Show A SORROWFUL SCENE JUDGE DECISION IN THE HABEAS CORPUS CASE he transfers the child to its own al other in anticipation of the decision in the habeas corpus case of annie hansen vs bosa kenney for the possession of the child francis ambrose kenney the large room adjoining the office of the clerk of the third district court waa well filled friday morning mrs benney her husband and the child in dispute along with a number of friends sat on on sido of the room it was plain to bo seen that the foster parents both fearful of the result and when the child left the comans womans side for a few moments to run ft few steps to the only father it ever knew the caress it received on its return showed how thoroughly the life of the foster mother had become identified with that of the child she had tenderly nurtured for four years on the other side of the room and near the judge were the mother who had parted with the boy at the hour of its birth her husband and half a dozen demalo friends that these were also anxious and restless goes without saying it was but a fow minutes past ten when the judge rapped for order and amidst an almost painful silence interrupted only by the subject of the dispute as he played around on the floor he commenced the delivery of his decision by saying it was a case that bad beon thoroughly and exhaustively hau gone into both by evidence and arguments it was besides one of the most difficult and unpleasant cases that ho had ever been compelled to pass upon some things had bean said in the arguments of counsel that might just as well have been left unsaid the case was one wherein to women claimed one child there was evidence showing that both were kindhearted kind hearted good people either of them would doubtless take good care of tho child the evidence before the court was that during all tho time mrs kenney has had possession of it she had treated the child as well as any mother could both woman auoe ared strongly attached to tho child and the were about on an equal footing so far as being able to support and educate the boy the homes of both seemed to be in good order and well kept the mother has no complaint to make that the child during all those years has not been properly treated there was evidence to the effect that before the birth of the abild annie peterson now hansen had called upon mrs hawkins told her she was in trouble and requested her to find someone who would take care of the child when it was boin the child was bom at the deseret hospital and taken away by mrs within an hour thereafter there was evidence to the effect that mrs hansen had told mrs ken ney she need have no fear that bho would never be called upon to surrender the child there was also evidence showing that once when papers of adoption were spoken of mrs kenney bad said if you will give the papers I 1 will give up the child providing you marry and have no children at the expiration of five years the mother waited not five years but three years and mado a formal demand for the child which was refused the testimony showed that whenever mrs hansen visited the child she was not very cordially received during all this time it seemed to be in the mind of mrs kennoy that the mother would at some time claim the child that she feared the result of too much intimacy no papers were over signed in his opinion the letter of the law need not be followed considerable must be left to judicial discretion and the rights of the child were predominant they overshadowed all other questions it aa laid down by judge strong that the law presume it to be for the best interest of the child for it to be under the care of the natural protector that is the general law laid down the interests however hold fast to the welfare of i the child the possession of the child naturally belongs to the mother it seemed to him all the way through that mrs hanson hoped and expected to get was sure to bo great distress of mind no matter which way he decided ho again referred to the statement made by mrs kenney in reference to giving up the child under certain conditions at the end of five years three years had passed ander these circumstances he thought there was but one course for the court to pursue the defendant had no doubt become greatly attached to it but the law had said the court should lean toward the parents an order transferring the child to its mother would therefore be made be suggested that mrs kenney would al be made a welcome visitor at the home of the child and two worn in should try and attain a friendly footing during the whole of the time occupied bythe by the delivery of the decision mrs kenny was very much agitated and when it became evident that the decision would bo against her the despair depicted on countenance was something painful to witness the boy locked fast in her arms she sat rocking herself to and fro crying though her heart would break as while the little one realizing was about to be taken away from the 1 only mother he had ever known loud being removed 1 ly protested against i it was with the greatest grea teet of difficulty on the part of mr kenney that the was induced to release her hold of the child and there were tears even in his eyes as he tenderly loosened himself from the tenacious grasp of that little one and tenderly placed him on the floor thia dune he bore his wife half fainting from the room he could get her but a few feefe from the door however and she sank down upon the and crying piteously for her boy in the meantime some of the friends of the mother had captured the little one who had once broken loose and followed his foster parents to the door he was taken to his mother but refused to have anything to do with her and struggled and fought in a manner that suggested considerable physical strength he refused tobe to be comforted and called loudly for mamma each cry that reached the desolate woman on the steps seemed but to increase her anguish and when mrs hancen and her friends finally made a dash past mrs kenney and down the steps she half arose as though she would follow them but fell back exhausted screaming at the top of his voice for mamma and vigorously struggling the child was wailing and with his new mother and father driven rapidly away meanwhile mrs konney had been half carried down the stairway soon after she top was home and one of the most pitiful ever enacted in a court of justice was over the ruling caused no little surprise and dissatisfaction among those who followed the case from its inception and there were none present who were familiar with the case but expressed the utmost sympathy for mrs kenney and regret that the decision had not been the reverse of what it was indignation ran high for a time and there were many who denounced the decision as unjust these may have allowed their to cloud their judgment and probably be pardoned for the remark that if the decision was in accordance with the law then the law is a bad one and should be repealed rene aled |