her husband last month)
by an order of the Court OF Chancery
giving the custody of the child to the
father, Mrs. Gertrude Towne has taken
an appeal to the Court of Errors and
Appeals on the ground that Vice Chan
celIor Leaning erred in his decision. The
appeal will probably be argued at the
June term.
Mrs. Towne lives with her parents at
Atlantic City. and since January II,
when the child was kidnapped by her
husband, Claude Towne, has been in a
condition bordering on collapse. About
two weeks ago, when she endeavored to
secure possession Of her on writIof habeas
corpus, she tainted in the court room
when the Vice Chancellor ruled that the
little girl should be given into the Gus
tody Of the father. So much was her
life wrapped up in that of the daughter
that she declared she would die unless
the child was given to her, and Judge
Smathers has taken an appeal to the
highest court in the state in an attempt
to re-unite the mother and daughter.
The domestic difficulties between the
couple began six months after the child
was born. The husband, who was en-
ployed as telephone lineman, left his
wife and child and moved to Moores-
town. She went to the home of heI
parents, taking the baby with her. For
nearly three years she never heard from
him. Lately he attempted to affect a
reconciliation, but Mrs. Towne claimed
that she could never live with him
again, saying that he often went into
furious fits Of anger and she was afraid
Recently he wished her to go to Moores
town and live with him, but she refused.
He went to Atlantic City last January
and on the pretext of taking the child
for walk, kidnapped" her, and took
her to the place where he boarded.
The mother, frantic with grief, sought
the child and at last located it, but hs
refused to give it up. She sued out 9
writ OF habeas corpus and the hearing
was held at Camden several weeks ago
Judge Smathers made powerful pies
for the mother, showing the court tina
the law stated that the welfare of tn,
child must only be considered in award
ing the custody. He stated that tn,
husband had never and could not attacl
the moral character of his wife or tn,
home which she provided for the littl
girl and therefore the suitable place fol
her was with the mother.
The husband claimed that he had pro
vided home for his wife and sh,
had refused to live with him although
her home should have been with he
husband. 1t was on tn is ground tina
the Vice Chancellor gave the custody o
the child to the father.
In speaking of the case Judge Smather
said: I'VE are taking an appeal on thu
ground that the Vice Chancellor had ne
right in law to decide the custody of the
child out of sympathy for the husband
because the wife would not live with
him as he had asked her to do. TIL,
statute governing habeas corpus proceed
ings provides that the Vice Chancello
shall consider solely the happiness ant
welfare of the child in deciding between
the husband and wife who should hav,
her custody. In my opinion we showed
conclusively that the mothers home wa
the most suitable place and that tn
father lived in boarding house ant
must necessarily be at work the create
part of the time the child is awake"