New Britain herald., 1917-09-19
DE SAULLES BOY IN
 GUARDIANSHIP FUED
Brother of Murdered Man Wishes
 to Have Nephew

New York, Sept. 19-The likelihood
 that the guardianship of John l.. de
 Saulles, Jr., the infant son of Mrs.
 Blanca Errazuriz de Saulles, will be
 taken from her before she has been
 indicted for killing her husband was
 indicated yesterday in the course of an argument before Surrogate Fowler
 in the application of Charles A. H.
 de saulles uncle of tho boy, to be
 named as his guardian. Henry A.
 Uterhart, counsel for Mrs. de Saulles.
 questioned the Jurisdiction of surro-
 gate Fowler to hear the case on the
 ground that the decedent was resi-
 dent of Nassau County, but the sur rogate ruled that he had Jurisdiction. Acting Surrogate Smith of Nassau county. who has been retained to aid Tn Mrs de Saulle's defense, was also
 In court in her behalf.
 Ex-senator James A. O'Gorman al,. peared for the petitioner and con- tended that the mother had "inca- pac1tated" herself from acting as
 her sons guardian. He said that since her relatives are aliens the boys
 uncle on his fathers side should be appointed since the other paternal | relatives have consented to his ap- po1ntment. MT. Uterhart replied that Mrs. de Saulles must be deemed in- 1 nocent until she has been declared guilty of killing her husband and. when Surrogate Fowler interrupted to., ask If tho attorney didn't believe the surrogate had power to use his dis cret1on in the case, MT. Uterhart said T do not think the case of Mrs. de Saulles should be prejudiced in l the eyes of the community and of persons likely to be called on the jury through having newspaper head | lines state that the surrogate has 1 taken this mothers boy away from her. At any rate I do not believe 1t l fair for the court to exercise discre- | tion by appointing as guardian the 1 bitterest enemy of the mother. If the court insists on appointing a guardian
 we would not object to Mrs. G. Maur-
 ice Hecksher, with whom the boy has
 been staying since the death of his l father"
 O'Gorman Objects to Woman. q
 As to the appointment of Mrs. Hecl~
 scher, who is the wife of the deced-
 ent's cousin and business partner, Sen- l ator O'Gorman made objection and in- 1 sisted that his client should be named | as a matter of right, although counsel l for Mrs. De Saulles said that the boy 1 should be under a woman's care. He
 stated that if Mrs. De Saulles is ac- quilted she might have trouble gettings
 her boy back. The argument also revealed differ 1 ences between Mrs. De Saulles and tho l relatives of her husband as to her ] sons visits at the Mineola Jail, as tho 1 result of which she hasn't seen her son since Aug. 2s. George Gordon Battle. | counsel for the De saulles family.
 wrote Mrs. De Saulles's attorney on . Aug. 15 that her son would visit her
 at reasonable times if twenty-four hours notice of the mothers desire to
 sec her son were given. Mrs. Do
 saulles replied on the following day 1 that she wanted to see her son every l day from 10 to 12 A. M., but on Aug. 1 IT MT. Battle replied that he didn't believe daily visits were "reasonable'' l and said the family considered that 1 twice week would be reasonable. The attorneys met at the Bar As-
 sociation to discuss the boys visits and
 MT. Battle suggested that the mother
 send word to Charles A. H. de Saulles direct when she wanted the boy to visit her. MT. Uterhart would not consider the suggestion and the boy went to see his mother on Aug. 24, and for the third and last time on {
 Aug. 28. Subsequently MT. Battle in-
 sisted that notice of the desired visit
 be sent to Charles A. H. De SaulleH
 and because of Mrs. De Saulles re-
 fusal to do so she has not seen her son
 for three weeks.
 Surrogate Fowler reserved decision.