Indiana daily times. [volume] (Indianapolis [Ind.]) 1914-1922, 1921-02-26

was then in jail, fled an intervening Pc
tition asking for the custody Of the boys
This Intervening petition was dismissed
this morning and the petition Of her
brother, Mr.. Snider, substituted
STATEMENT MADE
BY COURT.
In awarding the custody Of the two
boys TO Mr. Snider, Judge Carter said:
Il have given this case more consider
alton than l have any case which has
been before me because Of it's nature. II
has always been the inclination Of this
court to permit the natural parents to
have the custody Of the children when
possible.
1.-THE adultery matter in the divorce
proceedings against Mrs. McGrath is not
going to have much weight in the courts
decision. Here we have two boys, ID
and II years Of age. One IN the grades
and the other in the high school We
have the undisputed testimony that the
natural mother has never entered into
their lives.
The boys know less OF their own moth
er than they do of a woman on the
streets and they think less Of her be-
cause they have been taught that way.
Mrs. McGrath would take them into
surroundings which are not as good as
they have been accustomed to. l do not
want to be misunderstood as I am not
Of the opinion that Mrs. McGrath is an
unfit person to have the custody of these
boys. 1t is consideration of what Is
best for the boys. I can not see how
she could keep them in Chicago. The
boys have stated their dislike for their
own mother on the stand. I can not see
how I could keep the boys In Chicago IL
sent them there. They would get back
to Indianapolis. probably, If they haA CT
come on a freight train
CUSTOD YGIyEN
TO MIR. SNYDER.
For those reasons the court win give
the custody of the boys to Mt. John N.
Snider." ruled the court.
Mr.. Snider and his wife took the stand
and testified that they loved the two
Myers boys as their own and were fnan-
cially and otherwise able to take the
boys into their home and educate them
with their boys They stated they would
not ask and do not expect any compen-
satiOn.
Mr.. Carlin Shank, county commissioner,
testified as TO the excellent home condi-
tions at the Snider farm and home. Both
counsel for both sides agreed as to the
excellent condition OF the Snider home
Byron Myers took the stand and testi-
ned that he would rather live with his
stepmother better than any one else and
If not permitted to live there he would
prefer to live with his Uncle" John
Snider. He admitted that his feelings to-
ward his blood mother have not changed
and stated that he would not care to live
with Mrs. McGrath, his natural mothse.
Arthur Myers stated that he would rashss
stay at the Hildebrands and his second
choice was the farm of his Uncle"
Mrs. McGrath, the mother of the AeSa
took the stand and testified how she hAA
attempted to see her boys after the d.
vorce proceedings and claimed that the
late Mr.. Myers told her what ''he WOULD
do" if she attempted to see them.
II was afraid to go back" she testi-
fed zone time the door was shut IN
my face. I have written the boys, but
received no answer"
Mrs McGrath appeared to be under
the strain of the court ordeal. She made
no comment after she lost in the first
round for the custody Of her sons
The boys appeared to be happy altar
the courts decision.