The Hood River glacier. (Hood River, Or.) 1889-1933, 1922-11-23
MRS. DERR DENIED
CHILD'S CUSTODY

Mrs. G. Wesley Derr, of Portland,
who recently asked by motion, which
called for modification of decree of
divorce granted former husband, Leo
C. Despair. in the summer of 1919, for
the custody of a seven-year old daugh
ter, Evelyn May Despair, has been
denied the appeal by Judge Wilson.
Argument of the motion and the TAX
ing of testimony to support contentious
of the parties to the divorce case came
before the court here week before last.
Mrs. Despair cited stipulation en-
tered into between herself and her
former husband at the time of the
divorce, wherein she agreed to allow
the father and stepmother OF the hus-
band, who reside at Silverton, to take
care of the child until such time as she
might be able to show that it would be
to the best interest of the child to
make a further order in the matter.
She supplied afiidavits stating that she
and her present husband now have
good home with the parents of the
husband. Mr.. and Mrs. G. W. Derr. at
627 Kearney street, Portland, and that
she was in position to give the child
the best of care.
The husband, however, interposed
affidavits and testimony to the effect
that Mrs. Derr was now on her third
matrimonial venture. 1t was shown
that she was married to Harry r.
Keele in, Spokane within four months
after the divorce from Mr.. Despair.
The testimony was to the effect that
she was divorced from Mr.. Keele in
Multnomah county in September, 1921.
The wedding to Mr.. Derr, it was cited,
occurred last August.
The affidavits of the husband also
showed that the home of the elder
Derrs was occupied by about nine diff
fereEt persons. ''It is further unques-
toned in the testimony" says the
memorandum of decision forwarded
here by Judge Wilson, that this fam
lily residence is next to private hos
pital or sanitarium conducted by the
elder Mr.. and Mrs. Derr. The insti-
tuition is undoubtedly a reputable con-
cern but it appears that alcoholic cases
and drug addict cases are there
treated. The hospital is in the same
yard with the residence and distant
about 35 feet. The mother of the child
and her husband have apartments in
the residence.
Judge Wilson, in comment on the
treatment of the child at the Despair
home in Silverton, stated that the tes
timony showed that the little girl was
happily situated and in excellent sur
roundings. Judge Wilson in summing
up the case said:
''There are two considerations which
seem uppermost in leading this court
to a conclusion:
''First-It is my belief that this ap
plication is brought too soon. 1t can
be said, fairly, that the moher has not
been happy in her matrimonial adven-
lures. In eight years she has been
marriages have turned out unfortu-
nately and divorces obtained. Her
last venture began in September of
this year, about six weeks before the
to change the decree was
made. While this court is hoping that
her last marriage may prove happy
one, yet, it is too soon for anyone to |
say whether or not such will be the |
case. If it should turn out that the
last marriage will prove unhappy then
a positive wrong has been done this |
little girl by taking her away from
surroundings and placing her
in position where more Bullets are to
be received.
81 do not feel that under the circum-
stances a court of equity sitting with |
conscience as its guide would have the
right to sever abruptly the apparently |
happy surroundings of the little girl
and to transfer her from a pleasant |
home in a small country town, which |
is preferable in the courts mind for
the raising of child than large city,
to an uncertain and possible temporary
home in a large city. The risk would
be too great for me to stand sponsor,
having as my sole consideration and
none other the welfare and best inter
ests as we'll as the happiness of the
child. 1t would have been wiser for
the defendant to have waited for at
least a year before making this appli-
cation and then it could have been told
more certainly whether or not the pro-
posed home of the mother would be a
one.
Second-In addition to the above,
and resolving all doubts mentioned in
the foregoing paragraph in favor of
the mother and her marriage, | am not
that the home which is offered
Is suitable one for little girl.
''The court has endeavored and
wishes it now made plain that there is
no reflection in the slightest degree
upon the moral character of the mother
and no such hint was given in any of
The testimony. What was said about
her unfortunate marriages was taken
simply to show the uncertainty of such
and not to reflect in any way
upon her womanhood. 1t is the well
fare of the child which gives the court
ts only concern"
Judge Wilson rebuked both parties
10 the contest for their alleged appar-
ent selfshness in the court proceed
ngs. Each side, he said in the men,
was eager to claim and en-
force its idea of possession without an
concern for the welfare of
he child.