The sun., 1919-03-27
JOEL WOLFE THORNE
A WILL O. THE WISP
= ---
Estranged Mother Positive
She Saw Him In Fifth
Avenue Mansion.
HAS THREE WITNESSES
, Grandmother Of Missing Boy
Denies He Saw Parade From
Her Window.
HAS THREE WITNESSES


failed In It's purpose yesterday ana
opened the way to what promised to
add bitterly contested court action to
the Ike history of Mary Casey OF Third
avenue, now Mrs. Thorne.
Young Thorne, who was In the Gus
tody of his mother following the es-
arrangement Of his parents. disappeared
September "a while out walking with his
nurse. Helen Kerrigan. The latter tele-
phoned the boys mother that Joel Wolfe
Thorne. ST., was going to take them for
an automobile ride. That was the last
day Mrs. Thorne got close enough to
her son to speak TO him, but she never
has given up the search for him.
The habeas corpus writ obtained by
Randolph A. Gerard. a lawyer, Of 81
Chambers street from Justice Cohalan
Tuesday night was the outcome OF an
incident in connection with tho Twenty
seventh Division review. Mr.. Gerard
asserted to Justice Cohalan that four
reputable witnesses, including Mrs.
Thorne, had seen the boy in q second
story window of the homo Of Mrs.
Phoebe Thorne, the boys paternal grand
mother. at s14 Fifth avenue. The writ
was directed TO her and 'one Jane
Doe" the unidentified woman who APP
peared to have custody of the child a.
the parade passed up Fifth avenue.
Grandmother Makes Denial.
At the hearing, Mrs. Phoebe Thorne
through counsel. denied absolutely the
presence of the boy in her home on
Tuesday and two affidavits to this effect
were submitted to the court.
When Justice Cohalan assembled the
bench in Supreme Court yesterday morn
ing none of those Interested in the case
was present and the hearing was set
for his chambers In the afternoon. When
the hearing opened the family OF Mrs
Phoebe Thorne was represented by Al
bert Stickney OF the law firm OF Larkin
4 Perry. 81 Wall street. The question
of the legality Of the service OF the writ
was raised and the court directed Mr..
Gerard to state his case. s.
During the parade I was at the homo
OF Mrs. Mary Casey Thorne when q
telephone message was received stating
that her son was viewing the parade
from window In his grandmother
home. Mrs Thorne. Mrs Josephine
Campbell Benjamin Wilson and myself
proceeded to a location In Central Park,
opposite the Thorne mansion.
with the aid OF field glasses we were
able to get a good view OF the front Of
the house. I may state that have seen
the boy scores of times and can say
positively II was he whom saw in q
window on the second floor OF the home
Mrs Thorne also Immediately recognised
the boy and tainted. 1t was the first
time she had seen him in many months
Denied Admission to House.
Mrs. Campbell and Benjamin Wilson,
f. TO both Of whom the boy Is known. also
unhesitatingly identified the child in the
Thorne home as Joel Wolfe Thorne. Jr.
After seeing him we went closer and
then to the house to make a demand
for the kidnapped child"
Mr.. Gerard was interrupted In his
narrative by Mr.. Stickney. who said
that statements such as Mr.. Gerard was
making were not contained In the habeas
corpus petition and that this was not
the occasion for an ex parte relation OF
what occurred. Justice Cohalan ordered
Mr.. Gerard to proceed and the latter
told OF being denied admittance to the
house. whereupon he obtained a writ.
AT the residence the butler answered
my ring. I told him was an officer O,
the Supreme Court and had some papers
to serve on Mrs. Thorne. He said she
had retired and could not be seen /
then demanded 10 see Helen Kerrisan,
who was at one time the boys nurse.
and also refused to give his own name.
1 then touched him with the papers,
which he allowed to drop on the moor
Left Two Copies of Papers.
IT picked them up and stuffed them
in his vaistcoat. also leaving him a
second copy Of the papers. after this
left and contend the service was
legal inasmuch as the papers were
handed to an authorized agent of Mrs.
Phoebe Thorne and must have been re-
ceived by her. as I see one OF the copies
in the hands Of her attorney"
This was case OF forcibls entry
into the house and an attempt being
made TO serve an elderly person, Mrs,
Thorne, whose health might be affected
seriously by undue shock and excite
Jnent" said Mr.. Stickney. The papers
served are also insufficient to support
tho writ, but admitting the service is
legal the boy Is not produced here be-
cause he was not in the house yester-
day. nor has he been there for several
months"
Mr.. Stickney then produced affdavits
OF John Benson. the butler who received
tho papers. and Sam Thorne, Jr, an
uncle Of the boy. Both swore they had
been In the house all day Tuesday and
that Joel Wolfe Thorne. Jr.. had not
beefi (herassW
at Is purely a case of mistaken
identity" said Mr.. Stlckney 81 ask the
court to dismiss the writ and censure
counsel for Mrs. Mary Thorne for the
manner in which the proceedings were
brought about. How can the evidence
of persons seeing some one through a
spyglass be taken against some one in
the house,"
Question OF yeracity.
Mr.. Gerard interposed that the boy
finally was seen by himself and others
at n distance OF less than fifty feet
This is a plain question of fact" OBJ
Mrs. Phoebe Thorne has custody OF, the
boy will direct his restoration to his
mother. II docs not seem possible that
a mother and her friends could he mis-
taken as to the Identity Of a child, but
will give counsel ,twenty-four hours 10
submit affdavits and will reserve decl-
sion"
Mrs. Thorne never has given I'D her
search for her son since he disappeared
in company with his nurse. The mar
riage OF Mary Casey, "the Third ave-
nue. BRIDE" 10 the son OF Samuel Thorne,
q wealthy banker, greatly displeased
Thorne's relatives. Mrs. 1'horne had
worked her way through Barnard Col
lege specializing In psychology and later
received the degree OF A. NJ. at Co
lumbia. The couple pa-teS about year
ago.
Heads Radio Expedition.
WASHINGTON, March 2s.--commander
DAar.a II nnwdav has hAAn aaai~n.d tn