Evening star., 1945-01-24
Jury Frees Mother
In Fairfax County
Child Cruelty Case


mother of six, was free today after
a five-man Circuit Court jury yes
terday found her not guilty of
cruelty to her 5-year-old daughter,
Rosalee Ann. Mrs. Webber is the
wife Of an Army major.
The verdict. however, will not af-
feet Rosalee Ann, who will remain
a ward of the Trial Justice Court in
the custody of the Welfare Depart
ment. Court officials explained that
her father, Maj. Frank r. Webber.
Army Signal Corps officer, pays $50
month for the first six months, and
$40 month thereafter to assist in
the child's upbringing.
"The jury returned its verdict in
SIS minutes. and 10 minutes after
returning to ask Judge Paul E.
Brown If guilty verdict could be
returned only on the neglect charge
in the presentment. Judge Brown
said the verdict must include the
entire presentment, which also
charged wilfully endangering the
child's health and life.
Denies Whipping Child.
Mrs. Webber was indicted by a
grand jury at the opening of the
November term of court following a
hearing in Trial Justice Court when
the child was made court ward
and placed in the custody of the
County Welfare Department. A
similar presentment against Maj.
Weber was discarded by the grand
jury. The Webbers live In AMMAN
dale Acres, near Annandale.
In her testimony yesterday, Mrs.
Webber denied that she had whipped
the child, and declared that Rosalee
received the same treatment as her
| five other children, who range from
II years to 9 months old. She said
cults and bruises that witnesses
testified covered the child's legs and
back, and two cuts on her head, had
been received while the child was
playing.
Mrs. Webber, whose facial express
sion remained unchanged when the
child was brought into the court
room for the jury to see, wept When
she took the stand and told how she
had been forced to do her own work
and could not give Rosalee the spe-
cial care the child needed.
Weighed Pounds at Birth.
She told the court the child, born
prematurely. weighed only 2 pounds
" ounce at birth. She said the
child's development had been re-
tarded because of this.
Earlier, Mrs. Catherine Hill, child
welfare worker with the sWelfare
Board, testified that Rosalee Ann
had appeared frightened of her
mother when the welfare worker
took her from the Webber home
November 10.
Mrs. Hill revealed that she had
investigated the case at the request
of Maj. Webber and the Arlington
County Welfare Board.
Mai Webber brought his wife to
the courthouse at the beginning of
the trial yesterday morning, but
did not remain.
Both Mrs. Hill and DR.. T. B. Nc
Cord, Fairfax physician, testified
that the child suffered from mall
nutrition when she was taken into
custody. DR.. McCord said she had
received two cuts on the head and
was bruised on the feet, arms, legs
and around the hips.
Punished for Taking Food.
Mrs. Hill told the jury that the
mother had said she beat the child.
because she stole food during the
night and was still unframed.
Ernest Parezo, 208 A street Ne;
Mrs. Mary Darlington, wife of q
Fort Myer Army sergeant, and Mrs.
Gladys Updike, a neighbor of the
Webbers, all testified they had kept
RoSalee Ann at times during the
last two years They said the child's
condition had improved while she
was with them. Mr.. Parezo ex-
hibited a photograph of Rosalee,
showing smiling, happy child,
which he said he had taken last
May after she had been at his home
nearly six weeks,
Gratz D. Dunkum. another Webber
neighbor. testified he had seen the
mother kick at the child and throw
stones at her. He said he had OBJ
served Mrs. Webber force the child
to wash herself in creek that ran
behind the Webber house when the
weather was SO cold that ice had
formed on water standing in his
yard.
On cross-examination, however,
Mr.. Dunkum admitted that his
family and the Webbers had taken
quarrels to court during the three
years they had been neighbors.
Mrs. Webber was represented by
State Senator Andrew w. Clarke
and George B. Robey, Common
wealth's Attorney Hugh B. Marsh
prosecuted.