The Washington times., 1922-04-21
IN
FIGHT FOR
CHILDREN
Charges Court Exceeded Pow
ers In Taking His Family
Away From Him.

Broken up last fall by an order
Of the Juvenile Court, the family
of Elmer r. Dwyer, Georgetown
contractor, Of 2916 N street north
west, may again be reunited.
Habeas corpus proceedings have
been started in the District SUI
preme Court by Dwyer TO obtain
the return of the three children
taken from him and PLACED in the
custody Of the Board % cbildrsn's
Guardians. 80 saAssr -. - =
First VIE ) susesss.
Dwyer has had a hectic sxistencs
since, his first wife, a mother of
his five children, hanged herself In
the cellar OF the Dwyer home last
Labor Day morning.
AFTER my mothers DEATH" Harry
Dwyer, seventeen-year-oid son, told
The Times, my father called Ethel
and me into a room He said:
Your mother Is dead, and someone
win have 90 care for you. Are you
both willing that 1 marry Julia, so
she can be a mother TO an OF your
We both gave our consent"
And so, twenty,three days after
the tragic death OF his first wife,
Dwyer married esghteen-year-oid
Julia Coyie. with whom he had been
keeping company" for four years.
And then the Board OF Children's
Guardians stepped In and took from
Dwyer his three youngest children
Ethel. fifteen: Elmer, fourteen. and
Paul. ten years of age. They were
placed in the Pouse of Detention.
The Juvenile Court took charge
of the affair, Friends, enemies, and
nejghbors appeared and the domeatic
affairs of the Dwyers were paraded
before the court In different shades
of color.
Children Want Father.
At a late hour on the night OF oc-
tober 26, last, Judge Kathryn Sellers.
presiding In Juvenile Court. asked
young Paul II he wanted to 20 home
and live with his father.
Yes, sir" said the little chap.
staring at Judge Sellers.
why do you want TO live with
him7" asked Attorney 9. Chester
Caywood, who was appearing for
Dwyer.
because he takes me to, the
movies, takes me riding, and every
thing" the child answered.
When Elmer, jr., was asked IL he
wanted TO go home with his father.
his eyes filled with tears as he said:
Tie has always treated us good
since we was born as know OF"
The court, however, ruled that the
Dwyer home was not fit place for
the small children.
The children were farmed out by
the Board OF Children's Guardians.
Shortly after the court proceed
inns, the body OF the first Mrs.
Dwyer was exhumed by order OF
District Attorney Peyton Gordon.
IL had been reported that Mrs.
Dwyer might have met with foul
play before her body was found by
her children hanging In the cellar.
Husband Exonerated.
Dwyer charged al the time that
relatives OF his wife were trying
to frame him." No evidence Of
foul play was found when the
autopsy was made.
Now comes Dwyer with habeas
corpus petition in which he sets
up that he IN earning approximately
5000 per month and now maintains
''and always has maintained a good
and comfortable home for his fam
lily among moral and respectable
surroundings"
The petitioner prays that the court
order his three children restored TO
him.
He alleges that the order OF the
Juvenile Court was null and void and
OF no effect, because the said order
OF the ssid Juvenile Court was In con-
travention OF the United States Con-
stitution and was based on no legal
evidence warranting the same"
Dwyer sets up IN his petition that
hts daughter. Ethel Dwyer, '.since
she has been placed IN the custody
and control of the said Board of
Chiidron's Guardians has been forced
TO associate with girls of immoral
and degraded habits and character,
some Of whom were diseased; that