PARENTAL CUSTODY OF CHILDREN.

Thames Star, Volume X, Issue 3217, 11 June 1879, Page 3

PARENTAL CUSTODY OF CHILDREN.

In be Bksant, an Infant.-^i. \ ■. This •■•■ was -an appeal by Mrs Annie Besnnt from the judgment of the Master of the Rolls. The petition in the' court ! btflow was presented by the 1 Rev.; Frank Besaht, the ticar of Sibspy, Lincplnsfhire, on his own behalf and as next Friend of the infant, asking that she might be delivered to his custody by her mother, Mrs Besant. The; grounds for^ the petition were the propagation by-Mrs Besant of atheistic doctrines by addreiies, lectures, and writings ; the association with Mr Charles Bradlaugh in giving lectures and publishing books, and, inter alia, the publishing with him ofj.tUe "Fruits qf Philosophy.'' A sum of money had been p«d into, (jpurfc sp'-as to make the'"child 'a "ward, the parties were married in 1867, and they, had two children—a boy, born in ,1869, and the infant petitioner, born in 'August, 1870. A deed of separation wa9 executed on Oct. 25, 1873, difficulties having arisen between Mr and Mrs Besant in consequence of Mrs'Besknt's views to religion, and by it it was agreed that she was to hare the entire custody of the girl for eleven months in the year, Mr Beasant having the cafe, for the remaining month, and he, in like manner, having the boy for eleven month's and Mi's Besant having him for one month. From that time the parties had lived apart, Mrs Besant having the care of tbe girl in the above term and Mr Beasant the boy. In February, lSTi^ahe delivered her first atheistical lecture, and she had continued to lecture ' ever since. From February, 1875, to to September, 1877, the girl was taught by 'a- lady, 8 member of the Church of England. In .September, 1877, Mrs Besant went into partnership as publisher with/Mr Bradlaußh, and in that month the child was sent to a day school, and^'the mistress, was.instructed that she was to receive no religious instruction, and since that time, whiis with her mother, 6hohad not, in fact, received any at all. Mr Besant, in his affidavit, stated that up to the time of the separation the child had been religiously brought up, and knew the Lord's Prayer and other simple prayers by heart, but in 1875 the child had forgotten all .her prayers, and on his saying " Good night, Godjbless you," to her, she said that her mother had told !a servant' not to say »o to her, and had forbidden her to »ay any prayers, as there was no God to say them to. A Miss Everiit, with whom she had been at school during thetaonthsof 1876and-1877, when rihe was with her father gave evidence to muoh the same effect. Mrs Besant filed tome affirmations in answer to the above affidavits. The Master of the Rolls held that under the circumstances it would be impossible to say that it would be beneficial for any young girl to be brought',ttp and educated by such a mother; and on these grounds he ordered 1 the child to be given up to the custody of thefather. Shortly after the opening of the appeal by Mrs Besant in person it s was mentioned that the case of " Besant T. Wood,",which was an action to restrain the wife from interfering with her husband,, and in which there was a counterclaim for judicial separation, was set down , for hearing before the.Master of the Rolls. Lord Justice James said he thought it would .be more convenient that this appeal should -stand over until after- that action was tried. The suggestion was then ultimately adopted, counsel for Mr Besant consenting. Lord Justice James, in delivering the judgment' of the court, on April 3, said the appellant contended that the father had delegated his right with reference to the bringing up of the child to the appellant, and that therefore the court, with regard to this question, should proceed on the assumption that the father was dead. But if the father was dead it would be the duty of the court to take care that the child should bo brought up in the religion of the deceased father. It would be v impossible for the court to allow . its ward,, a Christian child of a Christiao father, baptized in a Christian church, to remain under the guardianship and control of a person Who professed, taught, and. promulgated-anti-religious opinions, and who avowed that she intended to persevere in teaching and promulgating .those opinions; The court had nothing to do with the conscientious motives by which she alleged she was. influenced :• in, teaching and promulgating those opinions. The court was: the real guardian of the infant, and must perform its duty accordingly by separating the child from the appellant, , :

' '' Facts" About Dop».--" Can dogs find their way home from long distances ?." Mks aa exchange. It is according to the dog. If it is one you want to get rid of he can fin'd'hii way back home from Texas. If its - a good one" he's apt' to get v lost if he goeß round the corner. A Practical Man.—A man who "was hanged in Indiana, being of a rery practical turn of mind, made no allusion about meeting anybody in heaven. He merely nodded to the preacher, and said laconi- ,, cally, "I'll meet you later;' 1 and then the trap fell." ',*.. ... - ,1