The Washington times., 1934-11-22
MOTHER LOSES
LAST HOPE Of
APPEAL i:
Heiress, 10, Returns to School
Under Armed Escort;
Aunt Is Elated

In his order giving custody OF
Gloria Vanderbilt to Mrs. Harry
Payne Whitney, her aunt,
Supreme Court Justice John F.
Carew went much further than
was asked of him by Mrs. Whit
neys counsel and left the infer
ence that the child's mother pur'
posely had been trying to destroy
her health and moral education.
Mrs. Whitney's attorney, Herb
ert C. Smyth, revealed today tnat
Justice Carew had rejected the
order drawn by him and had pre-
pared his own.
"I was surprised that the
findings of unfitness mrs.
Vanderbilt's unfitneSs to care
for her own child were far
more drastic than in the order
we had prepared" he said.
81 was particularly struck by
the inference which some peO-
ple might draw from the use
of the word calculated In
Paragraph One of the order"
Wording OF Order
Paragraph One of the order
states:
"The life led by this infant
was calculated to destroy
her health and neglectful Of
her moral, spiritual and men,
tai education"
Meanwhile. attorneys for Mrs.
Vanderbilt were seeking a way
round the apparent legal bar to
an appeal from the decision
while Nassau county police in
creased the guard about little
Gloria following receipt of let
ter threatening harm to her.
Mr.. Smyth was asked:
"DO you mean that Justice
Carew found that Mrs. Wander.
biIt purpOsely had been trying
to impair the child'S welfare?"
REFUSES COMMENT
81 don't care to make any
comment at all on that. You
can draw your own conclusions.
The order shows Justice Carew
p&1U ClUSC dkkCAVAVA w CVOAJ OAS
of testimony"
do you think Mrs. Wander
bits attempt at an appeal will
be successful"
"JuStice Carew's finding of
facts will never be disturbed on
appeal.
"If there were no evidence to
support charges of unfitness
then the appellate division
might upset it. The point is,
the appellate division, in my
opinion, will not upset the find
ings of a trial Judge where
there is evidence to support his
findings.
II don't believe they will ever
be able to get to the Court of
Appeals because the facts are
against Mrs. Vanderbilt.
"AS have said before, I
think she is well off now"
THREATENING LETTER
The letter threatening harm to
Gloria was mailed in Station Y,
E. Sixty-seventh ST., on Novem-
ber II and was received at the
Whitney home in Westbury, L. l.,
where the child-heireSS is now
staying.
Written in ink on plain white
paper, it was signed catholic
Communists" and threatened bod:
lily harm to the 10-year-old girl
unless she were returned to her
mother. It mentioned the names
of Justice Carew and Mrs. Whit
ney. Inspector King, of Nassau
County police, said:
proper precautions have been
taken to protect the child"
He declined to give further de-
tails but from another source it
was learned that detectives guard
ed the Whitney home until
Wednesday night when private
detectives took over the work.
Guarded at School
Gloria, looking somewhat pale
and frightened, was taken to the
Greenvale School, at East Roslyn,
some four miles from the Whit
ney home, in a limousine today.
A detective sat beside her and a
motorcycle policeman followed
the car. The chauffeur was
armed. The guards remained at
the school.
Other pupils, sons and daugh.
ters of wealthy and socially prom
inent families, were openly
thrilled by little Gloria's arrival
under police escort.
Meanwhile, Mrs. Whitney, seen
at her Fifth Avenue home, said
she would make every effort to
aid Mrs. Vanderbilt in increasing
the affection and devotion of
Gloria for her. She was asked:
will Mrs. Vanderbilt be per.
mitted to visit her child at any
timer"
That's up to the court. Well
meet that situation when it
arises"
Orders GOverness
Justice Carew's order provided
that Mrs. Whitney engage a Ro-
man Catholic governess for Gloria
who will teach her the tenets of
Catholicism and prepare her for
reception of its Sacraments.
The appeal from the custody
decision which Mrs. Vanderbilt is
seeking to take, even though the
complete court records of attacks
on her character are made pub