Evening star., 1936-08-14
,y the Associated Press.

| BY the Associated Press.
LOS ANGELES, August I4.-Fol-
lowing is the text of Superior Judge
Goodwin ]. Knights order of yester-
| day regarding the custody of Marylyn
Thorpe. :4-year-old daughter of Mary
Astor, film actress, and her divorced
husband, DR.. Franklyn Thorpe:
AN agreement has been reached
between the parties to this action
which has. in the main, the approval
of the court.
| 1T is not function, nor is it the
| purpose of the court to take cog
nizance of matters unrelated to the
| issues here involved, but the extraor-
dinary circumstances surrounding this
action prompt brief comment.
This proceeding has from the very
first been obscured by morbid sensa-
tionalism and by furor of publicity
damaging to both parties. The chief
victim, however, is little child,
| whose inherent rights and welfare
have seemed to escape adequate at
tention.
COHFt MUST Watcn her.
"It is the duty of the court to pro-
tect those rights, and to look to the
welfare of the one individual in this
case who can at this time have no
voice in the disposition of her fate
aud person.
while the court. with certain res
ervations and requirements of its
own, has approved an agreement that
bestows custody of Marylyn Thorpe to
the mother for a period of nine
months and to the father for period
of three months in each year, let it
be clearly understood and remembered
that the court is not bound by the
agreement between the parents.
The court may, according to its
best judgment, set aside this agree
ment at any time and rescind or
modify its own order. Hence, the order
about to be entered is not to be re-
garded as permanent order. but Is
in the nature of a temporary ar
rangement, to be made permanent
only if found to work to the advan-
tage and best interest of the child,
Marylyn Thorpe.
Closes Book of Parents.
"All that has tranSpired heretofore
between the mother and the father,
or in the separate lives of each. be-
comes a closed issue from today in so
far as this court and the orders Of
this court are concerned.
1T is with the future care and pro-
lection of the child that the court
concerns itself and will continue to
concern itself.
Let neither parent feel that either
has gained an advantage over the
other, for If there is any victory in
this ending of a most unfortunate
controversy it lies in the fact that an
innocent child has been spared the
further likelihood of future grief and
humiliation.
From conversations with the
mother and father, as well as from an
investigation of the conditions under
which the child has lived subsequent
to the divorce of the parties. the court
believes that hereafter both parents
will sincerely and attentively endeavor
to discharge their full responsibility
to their child.
Much has been said here and in
the public press concerning a certain
diary written by the mother and held
in the possession of the father. In
fact the court feels that altogether
too much has been said about the
diary and far too little about a flesh
and blood child and her fundamental
right to a wholesome and happy
existence.
With the contents of the diary, or
with its present or ultimate posses
sion, this court is in no wise concerned