| Show HIGH COURT Will RULE RUl ON COOKE CAS SA f Fate of Daughter Shirley to Be Decided BA BATTLE TILE NEAR END Court Dourt Finding Affords Mother Advantage The fate rate of ot Shirley Cooke little mUe year old object of a bitter legal battle attle that has extended extended from T Toronto Toronto To To- Canada to San Francisco Cal is now In the hands of the supreme court ourt of Utah The course of ot her future life depends upon what the decision of that august tribunal will be whether she shall be given into the custody of her father James Henry Cooke of Toronto Toronto Toronto To To- or or of her mother Hilda Betty Cooke now of Salt Lake On Saturday morning at 10 o'clock lawyers awyers la on both sides of this long drawn out struggle will engage in forensic combat In supreme court chambers upon the adoption of the findings of Judge Chris Mathison who as referee from March 8 to March 19 heard charge harge and counter countercharge countercharge countercharge charge as estranged man and wife sought to blacken each others other's character to the end that he or she might be declared unfit to have the care and companionship of the little girl MOTHERS MOTHER'S ADVANTAGE In substance Judge Mathison found according to the report submitted submitted sub sub- miLled by lIy him to the supreme court Wednesday mat James Henry Cooke is a fit and proper person to nave the custody ot or the ine child that Mrs Cooke is also a fit and proper person lor br custodian but with this added advantage in favor of ot Mrs Cooke Taking the child from her mother would endanger endanger endanger en en- danger her happiness and welfare as she is a comparative stranger to her-father her and his sister In these words is found the real decision of the referee and it is upon them that the supreme court will doubtless doubt doubt- less less concentrate concentrate most of ot its attention atten atten- tion The proceeding in the highest highest highest high high- est tribunal of ot the state Is an application application application ap ap- ap- ap by Mr Cooke for habeas corpus to secure possession of ot Shirley Filled with motherly love and yearning earning Mrs Cooke has l frantically back using every every weapon at her command to keep her child from being torn from her arms Judge Mathison furnished a 11 re revIew review review re- re view 01 Os the case which started In Ontario shortly after their marriage marriage marriage mar mar- December r 28 1 at Toronto The fight there reeked with scandal as James Cooke sought to defeat his wife's demands for alimony Judge Mathison said he was compelled compelled com corn to accept the judgment of ot the Canadian court in its findings regarding alleged acts of adultery on the part of ot Mrs 1 Cooke but further further fur tur- ther allegations of other acts of ot misconduct misconduct misconduct mis mis- conduct on the part of ot Mrs Cooke after she had fled with Shirley to the United States and after atter she had come to Salt Lake had not been substantiated by the evidence he declared The third and fourth findings of ot Judge Mathison deal with the fitness fitness fit fit- ness of both parents They follow in part MORAL CHARACTER I find that James Henry Cooke the plaintiff is a man of good moral character and social and financial standing and that he Isa Isa is isa a fit tIt and proper person to have the custody of the child In question On ori the witness stand he impressed Continued on page 6 HIGH COURT WILL I IRULE RULE ON COOKE CASE SATURDAY Continued from page 1 me mc as being absolutely truthful I 1 find ind untrue the allegations that he heis heis heis is addicted to the use of narcotics or 01 the excessive use of intoxicating liquors that he attacked some of ot the defendants defendant's female relatives or was yas familiar familial with a servant and that that hat he burned an automobile for tor forthe forthe the purpose of defrauding an in insurance insurance insurance in- in company and 1 I find untrue untrue untrue un un- un- un true the allegations of or misconduct contained in the following parts of Mrs Cookes Cooke's answer The third paragraph on page 3 and all of page age 4 the paragraph beginning on page lage 6 and down to the first paragraph paragraph para para- graph beginning on page 8 The Th plaintiff I is willing mIng and arid able to o give the child chUd a good home Under under under un un- der the charge charle of his sister and he heIs heIs heIs Is well able financially to maintain and educate her MOTHER REFINED 1 I 1 find that the defendant Hilda Ililda Bett Betty Cooke Cool e is a fit and proper person to have the care and custody custody custody cus cus- tody of ot said child She is young woman of ot intelligence and refinement refinement refinement refine refine- ment and she and the child are de devotedly devotedly devotedly de- de attached She ha has had the custody and care of the child since her birth and has at all times well cared for her The child Is comfortably com corn dr dressed and fro from appearances appearances appear appear- ances Is well treated r and she he js is s Intelligent well behaved keen and healthy I 1 do not believe that Mrs Cooke ever will place the child In evil surroundings or expose her to improper influences or afford her a abad abad abad bad example The defendants defendant's mother now Mrs 1 Frank B. B Scott is deeply at attached attached attached at- at to the child and she and her husband are ire willing and able to provide a home for Mrs Cooke and Shirley and to provide for Cor educate and rear the I be believe believe he- he lieve that taking the child from her herm m mother ther would endanger er her hap hap- and and welfare as she is a 0 comparative stranger to her father and his hla sister slater Under the evidence there can be no question that the defendant with the assistance ot other other other her mother can make provision for tor ordinary com comfort tort and contentment and the Intellectual and moral de development development development de- de of or the child WAS UNCONGENIAL Notwithstanding the plaintiffs plaintiff's excellent qualities and his high so socIal social social so- so cial and professional proCessional standing at atthe atthe atthe the start stan of ot his married life he was uncongenial and erratic and he al always always always al- al ways evinced an implacable dislike for the defendants defendant's mother w who i Imay i 1 imay may add is a woman of good character character character char char- acter and reputation During the first year of marl marriage lage the plaintiff seemed to have a mania for separation separation separation tion agreements which was not at atall atall atall all attributable to his wife's Indiscretions Indiscretions Indis Indis- and In this and other ways he kept Mrs 1 Cooke in continual continual con con- Inual suspense and uncertainty and In anticipation ot the of-the the danger that the child might be taken away from her A |
