Francena Marcella SHEPLEY
1908 - Probate Court. Hearing on Petition of Jame Coulter for Custody of Minor Child. - Decree for Division of Time With Father and Mother.

...petition of James Coulter that the custody of his minor daughter, Marion, which was taken from him by a decree of this court and given to his wife, Louise J. Coulter, may be returned to him by a new decree.

Thomas Casey was counsel for Mr. Coulter and Walsh & Walsh for Mrs. Coulter.

James Coulter testified that in April 1906, his wife refused to let him take the child. At this pint there was a discussion between counsel, but it was agreed that Mrs. Coulter is a nurse in a state hospital at Northampton, that the child is being boarded at Baldwinville, and Mr. Casey stated that the father is not allowed to see the child.

...on one occasion, in November, 1905, he was refused a request to take the child because "her clothes were all dirty;" the family where the child is boarded consists of a husband, wife and two young children; the child looked as though she had enough to eat at Baldwinville.

In cross-examination, witness said that he had made no effort to see his child at Baldwinville since April 1906, until his wife complained of him for neglecting to comply with the order of the court in reference to contributing to the support of his wife and child. In reply to a question witness said he did not know why his wife left him, but admitted that she claimed it was on account of his drinking.

He said that the only complaint he had to make of the treatment of the child was that she was not properly clothed...

Mrs Louise J Coulter, the respondent, testified that she separated from her husband, July 20, 1905; that she is 26 years old and her child will be six years in April; Mrs. Popple, with whom the child lives, provides a good home. I have been a nurse; Mrs Popple's children are 12 and 14 years, respectively. I correspond with Mrs Popple twice a week; the child's health has been good; I have never objected to my husband seeing the child when he asked in a proper way.

Thomas A Francis testified that he was with James Coulter when he went to Mrs Popple's to see his child, neither of us were under the influence of liquor; Mr. Coulter asked to take his child, but Mrs Popple refused, because she had no clean clothes for the child, she said she had orders not to let the child go; called her husband, who swore and ordered us out of the house.

Judge Forbes said if he finds that the mother seeks to prejudice the child against the father he would give the custody to the father. It would be very proper to have the child visit its grandparents.

Judge Forbes said he would make a decree continuing the custody with the mother, but providing that the child shall spend one half of the time between now and the summer vacation of the public schools, in this city and one-half at Baldwinville and gave Mr Casey the right to select the time the child shall be in Fitchburg. Mr Casey chose the first half of the time and Judge Forbes said that he would make up the [illegible] on Thursday of this week. The child is to be returned to the mother on April 23.

Fitchburg Sentinel
Fitchburg, Massachusetts
January 2, 1908