Norwich bulletin., 1917-12-12
DAHOOD APPEAL AT WESTERLY
Judge Charles w. Barows and Jury in Superior Court Hear Syrian Girls Case Reviewed-Mother Who Ne gtected Child Cared for at Rock Nook Home Norwich
 Objects Job Thorpe as Daughters Guardian Hearing Continued to Today. -

The appeal of HadIa Dahood from the decree of the Westerly probate court in appointing Job Tnorp. guar dian of the person and estate of Mary Dahood, was heard before Judge Ches- ter W. BarroWs and a, jury in the su- perior court for. Washington county in session at Westerly, Tuesday. Before a jury was empanelled. Judge Her bert ". Rathbun,' counsel for MT. Tlorp, argued; at considerable length quoting numerous authorities, that there was no question of fact for the jury to. consider, and therefore, it was not a case for the jury. The probate court. had jurisdiction to appoint the guardian and Miss DanoOd. under the dian, subject to the approval. Of the rrobate court. The probate court had l the right to appoints q guardian ana determine the qualifications by per was a hearing. and the court appoint ] ed Mr Thorp and he qualified and be- ca. ne guardian Hadla Dahood, non ] resident, claimed to be aGsrieEed at ] the appointment and made appeal to l the superior court for a jury trial
 : Judge Rafhl;un. continuing said. as ! sunning that the case be heard before Ia jury, what would be the issues? The statutes give the girl the right to ask i fo, a guardian, and the jury could only decide whether the selection oe 1 Mfr. Thorpe was a proper one No l such reason is given in! the appear, 1 ] proper selection, or, as against the girls best interests He could not l conceive a question of fact that could l be tried before a jury. The appellant ] has no standing in court; as she bad nc grievance, no substantiated griev- ance, as specified in the laws. She 1 has no pecuniary or personal griev- ] ance that is effected by the probate court decree. In the appeal it does not specify that it is for the best in ] terest of the girl OF that MT. Thorpe ] is objectionable, and a. T1on- resident is barred as guardian So the mother could not be appointed. Judge Rath- bun asked that the matter be dis posed of at this time. John j. Dunn, counsel for appellant, I claimed that the issues were matters 1 of fact for the jury to decide. This is ] an action of the probate court that is contrary to the evidence, and the ] questions of law raised was denied, and that no decisions quoted live di- reCtly on this particular. and unusual ! the decree is against the law and the evidence. He said he would show that Mrs. Dallood resided in New York. did not see the published snotice of hearing in the probate court, and knew ,notl- I inG of the appointment of a guardian until after final action by, the probate court He said the superior court ! had the right to review the finding gS of the probate court. and to consider whether the appointment of MT. iI4i crest of the girl. 4.-. - .s..z &Sfge Barrows said the real uues- l tiel~-or the jury was to decide wheth- : 1 CT. Mir, Thorp was a proper person to 1 act as guardian of the person and es- ] tase Of Mary .Dahood. and that the preponderanca of proof was with the appeIiant- He decided to let the case go to the jury.
  The jurors had been sent 'to the jury rccr1 while the r,atter was beino dis cussed.- The jurors were called in and there werS selected to serve on the rup, John Almond, Frank. l.. Smith. of Sorti, ekfrgstox,,; James E. Coleman, William E.; teadn1an of Westerly: iosenia F. Ennis; of Hopkinton: Geo. tyey of Cha-lestown:; Jaecb Finkie- stein and J. Everett Clark Of Nara Eansett. t--;.1.:- judge Rathbun explained inc case t. the jury showing that Mary Da- placed in the Rock Nook Home. in Norwich, where she remained five years practically abandoned by her mother. Then she was placed in the i family of John Thorpe, where she has since remained and is pow eighteen years of age. She applied for the ap- pontment of Mir. Thorpe as her guar : tliar and the court of probate grant. ed the application. ard from this de- cree Mrs. Dahood takes appeal Everett A. .Whipple. clerk of the. probate court. produced the.: orisinali
 a57plication for the appointment of Mir.
 T fforpe :ss guardian. and testified that: stf1e court made the appointrnent, .af
 ter due Fieariue. He kaew Mr.zThorpe
 Sand said he bore an excellent charac-
 ter and was .conpe tent to fill tho,
 guardian ship.
 Mary Dahood testified that she had
 lived in .he Thorpe family for seven
 years, and that Mir. and Mrs. Thorpe
 had treated her as she supposed
 father and mother should treat their
 Child. She appealed to the probate court for the appointment of "a. guar
 dian, as she considered that she need
 ed a guardian, and asked that MT.
 Thorpe be the guardian as he had
 been a father. to her, the only father
 slie ever knew. .-,'> -s-: -.
 Upon cross-exann;nation by Mir.
 Dunn. Miss" Dahood said that her
 mothers name was Hadla DahoOd, sor
 far as she knew, but that she had, re-
 ing that she was not her mother and
 that sometime she would reveal the
 secret of the birth of witness. adding
 tIiat- from the treatment she had re-
 las, strengthened the belief that Mrs.
 Dahood is not her. mother. For a
 year prior to September last, Mrs.
 Dahood had sent her unnecessary
 clothing. She did send her the dress
 worn when graduated from the Vest
 ter1y High school in 1916. s-s,g
 The Thorpes had treated her very
 kindly After she had been in the
 Thorpe family three weeks the mother
 called and did not hear from her again
 for four years. When at Rock Nook
 home her mother called there three or four times. Miss. Dahood& said she
 now taught school in Tanoaquag Val
 ley, eight miles from Westerly and
 lives at the home Of William E. Ken-s
 yon five days a week.. She had no per-
 sonal estate except her wages. She was born in Syria. The Thorpes have never abused her. and had never told rela tiues that she had been subjected to abuse. = 'rs
 Thomas H, Peabody. member of the Rhode Island and sConnecticut Ear as- sociation, the. former since 1885 and