The Washington times., 1922-09-05
RIGHT MAY
bE.UPHELD
BY JUDGE
Alfred E. Berger Said to BE In
cohtempt for Taking Child
From Pennsylvania.

.T4 f. .
From Pennsylvania.
The wiles of . mother love,
which last Sunday afternoon en-
abled Mrs, Hazel H. Berger to
spirit away her six-year-old
daughter, Arlene, from the sum-
mer home Of st. AIMS Orphan
age, near Berwyn, Md, may be
supported by the DEGREES of
Pennsylvania State courts, it was
learned today. 1.. .".s :
Contempt Order ISSUED.
To combat the. right OF the
father, Alfred e. Berger, Of 6o6
Twenty-second street northwest,
manager of local chain store
branch, Mrs. Berger may be en-
abled to invoke a citation Of con-
tempt of court at Huntington, Pa.
Information from that place to-
day revealed that a contempt Or
der had been issued against Ber'
ger because, after being given Gus
tody Of. Arlene one year ago he had
removed the child from the juris-
6iction without regard to stipu-
lation that Mrs. Berger be allowed
TO see her every day.
Thus the other face Of the case
is revealed. Berger's weapons are
a custodianship, which at present
10 being appealed In the State
courts by the wife, and two war
rants charging her and Raymond
p. Cole, of New Haven, Conn.,, with
kidnapping. issued yesterday In Hy-
attsville, Nd.
Mrs. Berger's defense Is the al.
legged unlawful removal of Arlene
from Pennsylvania and legal com:
plexities which in the belief of
Washington police officials may
nullify the warrants,
They pointed out today that AS
sociate Justice HitE. of the Dis
trict Supreme Cuort, merely, has
the case under advisement until a
decision shall have been arrived at
by, the State bench. r..
a., Girl Taken in Auto.
The latest move in this ever-new
, drama of parental love and child's
affections was evidently carefully
planned by Mrs. Berger and the man
who is charged with being her acces-
cory. Mrs. Berger, who came here
and registered at the Evangeline Sal
vation Army Hotel. II Is charged, led
Arlene outside the orphanage gates
while Cole waited in his automobile.
They were whisked in the car to the
city, Il is said, to be as quickly
driven out yesterday morning. pre-
sumably headed toward, Massachu-
setts, as the machine bore license
tag Of that State.
Berger, going to visit his daughter.
was apprised of the disappearance
and reported the matter to the local
police. Search at the Evangelinc
and an apartment at 1101 Fourteenth
street northwest where Cole had put
tp revealed that he and Mrs. Berger
had gone.,i. Warrants charging alb
auction were issued by Justice of the
Peace Fainter at Hyattsville later in
Married in 1915 at Worcester,
Mass, Mr.. and Mrs. Berger stpa-
rated June 1, 1920. Immediately
the war for the love Of Arlene
started. II was In the court Of
Judge Thomas Bailey at Hunting
don, where Berger is said to have
taken Arlene, that the father won
an initial victory.
U. Child Wanted Father.
Later, Mrs Berger was arrested
on a warrant charging attempted
kidnapping, but this was dropped
when the matter came up agsSn on
h writ Of habeas corpus. Here II
was that chubby Arlene decided
with which parent she would cast
her lot. At the hearing she turned
her back upon the weeping mother,
who sat with arms outstretched,
and chose the fathers embrace.
Last January Berger brought Ar
lene to Washington. thus, it is
charged, violating a court order rel.
ative to the mothers seeing the
daughter once a day. Followed by
Mrs. Berger. he threw the case in
the courts again, Associate Justice
ditz taking II under advisement. Ar.
lene was placed in the care Of the
hCatholic sisters at st. AIMS In Feb
huary, and was summering at the
home near Berwyn.
Fred Cornwell, night chief Of de-
receives, to whom Berger appealed,
Expressed the opinion today that It.
would be difficult 10 make out a
case Of abduction against Mrs. Ber.
lger and Cole In this jurisdiction IL
they were apprehended. He believes
final action on the mothers appeal
Ito the Pennsylvania courts to re-
Verse the decision of paternal Gus.
Itody would be necessary before the
IDIstrict courts could assume juris-
Idiction.
Meanwhile, a description Of the
trio and the automobile has been