Norwich bulletin., 1917-12-13

nOOQ against JOD 1nOrpe, an appeal
 the appointment of MT. Thorpe as
 guardian of the person and estate of
 Mary Dahood, daughter of plaintiff.
 resulted in a verdict approving the
 probate court action, Wednesday noon,
 in the superior court for Washington
 county, in session at Westerly. EA
 fore the jury was called in Wednes-
 day morning Judge Rathbun stated
 that in view of the testimony intro
 duced he felt justified in asking for
 a directed verdict in favor of '. MT.
 Thorpe and in approval of the West
 erly probate court Judge Barrews
 said that while the case perhaps war
 ranted a. directed verdict, he would
 not so order, but would let the mat
 ter go to the jury and take a chance
 that the verdict would be in, compli-
 ance with the facts and. the law.
 There was some discussion between Attorney Rathbun and Attorney. Dunn
 as to the subject to be argued. to the
 jury, and Judge Barrows decided that
 the only question for the jury was the
 question of approval of the appoint
 ment of Job Thorpe by the probate
 court as guardian of the person and
 estate of Mary -Dahood-
 The jurors were called in and Mr..
 Dunn made the opening argument. He
 told of the coming to New. York from
 Syria of the widow, Hadla- Dahood.
 with three Small children and of her subsequently, going to Norwich. Where
 she peddled from house to house but
 could not earn sufficient to properly
 care for her children, and they were
 placed in the Rock Nook home Mary
 Dahood remaining at the home for a
 period of five years or until she was
 mothers consent, Mary was placed in
 the Thorpe family, and all went well
 between mother and daughter, each
 visiting the other at intervals. and al-
 sx, y1tt mi
 1916, when. Mary seemed to have for
 gotten her mother. Before that year
 Mary visited her mother during vaca-
 tions, at her home in Brooklyn. Up to
 feeling. apparently. Mary was to
 graduate from the Westerly High
 school and was then to return to her,
 mother. according to agreement. After
 The mother objected to Mary becoming
 school teacher with assignment in
 Tomaquag Valley. far removed from
 the Thorpe home. The mother want
 ed the girl to go with her to Brook lyn- and there was absolute refusal, and the girls former love for mother was changed. Still the mother wants her daughter but finds; she is in peculiar position under the laws of the state. This guardianship never had her approval and the only thing left for her was to seek assistance in the courts, and the first necessary move was the appeal from the action of the probate court There was no special objection to Mir. Thorpe. as an individual but there was objection to1 any person being the guardian and su- percede the mothers right to have the change of her minor daughte
 Attorney Rathbun reviewed the tes- timony' briefly and brought out the es- sentiai facts that he asked the jufy to consider, and cited plainly and forciby the points that. must guide the a 2 q 3H fendant, Thorpe. and for the best in terests of the girl, Mary Dahood.
 Judge Barrovvs, in his charge to thel ture of the mother and daughter, in deep and undivided affection, but he said all homes are not like that, for there are homes where such love does not exist. He referred to the Toma- Guag Schoolhouse episode to show that Mns. Dahood probably prevaricated in her testimony when she said she did not lay hands on Mary, contrary to the testimony of two witnesses. and that the marks the girl bore were the result of a n1otferiy hugging. but what the children of his family would term bsar hugging. In Rhode Island a minor over IA has the right to apply to the probate court for 9 guardian and has Mary Dahood did. She named Job 1 Thorpe, and the probate court ap- proved an dappointed. It is not a 1 question of whether the mother should i lent could be appointed guardian. The question for the jury is to approve or,t the appointment of MT. Thorpe. There is discrepancy in the | .estimony of Mrs. Dahood in many | m mportant points. She said she want d to pay for the support of Mary in f he Rock Nook home and that Mrs. i Tohn C.. Averiii told her there was no leed for, such payment. While Mrs. AverilI testified that she frequently .sked Mrs. Dahood to make payments md received only promises to pay hat were never fulfilled.
 Andrew Farrell, 65, a resident of Westerly for the past forty years, lied Wednesday night at his l1ome No. 40 Summer street. He sustained paralytic shock three years ago and las been on the decline ever since. Mr. Farrell was born in Ireland, was ! stone cutter: by trade and worked Or several years at the plant of the New England Granite Works. Twenty + Tears ago he engaged in the granite business on his own account, later f akins his son. John A., into part | :ership and the business was conduct d under the name of Andrew Farrell a Son. f-' t /. He was an ardent democrat and SaI- E ways took an active part in political work and it was mainly through his F sfforts that there was a semblance- of ! democratic organization in repub- icaa Westerly. No one. had attefnpt-z et. to take his place in party manage | nent and as a result there were nc democratic nominations in the recent own election. For many years he r was a member of the democratic slate | central committee and always at ], ended democratic state conventions. |.
 He is survived by his wife, Marytt Clancy Farrell three f1sng1ters Mrs | Edwin Cole-,~- or Tr~tariy, Mrs Walter Fitzpatrick Of Providence
 Miss Helen Aarreir os W esterly; five l, sons, Postnlaste John A.sF'arrell Her | pert N, Edward A.. Lieut.. Charles A., | If the U. s. Medical Corps, now in E England, and Walter Farrell of sWes- .erly. ss