Evening star., 1933-10-25
KAUFMAN GIVEN !
CHILDREN IN REN0'
Judge UphoIds Legality oi
Papers in 1880 Divorce
Award.
BY the Associated Press.

BY the Associated Press.
RENO, New, October 25.-Custody Of
his two children was given yesterday
tc Philip c. Kaufman, former Wash
ington newspaper man. after Judge B.
F. Curler had upheld legality of certain
papers filed at the time of Kautfmann'S s
divorce in 1880 and which his former
wife since had charged were fraudu-
lent.
The charges were made by Mrs.
Sylvia Brainerd Kaufman early this
year when in Reno. when she an
nounced she int tsnded reopening the
divorce case on grounds her name had
been forged to a power Of attorney. a
property settlement agreement and an.
ether paper.
suddenly LEFT Reno when Kaufman
came here and filed a petition for mod
6Idr of the no dseFse re- & to the fro b1s
divorced wife.
Yesterday Judge Curler announced
he had decided the charges by Mrs.
Kaufman were lin the nature Of an
attempt to blackmail the plaintiff" and
the children will be given into the
custody of the father
Judge Explains Decision.
RENO New. october IS Especially -
In his remarks on the Kaufman de-
cision Judge Curler said: Il think there
IS uncontradicted evidence before the
court that the power of attorney, the
acknowledgment of service of summons
and the agreement were executed by the
defendant
They are not forgeries and I think
the court must reach the conclusion
that these letters and demands were
in the nature of an attempt to black
mail the plaintiff and his family for
the purpose of securing additional
money rather than to have the matter
published.
Evidence Before Court.
Judge Curler, in his remarks, said
that the abandonment by the defendant
in the proceedings (the motion for
modification) was in itself a con-
fession that she was unable to prove
her declarations. and that she made
those declarations and had them pub
lished is also in evidence before the
court.
AS to the custody of the children,
think I am satisfied, and, in my Judg-
ment. the children ought to be given to
the father. and that automatically
would reduce the payments to the
mother for their support"
The Kaufman divorce has been In
the courts here since November, 1880,
when Kaufman filed suit.
Kaufman was given his decree
on grounds of cruelty. the court
adopting an agreement made be-
tween the couple which provided that
Mrs. Kaufman should have custody
of the two minor children and that
Kaufman should pay her $500
month alimony and pay her s4OO
month for the support and maintenance
of the children.
Return to Reno.
Mrs. Kaufman returned to Reno last
Spring with her two children, and was
accompanied here by Blair Coen OF
Washington and said to have been for
merly connected with former Attorney
General Harry NJ. Daugherty as an in
veStigator. She stated she was going to
contest the decree awarded Kaufman
on grounds that her signature to
power of attorney was forged and that
an acknowledgement of service OF sum-
mons also was forged She also as
serted that property settlement agree
ment placed in the record and adopted
by the court in its decree was not the
one she had signed: that only the first
and last pages were correct. and that
the other pages had been altered.
After obtaining one continuance her
then attorney. Charles A. Cantwell.
withdrew from the case. Her original
attorney, George Springmeyer. had re-
fused to proceed. at her request. to con-
test the motion of Kaufman for mod
ification of the decree.
Lengthy Hearing Follows.
Then followed a lengthy hearing,
behind closed doors. with Mrs. Kauft-
mann not being present nor repre-
Sented by counsel The attorney who
had represented her in the original di-
vorce suit. William Woodborn, ap-
peared only as a witness in the hear
ing of the motion and restricted much
of his testimony because of the rela-
ton between attorney and client.
At the conclusion OF the hearing
Judge Curler presiding. declared that
he had reached the conclusion that
the power of attorney and acknowl-
edgement of service of summons and
the agreement were not forged nor
altered. but were genuine. Judge Cur
Ter reserved any ruling. however. on
that part of the motion to change
custody OF the children until yes
terday.