Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1921-12-21
EASTLAKE BEGINS
FIGHT FOR CHILDREN
Asks War Department for
Months Leave to Open
Legal Proceedings
TOTS ARE COURT WARDS

Fredericksburg. Va, Dec. 2l.-
Roger ID. Eastlakc, freed yesterday by
a jury in Montross, Va, Of the charge
of numbering his wife, Margaret, re-
ported to the Navy Department ut
Washington this afternoon and i'm
mediately applied for a thirty-day
leave of absence to begin fight to re-
cover possession Of his two children,
Roger, Jr,. eight years old. and Mar
garet Katherine, five years old.
Watt 7. Mayo, the District Attorney
OF westmoreland COUNTY, who was de-
feated in court yesterday ny the jury
speedy verdict CT aCquittal, yet was VIC
tor to the extent that the children re-
main in his custody, swearS he Will not
let the father have them without an
order from Judge Joseph VI. Chinn.
The fight for the children is likely to
develop into a three -cornered contest,
for their dead mothers brother, the
Rev. Thomas NJ. Yardley, Of Cation
vile, Md, who had the youngsters in
charge during the weeks preceding the
trial, has them again, having put up
bond of $500 for them.
Fastlak.'s fight for the children be-
gan almost rs soon as he reached
Fredericksburg. The children were not
in court, Of course, nr the time the jury
returned its "not-guilty' verdict late
yesterday afternoon. nor were they in
the little hotel at MDntrcss. where they
had been for severa, anxious days when
there was question or possibly putting
them Un the witness stand. They were
safe at Prosecutor Mayo's home when
the District Attorney was laundering
invectives at their father in the little
second floor courtroom, and remained
there until last night.
I1o ella En Inf after
verdict had been returned. his counsel
wishing to avoid any possibility of pop
ular demonstration against him. lie
had no chance to greet his children, who
still believe he Is on sea duty, and are
PRAYING that their Daddy" will return
in time to spend Christmas with them.
Won't Surrender Children
w. w. Butzncr, Jr.. Eastlake's chief
attorney, went to Hague, whore Mr.
Mayo lives, to demand the children
early last evening. The Rev DR..
Nardley made the same demand. To
Mr.. Butzner the District Attorney re-
turned point blank refusal. He told
the uncle that be could have the chill
dren only if he put up bond, 50 that
they might be produced at the trial Of
Miss Sara Z. Knox, the Baltimore
trained nurse jointly indicted with East
lake for the murder and still awaiting
trial.
Mr.. Mayo said: Judge Chinn must
give me instructions 10 turn the chill
dren over to their father before l will
do so. No one dare cross my threshold
to take them until ! get such an order.
OF course, if the Judge gives me orders
to turn the children over to the guard
ianship of their father | will do 50. but
nf hat 4 arip n
that believes mans home is his
castle"
Mr.. Butzner will make application
today to Judge Chinn for the children,
Under the Virginia law the father is en-
titled to the children until it is proved
that he is not u proper person to take
charge of them.
Lieutenant Commander Joseph II
Green, of the Dahlgren Proving
Grounds, Eastlake's superior officer
said emphatically late yesterday that
the former defendants status as a chic!
petty officer in the United States Navy
is not changed by the trial.
'You may draw your own conclu-
sions,' said Commander Green whcr
questioned about the status of EaStlakC
in the navy. when the crime wa,
committed Eastlake was on leave. L
you know anything about tho rcgula
tons of the United States Navy you
know that man on leave must return
TO his station in ten days, but if taker
into custody by the civil authorities hi.
leave automatically expires. On his re
lease he is bound by the regulations tC
return to his station at rhe first oppor'
tunity."
Eastlake, sitting In the dining room
of the Princess Anne Hotel, in Fred
ericksburg late last night, expressed hi!
gratitude for his freedom. He said:
Thank God the jury believed in my
innocence. exonerated ana sent me baci