Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1917-09-21
ARGUMENTS MADE
IN CR0WELL CASE
Relations Of Parties When Mrs.
CroweII Left
Dispositions Taken Here to Be Used in
Behalf of Mr.. Crowell in Hearing on
Wifes Petition.

Wife's Petition.
Interest locally in the session of Wind
ham county court at Newfane Mon
day centered in the arguments of counsc
respecting the Crowell divorce case
Attorney h. c. Bacon, counsel for Chris
tie b. Crowell, who seeks a divorce from
Elsinor X. Crowel on the ground of de
sertion and asks the custody of theii
minor son, naming Robert Wallace as
correspondent, is ready to have the case
heard at the present term of county
court and had witnesses on hand pre-
pared to go ahead with the hearing. At
torncy w. X. Daley appeared specially
for Mrs. CrOwell, who is in California
asking that the case either be dismissed
or continued until divorce petition
brought by Mrs. Crowell in Hornitos
Cal, be disposed of. Mr.. Daley said
he also appeared as friend of the
court, that no injustice might be done
through lack of knowledge of the real
situation.
1t appears that in 1911 Robert Wal
lace of Springfield, Mass, whose father
was of the firm of Forbes q Wallace,
was formally committed to the Brattlc-
visitor at the home of Mr.. and Mrs.
CroWell. On Oct. 26, 1912, something
over year after Wallace came here,
Mrs. Crowell was appointed by the pro-
bate court as guardian of Wallace, and
few weeks later Mrs. Crowell and
Wallace and the young son of Mr.. and
Mrs. Crowell went to California, which
was Mrs. Crowell S former home.
Late in 1916 Mrs. Crowcll brought a
petition for divorce, alleging desertion
and asking for the custody of the child
and alimony. Mr. Crowel entered a
general appearance there, it is said, and
filed an answer and crosse complaint
in which he makes the charges relative
to Wallace and charges desertioa and
asks the custody of the child. Suisse
quent to that, in July of this year, Mr..
Crowell brought a petition for divorce in
tins county on grounds similar to those
named III his documents filed in Cali.
fOrnia.
10 the court Monday Attorney Daley
argued that Mr.. Crowcll, having entered
general appearance in California and
having filed an answer and cross-com-
plant, put himself within the iurisdic-
ton of the court there to try the case
and hear both sides. He emphasized
the comfy which has existed between
states and courts whereby when court
gets jurisdiction of case and the same
issue subsequently comes UP in another
court the latter defers action until the
former has had opportunity to try the
case.
Mr.. Daley does not appear for Mrs
NroWell generally, as the legal term is
consequently the court here has no iuris-
dlctlon over her or the child. If the
court here should try the case and grant
Mr.. Crowell q divorce and custody of
the child, and if the California court
should grant Mrs. Crowell a divorce
and the custody of the child, it is Mr.. |
Daley S contention that any order of the
Vermont court relative to the custody T.
f the child would not be binding upon
he action of the California court eX-
ept in Vermont.
In his argument Attorney Daley stat
d that Mrs. Crowell IS appointment as
guardian of Mr.. Wallace was made at
Mr.. Crowell S request, that Mr. Crow
III s father, the late George f. Crowell,
igned her bond for $4,000, that Mr.. |
Jrowell arranged to have them go to |
california on account of the child S i'll |
health, that he went with them to the |
rain, that he has visited them in Cali |
fornia and that he has since sent her
300 a month.
Delay in hearing the case was OPP
posed by Attorney Bacon, who argued
that Mr.. Crowell had been lifelong
resident of Brattleboro, that up to the
time his wife went away all of their
married life had been spent here, that as
no general appearance for Mrs. Crowell
has been entered here Mr.. Crowell' s pc
tition in Windham county court is un-
contested, and that Mr.. Crowcll has
light to have his case tried now.
The court decided to hold the case up
but indicated that it might
be tried later in the term, although no
definite decision was announced
The testimony of two witnesses was
taken, in order that their presence might
not be required again. 1t was to show
that Mrs. Crowell had not visited her
husband at the George +. Crowell resi-
dencc, whore he lives, since late in
1912, and that Mr.. Wallace was commit
ted formally as an inmate at the Brat
tleborO Retreat.
1t is claimed by Mrs. Crowell that
when she went away she went because of
the illness of the child, who was in
frail health, and with the understand.
ing that Mr.. Crowell would come to
California later to live.
The attorneys in California for both
parties have agreed that dispositions in
behalf of Mr.. Crowell may be taken in
before n. d. Clawson for
use in the California trial, and the per
sons whose dispositions may be taken
are named in the agreement. They in
clude half dozen or more Brattleboro
persons 1t is stated that the California
case will be tried regardless of the out
come of the case here.