The sun., 1916-12-15
WOMAN, 80, JAILED
| FOR NON-SUPPORT
Grandmother Sentenced to Six
Months i'm WOrkhOuse
4 Under Old Statute.
SON DESERTED HIS WIFE
Their Children Destitute,
Daughter-in-law Gets $5 q
/ Week Order.

"A woman OF 80 spent last night IN
oDll and to-day will 20 to the workhouse
for six months because yesterday she re-
fUeed In court to pay IS week toward
The support OF her three grandchildren
On the ground that her son. father OF the
three little ones. is able to support them.
The ofI,ciai who sentenced the grand
Oother to help support her grandchil-
lrsn, Magistrate Harry Miller Of
y>naica, said after passing sentence
Snat not only were the circumstances
Isading up 10 yesterdays proceedings
vavsuai but also that the law itself upon
wAich he had acted was an old one that
nsvar had been passed upon BY the
higher courts.
The grandmother, Mrs. Clara Bcssen-
~, who owns the home In which she
lives at 100 Cedar avenue, Richmond Hill.
aa1 10 said to own other properties In
~ Bronx as we'll as a small bank ac-
sount, could have stayed out Of q cell by
pQt4ing up a bond Of $3.50 and obeyins
~ courts mandate to provide IS week
for hsr grandchildren, who now are des-
!. titutS A woman friend Of Mrs. Bessen-
gsr who vas In court promptly offered
% 10 on the bond. but Mrs. Bessenger
rseussd-on principle. she said.
OassAter-ia-Lsw Cs.plai.ast
TNs eemplaint upon which Mrs. Bes-
uooeor WAS sent yesterday to the Queens
ceunty jail. and to-daY will be trans
fsrred 10 the workhouse. was made by
hse Aaughter-in-iaw. MIS-. Edna Jones.
Rother Of the three grandchildren. Mrs.
Jonos's husband. who deserted his wife
end family some time ago. is son of
Mn. Bessenger by former marriage.
3he troubles Of Mrs. Bessenger. her
esa and daughter-in-law and the three
grandchildren first were brought to the
attention Of Magistrate Miller nine
months ago. At that time. Magistrate
Miller said yesterday, young Mrs. Jones
--ohe and her husband are in their
tventies-came before him and asked
lOr q warrant for the arrest Of Jones for
nea-support.
Jones. who says he Ia an actor. was ar
rested and hailed before Magistrate Mil
1er late last March. The Magistrate
found Jones guilty Of abandonment and
ovdered him to pay IS a week to his
wife. who was and Is delicate. procure a
bsaA Of $3.50 or go TO jail for six months.
Jenss went to Jail.
He was in . cell for about two months
VAsa. said the Magistrate. Mrs. Jones
ana her mother-in-law. Mrs. Bessenger.
came into his court again and asked for
hjs release on the ground that Mrs.. Jones
and her children thought he would be
better OF free ana working to support
his three children.
Pledged sons FuIAlnent.
Nagistrate Miller said that Mrs. Bes.
uoAgor on that occasion said she would
20 pm her sons bond and see to It that
he paid the IS a week he had been
ordered to pay. II tho son didn't do 30
then Mrs. Bessenger promised to see that
the IS would be forthcoming. SO Magis-
trate Miller recalled yesterday.
Tho magistrate thereupon released
young Jones last spring. Instead OF
working for his family. however. Jones
promptly disappeared and Mrs. Jones
has not seen her husband since. The
young wife and mother had baby only
o few months old on her hands and the
care Of two other children. one Of whom
contracted infantile paralysis during the
past summer. Mrs. Jones remained a
semi.invalid and she had no means OF
support.
30 once more Mrs. Jones came before
Magistrate Miller. this time asking help
for her children. The Magistrate says
he then asked her whether or not her
mother-in-law. Mrs. Bessenger, was not
rendering the financial help for the chill
dren that had been promised. Mu
Jones answered that Mrs. Bessenger was
not aiding the children and that IL It
were not for neighbors the little ones
would have nothing to eat.
Old statute Covers Case.
Mrs. Bessenger, the daughter In "
coutinued. although not wealthy. had
means enough TO help the children. and
the young mother instanced the bank
book. the property In which Mrs. Bes-
senGer lives and some property in the
Bronx.
Magistrate Miller thereupon made in
vestigations concernipg the Jones chill
dren and found that they were in dir,
need.
'I've looked into the law" he sal,
yesterday. and ] found an old sectioI
Of the code which empowered me TO com
init q grandparent for failure to supper
her grandchildren In case the grandchil
dren's parents are unable or will no
support their offspring to the exten
where the grandchildren are in danger o
becoming public charges"
Mrs. Bessenger therefore was brough
before Magistrate Miller yesterday oil
Mrs. Joness complaint and was ordere,
to pay the IS weekly, file bond o
$3.50 or go to the workhouse for 81,
months Mrs. Bessengers lawyer. Ed
gar +. Hasleton OF Jamaica. argued tina
the courts had no right In the circum
stances to put q grandmot her In Jail 70
non-support.
An Appeal IL Granted.
In the meantime Justice Kelly Of tn,
supreme Court and Judge Humphreys O
the Queens County Court had accordin,
TO Magistrate Miller. upheld the Mag
tstrste in his opinion that Mrs. Bes
senger could be sent to Jail. Mr.. Halle
ton asked In court yesterday that he b,
granted an appeal so that the Appella',
Division could pass upon the question
and this was granted by Magistrate Nil
Ier
Pending the decision OF the Appella,,
Division, however. which will not civ,
3ts decision before January at thSearliest
Mrs. Bessenger must stay In a cell. He
counsel says Mrs. Besseng"r has n.
8. property except the small house she live
------------
The A letter from
Lord 6 Taylor the English