The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1917-09-18
ARGUMENTS MADE
IN CROWELL CASE
Relations of Parties When
Mrs. CrOWell Left Are
Stated
DISPOSITIONS TO
BE TAKEN HERE
Will Be Used in Behalf of Mr.. Crowen
in Hearing on His Wife's Petition in
California - Custody of Child an I'm
portant Issue.

California - Custody of Child an I'm
portant Issue.
| Interest locally in the session of Wind
| ham county court at Newfane yester-
| day centered in the arguments of counsel
Respecting the Crowen divorce ease
Attorney Il. G. Bacon, counsel for Chris
tie b Crowell, who seeks divorce from
Elsinor r. Crowelt on the ground OF de-
sertion and asks the custody of their
minor son. naming Robert Wallace as
correspondent, is ready to have the case
court and had witnesses on hand pre-
pared to 90 ahead with the hearing At
torney w. 4. Daley appeared specially
for Mrs. Crowell, who is in California,
asking that the ease either be dismissed
or continued until a divorce petition
brought by Mrs. Crowen in Hornltos,
cal, be disposed of. Mr.. Daley said
he also appeared as a 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 Wallace,
was formally committed to the Brattle-
boro Retreat. lie became frequent
visitor at the home of Mr.. and Mrs.
Crowell. On Oct 26, 1912, something
over wear after Wallace came here,
: Mrs. Crowell was appointed by the pro
bate court as guardian of Wallace, and
t q 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 Crowell brought a
t petition for divorce, alleging desertion
' and asking for the custody of the child
5 and alimonv Mr.. Crowell entered a
e general appearance there, it is said, and
: fled an answer and a crossed omplaint
] in which he makes the charges relative
5 to Wallace and charges desertion and
asks the custody Of the child. Subse-
6 quent to that, in July of this year, Mr..
d Crowell brought petition for divorce in
J this county on grounds similar to those
z named in his documents filed in Cali
Z fornia.
: To the court yesterday Attorney Daley
{ Iargued that Mr.. Crowell, having entered
: general appearance in California and
having filed an answer and cross-com
plant. put himself within the iurisdic
: tion of the court there to try the case
: and hear both sides He emphasized
! tire comfy which has existed between
" states and courts whereby when a 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 thu
:. ease.
i, Mr.. Daley does not appear for Mrs
CFowell generally, as the legal term is
consequently the court here has no juris
dietion over her or the child. If tn
court here should try the case and gran
Mr.. Crowell divorce and custody o
@ the child, and if the California cour
y should grant Mrs. Crowell a divorc
and the custody of the child, it is Nj
Daley S contention that any order of tn
IN Vermont court relative to the custod
of the child would not be binding upo
the action of the California court eS
cept in Vermont.
IS IN his argument Attorney Daley stat
Id ed that Mrs. Crowell s appointment a
as Mr. Crowell S request, that Mr.. Grow
ellis father, the late George Z. Crowel
II. signed her bond for $500, that NJ
re- Crowell arranged to have them 60
,rt California on account of the child s
,th health, that he went with them to Il
in train that he has visited them in Cal
fornia and that he has sinae sent h,
IN: 800 month.
re- Delay in hearing the case was o
,ov posed by Attorney Bacon, who argue
ice that Mr. Crowell had been a lifelor
W. resident of Brattleboro, that up to Il
time his wife went away all of the
us married life had been spela here, that
ms: no general appearance for Mrs. Grove
MS has been entered here Mr.. Crowell's s 7
len tition in Windham county court is II
contested, and that Mr.. Crowell has
TON light to have his ease tried now
ne; Inc court decided TO holu tne ease
en- temporarily, but indicated that it1mig
Dris be trled later N the tefm' aithough
definite decision was announced.
The testimony of two witnesses w
taken, in order that their presence mig
not be required again. 1t was to sht
he that Mrs. Crowell had not visited h
as husband at the George E. Crowell re
nds denee, where he lives, since late
1912, and that Mr.. Wallace was comm
ung ted formally as an inmate at the Br
sOf tleboro Retreat.
uch 1t is claimed b. Mrs Crowell til
t ~ when she went away she went because
uch the illness of the child, who was
frail health, and with the understal