Juvenile delinquency: interstate adoption practices--Miami, Florida: hearings before the Subcommittee to Investigate Juvenile...
Juvenile delinquency: interstate adoption practices--Miami, Florida: hearings before the Subcommittee to Investigate Juvenile Delinquency of the Committee on the Judiciary, United States Senate, eighty-fourth Congress, first session, pursuant to S. Res. 62 ... November 14 and 15, 1955
HARVARD COLLEGE
LIBRARY
GIFT OF THE
GOVERNMENT
OF THE UNITED STATES
JUVENILE DELINQUENCY
(INTERSTATE ADOPT MlAMI, FLORIDA)
DEPOSITED BY THE
UNITED STATES GOVERNMENT
MAV 81956
HEARINGS
BEFORE THE
SUBCOMMITTEE TO INVESTIGATE
JUVENILE DELINQUENCY
OF THE
COMMITTEE ON THE JUDICIARY
UNITED STATES SENATE
EIGHTY-FOURTH CONGRESS
FIRST SESSION
PURSUANT TO
S. Res, 62 as extended
EIGHTY-FOURTH CONGRESS
INVESTIGATION OF JUVENILE DELINQUENCY IN THE
UNITED STATES
NOVEMBER 14 AND 15, 1955
Printed for the use of the Committee on the Judiciary
UNITED STATES
GOVERNMENT PRINTING OFFICE
74718 WASHINGTON : 1956
COMMITTEE ON THE JUDICIARY
HARLEY M. KILGORE, West Virginia, Chairman
JAMES O. EASTLAND, Mississippi ALEXANDER WILEY, Wisconsin
ESTES KEFAUVER, Tennessee WILLIAM LANGER, North Dakota
OLIN D. JOHNSTON, South Carolina WILLIAM E. JENNER. Indiana
THOMAS C. HENNINGS, Jr., Missouri ARTHUR V. WATKINS, Utah
JOHN L. McCLELLAN, Arkansas EVERETT McKINLEY DIRKSEN, HUnols
PRICE DANIEL, Texas HERMAN WELKER, Idaho
JOSEPH C. O'MAHONEY, Wyoming JOHN MARSHALL BUTLER, Maryland
SXJBCOMMITTEE To INVESTIGATE JUVENIXE DELINQUENCY IN THE UNITED STATES
ESTES KEFAUVER, Tennessee, Chairman
THOMAS C. HENNINGS, Jr., Missouri WILLIAM LANGER, North Dakota
PRICE DANIEL, Texas ALEXANDER WILEY, Wisconsin
James H. Bobo, General Counsel
Peter N. Chdmbris, Associate Counsel
Ernest A. Mitler, Special Counsel
CONTENTS
Statement of — Paffe
Beckham, Senior, Judge Walter H., juvenile court of Dade County,
Miami, Fla 241
Testimony of —
"Andrews", Mrs., Miami, Fla. (mother of Miami woman who died
after either giving birth or being aborted by Dr. Katherine Cole)__ 203
"Andrews", Miss, Miami, Fla. (daughter of Miami woman who died
after either giving birth or being aborted by Dr. Katherine Cole)__ 203
Cole, Dr. Katherine, naturopath, Miami, Fla. (engaged in making
independent placements for adoptions), accompanied bv counsel
J. H. Rolfs, Miami, Fla _' 213
Comanor, Albert, executive director of Jewish Family Service, Miami,
Fla 248
Earnest, Ray M., president of Florida Children's Home Society,
Miami, Fla 211
Epps, Mrs. Dessa, former boardina mother of wards of Richmond
County juvenile court, Augusta, Ga 78
Floyd. Dr. Seth J., physician, Phenix City, Ala., accompanied by
counsel James H. Fort, Columbus, Ga__ 39
Grice, Mary, reporter for Wichita Beacon, Wichita, Kans 47
Harney, Miss Claudia, executive secretary of Catholic Charities
Bureau, Inc., Miami, Fla 189
Harris, Roy v., attorney for Judge Harry A. Woodward, Augusta,
Ga __. 176
Henshaw, Mrs. Esther, director of the Bureau of Vital Statistics for
Dade County, Miami, Fla 189
Hydrick, Mrs. Myrtis, former volunteer worker, Richmond County
Juvenile Court, Augusta Ga 85
Martin, Mrs. Eva, McBean, Ga. (foster mother of child placed with
her by Richmond County Juvenile Court Judge Harry A. Wood-
ward) 91
Mitler, Ernest A., special counsel of the United States Senate Sub-
committee To Investigate Juvenile Delinquency, Washington, D. C-60, 115
Parrish, Mrs. Callie Mae, Augusta, Ga. (grandmother of child placed
for adoption by Richmond County Juvenile Court Judge Harry A.
Woodward) 96
Patterson, John, attorney general of the State of Alabama, accom-
panied by Joseph G. Robertson, executive secretary, office of the
attorney general, State of Alabama 6
Peacock, Capt. Richard, Alabama National Guard, Birmingham, A\a.. 20
Pearson, Dr. Homes L., Jr., secretary of the Board of Medical Ex-
aminers of Florida, Miami, Fla 254
"Robbins," Mr., attorney, Miami, Fla 59
Sherrill, Allen E.. attorne}^, Miami, Fla 233
Slaughter, Miss Harriet, private investigator, Dade County, Miami,
Fla 237
Stratos, Dr. Paul, physician, Miami, Fla 265
Suarez, Dr. Eduardo, naturopath, Miami, Fla., accompanied by
counsel J. H. Rolfs, Miami, Fla 228
Sutera. Mrs. Ruby, Miami, Fla. (housewife engaged in making inde-
pendent placements for adoption) 195
Ward, Miss Margaret, supervisor of adoptions. Department of Puir.ic
Welfare, State '^of Florida, Miami, Fla 248
Williams, Dr. Joseph E., naturopath, Miami, Fla 208
"Wilson," Mrs., Miami, Fla. (natural mother upon whom Dr. Kather-
ine Cole volunteered to perform an abortion) 227
Wood, Miss Jane, reporter for Miami Daily News, Miami, Fla 184
m
IV CONTENTS
Testimony of — Continued Page
Woodward, Judge Harry A., juvenile court judge of Richmond
County, Augusta, Ga., accompanied by counsels Roy Harris and
William Congden, Augusta, Ga 101, 151
Yakalis. Dr. George, administrator of Roosevelt Hospital, Miami,
Fla 256
EXHIBITS
Number and summary of exhibit
1. Resolution of November 4, 1955, by the subcommittee of the Com-
mittee on the Judiciary To Investigate Juvenile Delinquency in the
United States authorizing hearings of the subcommittee in Miami,
Fla., on November 14 and 15, 1955 4
2. Senate Resolution 89 creating subcommittee of the Committee on the •
Judiciary To Investigate Juvenile Delinquency in the United States. _ 5
3. Photostat of fraudulent birth certificate filed by Dr. Seth J. and Mrs.
Alice Floyd of Phenix City. Ala 9
4. Criminal record of Clarence O. Revel, Phenix City, Ala 13
4a. Poster showing Clarence O. Revel as a fugitive 14
5. Affidavit of Barbara Griggs Schumacher, Phenix City, Ala 15
6. Statement of a natural mother, "Mary Henderson," whose child was
placed out for adoption bj' Dr. Seth J. and Airs. Alice Floyd of
Phenix City, Ala 22
6a. Statement of friend of adoptive couple who received child described in
exhibit 6 24
6b. Contract for adoption of child described in exhibits 6 and 6a 25
6c. Admittance card to Phenix City, Ala., Memorial Hospital and birth
certificate of mother and child described in exhibits 6, 6a, and 6b- _ 26
6d. Letter from foster father 26
7. Statement of a natural mother, "Mary Lou Case," whose child was
placed out for adoption by Dr. Seth J. and Mrs. Alice Floyd of
Phenix Citv, Ala 28
8. Letter from Department of Public Welfare, State of Alabama, to Dr.
S. J. Floyd, Phenix City, Ala., dated April 21, 1954 35
9. Statement of a natural mother, "Eleanor Wald," whose child was
placed out for adoption by Dr. Seth J. and Mrs. Alice Floyd of
Phenix City, Ala 36
9a. Birth certificate of child described in exhibit 9 38
10. Photostats of ads appearing in Wichita, Kans., newspapers soliciting
unmarried mothers. Ads placed' by local Wichita attorneys acting
as baby brokers 49, 50
11. Aif davit of lydia Dean, mother of Mrs. Sherling who received a child
placed by Richmond County, Ga., Juvenile Court Judge Harry A.
' Woodward 63
11a. Report concerning Mrs. Sherling who received a child placed by Ri.^h-
mond County, Ga., Juvenile Court Judge Harry A. Woodward
(same child as referred to in Exhibit 11) 64
lib. Copy of will of Joseph Gray Sherling signed on Dec. 10, 1954. Item
V requestin'? that the executrix employ H. A. Woodward as coun-
sel to probate will 66
12. Chart illustrating where Richmond County, Ga., Juvenile Court Judge
Harry A. Woodward and probationary officer. Miss Elizabeth
Hamilton, placed children for adoption throughout the United
States 68
13. Excerpts from a letter from W. H. Parker, Chief of Police, Los Angeles,
C.ilif., regarding a con^den^e man who was the Los Angeles agent for
Richmond County, Ga., Juvenile Court for its child-placing activ-
ities 71
14. Criminal record of I os Angeles "unofficial agent" for Richmond
County, Ga., Juvenile Court 72
15. Chart illr.strating manner in which Richmond Coimty Juvenile Court
Jrdge terminated the parental rights of natural parents, placed child
M ith adoptive couple of his own selection and received a fee for the
service 74
CONTENTS V
Number and summary of exhibit Page
16. Chart showing percentage of total petitions for adoption in Richmond
County filed by Juvenile Court Judge Woodward as attorney 76
17. Award of temporary custody of child by Richmond County Juvenile
Court Judge Harry A. Woodward, to Mr. and Mrs. Martin, falsely
stating that the natural parents of the child were deceased 93, 94
18. Photostat of receipt signed by B. L. Hamilton for services rendered in
connection with the award of custody of a child, to Mr. H. M. Mar-
tin in which the award of custody was falsely represented as an adop-
tion 95
19. Letter from Elizabeth Hamilton to adoptive couple in California
directing them to withhold information from the Department of
Social Welfare in California 116
19a. Statement taken in October 1955, of natural mother referred to in
exhibit 19 whose child was placed for adoption. (Her true name
and address are on file with the committee) II9
20. Affidavit of Augusta, Ga., mother who was separated from her child by
Richmond County, Ga., Juvenile Court Judge Harry A. Woodward
against her will on recommendation of probation officer, Elizabeth
Hamilton 120
21. Alleged consent for adoption purportedly signed by Edna Meridith
Matthews Coursey asserting that Edna Meridith Matthews Cour-
sey's divorce had been consummated prior to April 7, 1948 122
21a. Extracts from the records and files of the Superior Court of Richmond
County, Ga., showing that Edna Meridith Matthews Coursey 's
divorce action was instituted on December 23, 1949, and that the
final decree was obtained on January 26, 1950 124-129
22. Affidavit of Augusta, Ga., mother who was deceived into releasing her
children for adoption to the Richmond County, Ga., Juvenile Court
when she intended to have the children adopted by her sister 130
22a. Affidavit of sister of mother desci'ibed in exhibit 22 131
23. Letter signed by B. Hamilton, chief probation officer, Richmond
County, Ga., Juvenile Court, Augusta, Ga., criticizing alleged prac-
tices of Department of Social Welfare, State of California 133
23a. Letter from Department of Social Welfare, State of California, re-
garding alleged practic3s described in exhibit 23 134
24. Standard mimeographed brief sent by Richmond County, Ga., Juvenile
Court Judge Harr}' A. Woodward to attorneys for adoptive parents
throughout the United States with whom he had placed children 138
25. Affidavit of Augusta, Ga., foster mother with whom Richmond County
Ga., Juvenile Court had placed a child for temporary care but the
mother believed she had secured an adoption decree 143
26. Copy of appointment of jud^e of the Juvenile Court of Richmond
County, Georgia. Appointment made by Superior Court Judges
G. C. Anderson and F. Frederick Kennedy, dated Apr. 27, 1951 162
27. Report of Richmond County, Ga., Grand Jury filed on June 19, 1951__ 163
28. Check dated October 20, 1954, made out to Judge Harry A. Woodward
and signed by the adoptive father with whom Judge Woodward had
placed child on same date 167
29. Check signed hy adoptive father, dated Au^. 21, 1953, payable to Dr.
J. F. NorveUof Richmond County, Ga 170
30. Check payable to Judge Harry A. Woodward, personally for services
rendered in connection with the placement of a child with adoptive
narents 171
31. Falsified birth certificate for Jo Anne Saunders in which an attempt
was made to show her as a twin of a second unrelated child. Cer-
tificate signed by Dr. Katherine Cole Faces 194
31a. Falsified birth certificate, signed by Dr. Katherine Cole, in which an
attempt was made to show Joyce Saunders a twin of Jo Anne
Saunders, an unrelated child Faces 194
31b. Tru'^ ^Mrth certificate of Jo Anne Saunders whose true name is Jo Anne
Sullivan, Hollywood, Fla Faces 194
31c. Tru^ birth certificate for Jovce Saunders whose true name is Joyce
Elizabeth French, North Holy wood, Calif Faces 194
32. Signature of Dr. Katherine Cole, naturopath, Miami, Fla 214
32a. Arrest record of Dr. Katherine Cole, naturopath, Miami, Fla 215
33. Excerpts from "Statistics of Adoptions in Florida— 1943-55" (Full
report on file with committee) 249
JUVENILE DELINQUENCY
(Interstate Adoption Practices)
MONDAY, NOVEMBER 14, 1955
United States Senate, Subcommittee of the Committee
OF the Judiciary To Investigate Juvenile Delinquency,
3Iiami, Fla.
The subcommittee met, pursuant to notice, at 10 : 30 o'clock a. m., in
the main courtroom, U. S. Court House, Miami, Fla., Senator Estes
Kefauver (chairman of the subcommittee) presiding.
Present : Senator Kefauver.
Also present : James H. Bobo, general counsel ; Ernest A. Mitler,
special counsel ; H. Patrick Kiley, investigator ; William F. Haddad,
consultant.
Chairman Kefauver. The subcommittee will come to order.
This is a special subcommittee of the United States Senate, a sub-
committee on the Judiciary, composed of Senators Wiley of Wisconsin,
Langer of North Dakota, Hennings of Missouri, Daniel of Texas and
myself.
Unfortunately, in this hearing the other Senators are either out of
the country or engaged. We hope that possibly Senator Langer may
be able to come at a later time. He has a physical disability which
prevented him from coming down last night.
I have the pleasure of being the chairman of the subcommittee. The
Senate of the United States gave this subcommittee the responsibility
of finding out what the extent of juvenile delinquency is in the United
States, what the causes of it might be, and of investigating and recom-
mending to the United States Senate and to the Judiciary Committee
suggestions for laws insofar as interstate commerce is concerned, nar-
cotics and other problems in which the Federal Government has a
responsibility.
It gives me personally a great deal of pleasure to be back in Miami
among all my old friends. I did want to say that for the past few
days we have had some members of our staff who have been in Miami
arranging these hearings.
Our chief counsel, Mr. James H. Bobo, is on my left. Mr. Ernest
Mitler, who is associate counsel and who was formerly with Mr. Frank
Hogan's department as assistant district attorney in New York, is on
my right, and he has especially worked on one part of our hearing,
the part that has to do with illegal traffic in the adoption or placement
of children for adoption. On my extreme left is Mr. Bill Haddad,
the man who handled public relations and many other general things
for the subcommittee. We also have Mr. Pat Kiley, who is with my
2 JUVENILE DELINQUENCY
own staff. There is also Miss Jean La Marche, who is a very fine local
girl that as been acting as secretary for members of our staff.
I want to express our appreciation to District Court Judge Choate
for the use of this beautiful courtroom and to the United States
marshal for his cooperation, and also to Mr. Hickson, who originally
came from Tennessee, the deputy marshal. He has been very, very
helpful. I also wish to express thanks to the many, many others who
have been of assistance to us.
This city and this courtroom hold vivid memories for me. In
1950 the Senate Crime Investigating Committee held hearings in this
same room. Testimony developed here that enabled us to better
understand the nature and the scope of organized crime in the United
State. After we left, Miami's citizens took up the task of cleaning
house, and I think it is fair to say that Miami and this area have
certainly ridded themselves from the influence of the criminal ele-
ment.
I also want to make special reference to the Greater Miami Crime
Commission, who through many difficulties have continued throwing
the spotlight of public opinion concerning the operation of certain
groups in this area. They did a fine job and one which served as
an example to other communities across the Nation of what individual
people and trustworthy public officials could do.
Today we are here because the United States Senate has concerned
itself with another vital problem of American society — the problem
of juvenile delinquency.
The Congress believes that public examination of juvenile delin-
quency will not only provide us with necessary information for pos-
sible Federal legislation, but will highlight situations that can only
be controlled through action at the local level.
In our nationwide study of juvenile delinquency, we have found
a vast majority — some 96 or 97 percent — of our children are fine,
upstanding citizens. They are alert and funloving, securing an edu-
cation, anxious to assume their responsibility as citizens. They have
the brightest futm-e of any children anywhere in the world. I have
nothing but the highest commendation for the vast majority of our
young people.
But, for all of this, li^ million of them came into conflict with the
law last year. Almost a half million of them came before the courts.
Juveniles have committed 72 percent of all auto thefts, 63 percent
of all burglaries, 36 percent of all the robberies, and even 36 percent
of all the reported rapes. It is tragic to note that in the last 12 years
the increase in sex crimes in the United States has been something
more than 110 percent.
To find out why these children go wrong, we are studying the social
and psychological causes of delinquent behavior. We are in constant
touch with the Nation's leading sociologists and psychiatrists.
We have discussed the problem with the police and probation offi-
cers — and we have talked to concerned parents in all parts of this
country.
The subcommittee first held hearings in several representative com-
munities. These community hearings enabled us to understand the
pattern of juvenile delinquency. Senator Hendrickson, who was the
first chairman of this committee, conducted the hearings here last year
JUVENILE DELINQUENCY 6
or a year and a half ago, and in the report of our committee we compli-
mented Miami and this general section for the many fine programs for
youth opportunity which are being continued and carried out in this
part of Florida. We complimented many public officials on the jobs
that they were doing.
Our next step was to select certain topic areas for further study.
Today and tomorrow we will continue our study of interstate adoption
practices, one of these topic areas. I think I should say at this time
that as chairman I have a special concern with this entire problem be-
cause my wife, Nancy, and I have 4 children — 3 girls and a little boy.
Our little son, David, who is now 9 years of age, was adopted from the
Cradle Society in Chicago. He has fitted into our family wonderfully
and brought us much happiness, and we hope that we have been good
parents for David. I do have a special interest in this subject matter
and in doing what we can do to see that there is a proper investigation
as to the fitness of children into homes and the certain practices which
are not calculated to give a child the best opportunity.
Our hearings on interstate adoption procedures began last July in
Chicago. There specialists in the field told us what happens to the
child who is placed in the wrong home. During this hearing we will
hear of one such case, a case so callous, yet so common, that one won-
ders why there are no Federal safeguards to protect the child.
Let us review for a moment the situation which created the adoption
problem.
Incidentally, I think I should mention that there are about 90,000^
is that the number, Mr. Mitler ?
Mr. Mitler. I think it is — —
Chairman Kefau^^er. The number runs somewhere around 90,000
a year in the entire United States.
Let us review for a moment the situation which created the adoption
problem. On one hand, we have anxious couples, hungry for a child.
Between them and the child is an agency with rigid requirements and
a huge waiting list. The agencies have 20 requests for every child
available. The result for the anxious couple is red tape and a long
delay.
On the other side of the picture we have the young unmarried
mother, anxious to leave her own community, but often lacking the
money to do so. Her shame is so great and her emotional framework
so shocked that she is susceptible to the first idea that promises to
alleviate her situation.
It is at this time of greatest need that some private or public agency
should render skilled and professional assistance to the young mother.
Instead, all too often, an unscrupulous individual is the first one to
reach the mother. His only concern is to obtain a child he can sell.
The psychological and social consequences of such behavior is not
his concern. To him the highest bidder can have the child.
To the unmarried mother he offers medical care and removal from
the home community as price for the child. Once he has obtained the
child, he offers it to anxious couples for fees ranging up to $3,000.
_ Even sincere doctors and lawyers who assist these young unmar-
ried mothers in taking the child or in placing a child through private
arrangements tamper with the life of the child and often leave life-
long scars on the personality of the natural mother.
4 JUVENILE DELINQUENCY
One of the reasons we are sitting here today is because the Senate
Judiciary Committee has referred to us two liills aimed at stopping
this interstate sale of cliildren. One bill is sponsored by Senator
Thye of Minnesota and Wiley of Wisconsin, and the other has been
by Senator Langer of North Dakota, Hennings of Missiouri, and
myself.
The subcommittee is further concerned because the misplaced child
is a ripe subject for juvenile delinquency. We have had many ex-
amples in other cities of young children placed in the wrong homes
or they were misfits, and as time went on they became juvenile delin-
quents and undoubtedly this has been one of the many contributing
factors to the wave of juvenile delinquency that we have had in the
country.
We are also concerned because 33 of our 48 States do not have laws
to prevent within the State sale of babies. Seventeen of our States
have absolutely no teeth in their regulations governing who may or
may not set up an adoption agency; that is, we found m some States
that people with criminal records, immoral people, have established
informal placement agencies, handled the placement of children, which
on its face is a very bad influence.
The committee must also consider whether there is a need for com-
munity services to alleviate the conditions out of which these malprac-
tices grow. Safeguards for the natural mother, the child and the
adopting couple must be maintained at some level of government.
Today we will hear from witnesses familiar with the interstate baby
adoptions in the southeastern United States. I respectfully urge the
press to exercise every precaution to protect the identity of the adopted
children and their natural and adopting parents. Names may be
brought out inadvertently. The names of the children, the natural
mother or the adopting parents, may be mentioned. I will ask that
that be treated and be given special consideration and not be printed.
We are here concerned more with learning how the adoption system
functions than with the individuals involved.
I also want to thank the press for already cooperating with us in this
respect. I also should include the radio and television for communi-
cating with us in this regard and with members of our staff.
Mr. Bobo or Mr. Mitler, are there any other things that I should
mention before we get started ?
Mr. BoBO. I think we should include within the record the resolution
authorizing this subcommittee to be present here today in Miami.
Chairman Kefaua'er. That will be done. It will be read into the
record.
(The resolution referred to was marked "Exhibit 1," and is as fol-
lows:)
Exhibit 1
Resolution
Resolved 'by the Subcommittee of the Committee on the Judiciarj/ To Studv
Juvenile Delinquency in the United States, That pursuant to subsection (.3) of
rule XXV, as amended, of the Standing Rules of the Senate (S. Res. 180, 81
Cong., 2d sess., agreed to February 1, 1950) and committee resolutions of the
Committee on the Judiciary, adopted January 20, 1955, Senator Estes Kefauver
(D-Tennessee), and such other members as are present, are authorized to hold
JUVENILE DELINQUENCY 5
hearing of this subcommittee in Miami, Fla., on November 14 and 15, 1955, and
such other days as may be required to complete these hearings, and to take sworn
testimony from witnesses.
Agreed to this 4th day of November 1955.
Thomas C. Hennings, Jr.,
Price Daniel,
William Langeb,
Alexander Wiley,
Members of Subcommittee To Study Juvenile Delinquency.
Mr. BoBO. I think we should also have the Senate resolution by which
this subcommittee was created.
Chairman Kefauver. We will also have that done.
(S. Res 89 was marked "Exhibit 2," and is as follows :)
[S. Res. 89, 83d Cong., 1st sess.]
RESOLUTION
Resolved, That the Committee on the Judiciary, or any duly authorized sub-
committee thereof, is authorized and directed to conduct a full and complete
study of juvenile delinquency in the United States. In the conduct of such in-
vestigation special attention shall be given to (1) determining the extent and
character of juvenile delinquency in the United States and its causes and con-
tributing factors, (2) the adequacy of existing provisions of laws, including
chapters 402 and 403 of title 18 of the United States Code, in dealing with
youthful offenders of Federal laws, (3) sentences imposed on, or other correc-
tional action taken with respect to, youthful offenders by Federal courts, and (4)
the extent to which juveniles are violating Federal laws relating to the sale or
use of narcotics.
Sec. 2. The committee, or any duly authorized subcommittee thereof, is au-
thorized to sit and act at such places and times during the sessions, recesses, and
adjourned periods of the Senate, to hold such hearings, to require by subpenas
or otherwise the attendance of such witnesses and the production of such books,
papers, and documents, to administer such oaths, to take such testimony, to
procure such printing and binding, and, within the amount appropriated therefor,
to make such expenditures as it deems advisable. The cost of stenographic
services to report hearings of the committee or subcommittee shall not be in
excess of 40 cents per hundred words. Subpenas shall be issued by the chairman
of the committee or the subcommittee, and may be served by any person desig-
nated by such chairman.
A majority of the members of the committee, or duly authorized subcommittee
thereof, shall constitute a quorum for the transaction of business, except that
a lesser number to be fixed by the committee, or by such subcommittee, shall
constitute a quorum for the purpose of administering oaths and taking sworn
testimony.
Sec. 3. The committee shall report its findings, together with its recommenda-
tions for such legislation as it deems advisable, to the Senate at the earliest date
practicable but not later than January 31, 1954.
Sec. 4. For the purposes of this resolution, the Committee, or any duly author-
ized subcommittee thereof, is authorized to employ upon a temporary basis such
technical, clerical, and other assistants as it deems advisable. The expenses of
the Committee under this resolution, which shall not exceed $44,000, shall be
paid from the contingent fund of the Senate upon vouchers approved by the
Chairman of the Committee.
Chairman Kefauver, Our hearings today and tomorrow will be
concerned with this subject matter. It is the rule of our subcom-
mittee that on controversial issues all of our witnesses will be sworn.
We do not doubt the veracity of any of them, certainly not some of
the distinguished people who will testify here, but that is a rule.
Mr. Mitler, is there anything else, any other statement?
Mr.MiTLER. No.
b JU\^ENILE DELINQUENCY
Chairman Kefauver. Our first witness is the distinguished attorney
general of the State of Alabama, Hon. John Patterson, who will
come around and be sworn. Mr. Robertson, you can come around
with General Patterson.
(Whereupon, the witness was duly sworn.)
TESTIMONY OF JOHN PATTERSON, ATTORNEY GENERAL OF THE
STATE OF ALABAMA; ACCOMPANIED BY JOSEPH G. ROBERTSON,
EXECUTIVE SECRETARY, OFFICE OF THE ATTORNEY GENERAL,
STATE OF ALABAMA
Chairman KefatU'ER. Before proceeding with the examination of
the distinguished attorney general of Alabama, I want to say that it
was my great pleasure and privilege to have known rather well, both
personally and from working with the attorney general, Mr. Patter-
son's father, a courageous and able man. He was one of the jfinest
influences that I know of in the whole country. I say again that I
refer to Attorney General Patterson, whose life was brought to an
end, unfortunately, and I think that the citizens of Alabama and of
the Nation can be very thankful that the work that was so well
started is being carried out by the junior Patterson. We are happy
to have you with us and we appreciate the fact that you have come
down to testify. We want to thank you for your cooperation to this
committee, General Patterson.
Attorney General Patterson. Thank you, sir.
Chairman Kefauver. When did you become attorney general of
the State of Alabama ?
Attorney General Patterson, I took office on January 18 of this
year, 1955.
Cliairman Kefaitvtir. You were elected by the people of Alabama ?
Attorney General Patterson. Yes, sir ; in a special primary called
in the fall of 1954.
Chairman Kefauver. That was the primary following the unfor-
tunate passing of your distinguished father ?
Attorney General Patterson. Yes, sir ; that is correct.
Chairman Kefauver. How long is your term as attorney general?
Attorney General Patterson. It is for 4 years, from January 18 of
this year.
Chairman Kefauver. You have sitting with you the assistant at-
torney general, Mr. Robertson ; is that true ?
Attorney General Patterson. Yes, sir. Mr. Robertson is my execu-
tive assistant.
Chairman Kefauver. What is your first name ?
Mr. Robertson. Joseph G.
Chairman Kefau\'ER. We are glad to have you here. I know also
that you are attending the National Conference of Crime Commis-
sions, which is meeting here at this time also.
Mr. Mitler, will you proceed with asking General Patterson some
questions ?
Mr. MiTLER. Attorney General Patterson, before becoming attor-
ney general of the State of Alabama, were you a practitioner of law?
Attorney General Patterson. Yes. I practiced law with my father
in Phenix City from August of 1949.
JUVENILE DELINQUENCY 7
Mr. MiTLER. And as a result of that, you knew the moral climate
and the atmosphere of Phenix City ?
Attorney General Patterson. Yes. I have lived in Phenix City
since 1933*.
Mr. MiTLER. Your contact with the baby brokerage business in
Phenix City originated from the case in which your father was origi-
nally the attorney ?
Attorney General Patterson. Yes ; that is the case of Griggs versus
Barnes.
Mr. Mitler. How did you enter into the picture, Attorney General
Patterson ?
Attorney General Patterson. My father was retained as Miss
Griggs' attorney back in 1951. He handled the case through the
courts for two — it went up to the Supreme Court two times. After
his death, the case was still pending on appeal. I took over the case
at that time, and handled the case on the second appeal.
The case on the second appeal was reversed, and the child was
turned back to its natural mother, Mrs. Schumacher.
Mr. Mitler. As a result of that case and as a result of living in
Phenix City, did you learn in a general way of the existence of this
traffic or this brokerage business in babies?
Attorney General Patterson. Yes. I might say that, since living
in Phenix City since 1933, it lias been my observation that there was
a total disregard for the laws of the State of Alabama in Phenix City
up until the time the National Guard moved in and cleaned up the
community in July of last year, 1954.
Mr. Mitler, Would you describe the whole moral climate out of
which this baby brokerage business arose?
Attorney General Patterson. Yes. For many years now, especially
since about 1941 and 1942, when large numbers of troops began to
move into the Fort Benning area, Phenix City had been taken over
almost completely by organized crime. Practically every city and
county official was directly or indirectly connected in some way with
this criminal syndicate, and I think that you could say that the
criminal syndicate operating in Phenix City was run and operated
from the city hall and the county courthouse.
Actually, at that time, at the time the National Guard came to
Phenix City, the organized syndicate had been able to take control
of government completely away from the people. They did this, I
believe, in two ways : They corrupted the election machmery so that
they could guarantee the outcome of any election and, therefore, elect
their people to office, and they were able to get persons appointed to
the jury commission who would fill the jury box with people with
criminal records and people engaged in vice and crime for a living.
It got so that you could not get an indictment against anybody who
belonged to the syndicate, nor could you get a conviction by a petit
jury.
You could say that when the National Guard came to Phenix City,
and for the last several years, Phenix City had been in the grip of
an organized syndicate.
Last year, in July, when the National Guard came, we had slot
machines all over town that probably numbered into the thousands.
We had about five lottery companies operating, a prostitution ring,
dope peddling. We had between 40 and 50 gambling casinos that
offered all forms of gambling.
8 JUVENILE DELINQUENCY
I might add that gambling is against the law in the State of Ala-
bama.
We found that the criminal syndicate had eaten its way into our
school systems, our churches, civic organizations, and had tremendous
influence, political influence, in power as far away as the State capital.
It was out of a situation like this that this baby-adoption ring grew.
I think it grew out of it as a part of this system.
Mr. MiTLER. What is the population generally of Phenix City?
Attorney General Patterson. It is approximately 24,000, and just
across the river is Columbus, Ga., with a population of about 150,000.
Mr. MiTLER. In the case where you represented Barbara Griggs,
who was the doctor and who was it that assisted in the placing of that
child for adoption ?
Attorney General Patterson. As I understand the testimony in
the Griggs case, this young girl was 16 at the time, and she was un-
married. She became pregnant, and she went to see Dr. Seth Floyd,
who was at that time, I believe, the mayor of Phenix City, or at least
a city commissioner. His wife assisted him in his practice as a doctor.
After some deliberation with the doctor, this girl agreed to go and live
with a Mrs. Stone, who would look after her until the time came when
she would go to the hospital and have her child.
Mr. MiTLER. Who was Mrs. Stone and who was her mother ?
Attorney General Patterson. I think at the time Mrs. Stone's
husband was in the service and overseas. Her mother is a Mrs. Mala-
nowski.
Mr. MrrLER. Who is Mrs. Malanowski ?
Chairman Kefauver. Spell that name.
Attorney General Patterson. I will have to check the spelling of
that name and give it to you later. I have it in my records.
Chairman Kefatjver. Please give us the spelling, Mr. Mitler.
Mr. Mitler. It is Louise M-a-1-a-n-o-w-s-k-i. As a matter of fact,
is she now serving a sentence in the State prison for women in Alabama
on an abortion charge?
Attorney General Patterson. Yes. She is serving a 4-year sentence
at the women's prison for illegal abortion at the present time.
Mr. Mitler. Were you informed that Mrs. Malanowski played some
role in making this arrangement?
Attorney General Patterson. She was present, as I understand it,
through some of the deliberations about where this young girl would
stay, and so forth.
Mr. Mitler. After Barbara Griggs stayed with Mrs. Stone for a
month, did you then learn that she returned to her own home and de-
cided to keep her child ?
Attorney General Patterson. Yes. She had some personal dif-
ficulties with Mrs. Stone, and left the Stone residence and returned to
her mother, and then she lived off and on with her mother and aunt
until the time came for her to go to the hospital. I believe it was
April 6, 1951, when she went to the hospital, and a few hours later
she gave birth to a boy. She never did see her child because a few
hours after the baby was born it was taken, I am informed, by Dr.
Floyd and his wife, or someone through them, and delivered to a
Mr.' and Mrs. Barnes.
Mr. Mitler. Following the policy of this committee, although we
have this on record, I would prefer to omit the exact real name. It
was delivered to a local couple in Phenix City; is that correct?
JUVENILE DELINQUENCY
9
Attorney General Patterson, That is correct.
Chairman Kefauver. Strike from the record the exact legal name.
Attorney General Patterson. The birth certificate of the child,
we later checked, showed that the girl had been registered at the hos-
pital in the name of "Starnes."
Mr. MiTLER. The child was registered in the hospital under the
name of the adopted couple and the address given was the address
of the adoptive couple ?
Attorney General Patterson. Yes. I think the intent was to regis-
ter the child in the name of the foster parents.
Mr. MiTLER. Apparently, in the excitement
Attorney General Patterson. A mistake was made.
Mr. MiTLER. Will the court reporter please strike out the exact real
name of , please ?
I show you this certificate of live birth, and ask you whether this is
the birth certificate which was made out in this case.
Attorney General Patterson. Yes. This is a photostat of the birth
certificate in this case.
Mr. MiTLER. I ask that the photostat be introduced into the record.
Chairman Kefauver. It will be introduced as exhibit No. 3.
(The exhibit referred to was marked "Exhibit 3," and is as
follows:)
Exhibit 3
XO JUVENILE DELINQUENCY
Mr. MiTLER. What happened after that, Mr. Patterson, concerning
your interviews and the affidavit from the natural mother ?
Attorney General Patterson. While this ^irl was still under the
influence of an anesthetic in the hospital, she signed a statement pur-
porting to give consent to the adoption of this child to these foster
parents. Just a few hours after she got home from the hospital, she
wanted to know where her baby was, and no one would tell her. As
soon as she was able to get up and get about, she came to our law firm
and employed my father to represent her. She stated that she had
signed this paper while under the influence of ether, and that she did
not really intend to part with her child, and she wanted it back.
She claimed that from just a few hours after the birth of her child
she tried to get her baby back continuously. We tried every possible
legal means. The first was a petition for habeas corpus that was filed,
and that case was tried in the Circuit Court of Russell County, Ala.
She lost her case in the lower court, and the supreme court later re-
versed the case and ordered her child delivered to her.
The sheriff of Russell County was one who made no serious effort
to deliver the child, and several days went by, giving the attorney for
the foster parents time to prepare another petition and get the case
back into the courts again. It went all the way back up to the supreme
court again, and just last year the Supreme Court of Alabama ordered
the child turned over to the natural mother, and in the meantime the
National Guard had taken over Phenix City, and the new sheriff of
Phenix City delivered the child to the natural mother.
This was the first time that the natural mother had seen the child
since its birth, and the child was nearly 4 years old. Of course, it was
a very sad thing to take the child at that age, but the natural mother
under the law was entitled to it, and she was not at fault in the long
period of time that had passed because she had tried diligently, from
the very beginning, to get custody of her child, and it was through
the efforts on the part of certain people in Phenix City that she was
unable to do so.
Mr. JMiTLER. Could you describe some of the pressure put upon the
natural mother during those years by local groups to prevent her from
getting her child ?
Attorney General Patterson. I was informed that she had been
threatened and intimidated on numerous occasions, and she had had
cases made against her. In one instance, a fornication case was laid
against her, and there was not sufficient evidence for such a case, and
that case died on the dockets of the court.
Mr. Mitler. Do you know who paid for the official reporter in that
case, without mentioning the name of the individual ?
Attorney General Patterson. Yes. This case, of course, was tried
in the recorder's court, which is not a court of record, where normally
no testimony is recorded. Apparently, to get some testimony against
this young girl, the foster parents who had custody of the child at the
time hired a court reporter to take testimony in this case.
Mr. JSfiTLER. Is it your understanding that Barbara Griggs would
have appeared here today except that she is going to give birth perhaps
today or the next day or two ?
Attorney General Patterson. Yes. She is happily married now
and, I believe, living in Connecticut. I think she is at the present time
confined awaiting the birth of a child.
JUVENILE DELINQUENCY 11
Mr. MiTLER. Incidentally, with respect to her name, that case does
appear in the official records and it has been in the newspapers for
several years ; is that correct ?
Attorney General Patterson. Yes. All of the names that I have
mentioned here would be a matter of public record and are in the
reported cases, yes.
Mr. MiTLER. With respect to the interstate element here, was it your
understanding that Mrs. Stone lived in Columbus, Ga. ?
Attorney General Patterson. Yes, she did.
Mr. MiTLER. And that is where Barbara stayed during the prenatal
period for a month or so ?
Attorney General Patterson. That is correct.
Mr. MiTLER. Did there come a time in Phenix City when there was
an internal community group that developed to combat all these rackets
and also the baby brokerage business ?
Attorney General Patterson. Yes. In November of 1951 my father
and a group of men organized a citizens' crime commission. That was
known as the Russell Betterment Association. They continued with
every legal means that they had at hand to combat this criminal
organization that was running the town.
They made investigations and tried to get the local authorities to
do something about the situation. The fight became very bitter.
In January of 1952 the president of the crime commission, Mr.
Bentley — his home was blown up with dynamite one night, blowing
his wife and child out into the yard. They were not killed. They
were very lucky.
The following month our law offices were burned. A newspaper
office was set afire and burned. This newspaper had supported our
movement.
In the spring elections of 1952 our watchers were beaten at the polls
and they were beaten in the presence of police officers, who did nothing
about it. An attorney representing the crime commission had his home
burned after it was sprayed with gasoline. Of course, the thing really
came to a head on June 18, 1954, when my father was slain in Phenix
City, 17 days after he had been elected Attorney General of Alabama
on a platform to wipe out organized crime in Alabama and specifically
in Phenix City.
The public reaction to that was terrific. They demanded that some-
thing be done about Phenix City and it should be done at once,
A few days later the Governor sent the National Guard into Phenix
City, and put it under martial law. The entire county was put under
martial law. We then proceeded with a cleanup of Phenix City, and
over 700 indictments were returned by a special grand jury. I think
over 100 persons have been sent to prison and the criminal syndicate
in Alabama was broken.
I am happy to say that today Phenix City is probably one of the
cleanest towns in the State of Alabama and in the United States.
There is no organized crime there today.
I want to say also that the majority of people in Phenix City are
good, law-abiding and decent people, and given a chance to govern
themselves they will certainly do so in a clean manner.
74718—56 2
12 JUVENILE DELINQUENCY
The National Guard, when it came to Phenix City, appointed or
assigned a Capt. Richard Peacock from Birmingham, Ala., to investi-
gate these baby cases.
The notoriety of the Griggs case pointed out to the Guard that may-
be they ought to look into this thing to see if this was a pattern and
had other cases like it. Captain Peacock did that and, of course, he
can testify about the specific facts of those cases. His investigations
reveal that this case that we represented in court in Alabama is one
of a pattern of many cases, which showed that there was somewhat of
an organization operating in Phenix City and Eussell County, and
that area also, and they were placing children in the hands of foster
parents in a way to get around and not have to comply with the Ala-
bama adoption laws.
Mr. MiTLER. Did the Russell County Betterment Association co-
operate with the National Guard ?
Attorney General Patterson. Yes. The Russell County Betterment
Association members worked night and day with the National Guard
the entire time that they were there, and they helped them investigate
and locate mothers in these baby cases and get the evidence for the
National Guard.
Mr. MiTLER. This situation with the baby brokerage business was
cleared up on a local level ?
Attorney General Patterson. It certainly was.
Mr. MiTLER. It was not exclusively by regulatory legislation; is
that correct ?
Attorney General Patterson. No. It was cleared up by local ac-
tion. It is my belief that in a clean, law-abiding community, where
the law is enforced, you would not have such an organization as this
baby racket. It could not grow out of a clean community. It comes
out of a community where there is a disregard for the law.
Mr. MiTLER. You have been informed and you know that one notori-
ous figure received a child through the Floj'^ds?
Attorney General Patterson. I am informed that one person re-
ceived a child from the Floyds, and he has quite a long criminal record.
He is rather a notorious individual who at the present time is a fugitive
from the State of Alabama, and he is wanted by the Alabama au-
thorities.
Mr. Mitler. Is this individual one of the most notorious hoodlums
and gangsters ?
Attorney General Patterson. He is probably the most notorious one
in our community and he has a long criminal record.
Mr. Mitler. At this time I want to introduce into evidence as ex-
hibit No. 4 the criminal record of this individual, Clarence O. Revel.
Chairman Kefauver. Let it be marked as an exhibit.
(The criminal record was marked "Exhibit No, 4," and is as fol-
lows:)
JUVENILE DELINQUENCY
13
Exhibit 4
United States Department of Justice
Fedeeal Bueeau of Investigation
washington 25, d. c.
J. Edgar Hoover, Director
The following FBI record, No. 134,988, is furnished for official use only :
Contributor of
fingerprints
Name and number
Arrested or
received
Charge
Disposition
St. Conv. Dept.,
Montgrmery, Ala.
Clarence Revels No.
Apr. 22,1924
GL
2 years.
11772.
PD, Miami, Fla
Carl Bruce No. 1908...
Nov. 11, 1927
Hijacker; stick-up
Given hours.
USM, Miami, Fla...
Clarence 0. Revel No.
Feb. 8, 1936
Immigrati-nlaws:
5 years Atlanta and
944.
smuggling
aliens.
$1,000 fine, with
costs.
SO, Miami, Fla
Clarence 0. Revel No.
F-i7430.
Feb. 10,1936
Alien-running
USM, Miami, Fla...
Clarence 0. Revels
Feb. 10,1936
Passing stolen
Bond set at $5,000, in
No. 955.
money order.
Dade County jail
awaiting trial.
USM, Miami, Fla—
Clarence 0. Revel No.
Feb. 20,1936
B. and E. post
Dade County jail de-
959.
office.
fault $2,500 brnd.
USM.Miami, Fla...
Clarence 0. Revel No.
Mar. 3,1936
Immigration laws:
Dade Cruuty jail de-
966.
consp.
fault $2,500 bond; 1
year 1 day, Atlanta
United States Peni-
tentiary rmi concurr.
with case 4816-M-cr.
USP, Atlanta, Ga...
Clarence 0. Revel No.
Apr. 26,1936
Consp. and vio.
5yrs; Oct. 2, 1939 disch
48292.
immigration
laws.
condl re rel Oct. 4,
1939.
PD, Miami, Fla
Clarence 0. Revel No.
Oct. 4, 1939
19697.
Vol Crim
Regist.
Alcohol Tax Unit,
Clarence Revel No.
Dec. 24,1943
VPL: trans and
Jan. 4, 1944 pleaded
Birmingham, Ala.
Ala. M-3856-State.
poss rf non-tax-
paid whiskey.
guUty; fined $500 and
c sts.
USM, Montgomery,
Clarence Olin Revel
Not given
VIRL (conspir-
Oct. 30, 1944 jury ver-
Ala.
No.-.
FP Oct. 10,
1944
acy).
dict, not guilty.
FuETHER Information '
Montgomery, Ala., 1917, burg. ; dism.
Columbus, Ga., 1919, A. T. ; 12 months, chain gang.
Columbus, Ga., 1919, inv. ; dism.
Columbus, Ga., 1920, G. L. ; dism.
Kilby Pr., Montgomery, Ala., 1921, G. L. ; 12 months.
Clarence Revel, Muscogee Co., Ga., abt. 1929, auto theft. Miami, Fla., 1932,
speeding ; $10 fine.
Clarence Revel, Miami, Fla., 1935, vio. immigration law ; 5 years in Federal
Penitentiary.
Wanted : As Clarence O. Revel, for burg, of Post Office, at Meansville, Ga.,
December 23, 1935, and the subsequent uttering and passing of money order forms
stolen therefrom.
Notify Post Office Dept., Atlanta, Ga., quoting case No. 105780-D, per inf. rec.
therefrom January 27, 1936. Notified by wire February 14, 1936.
Wanted: As Clarence O. Revel, for location desired (in conn, with robbery).
Notify PD, Albany, Ga., per inf. rec. therefrom September 3, 1940. No longer
wanted : As Clarence O. Revel, subj. not wanted, per inf. rec. PD, Albany, Ga.,
January 18, 1944.
Wanted : Clarence O. Revel, on charges of operating or setting up a lottery,
keeping gaming tables, violation prohibition laws. State of Alabama, and various
other charges, also for questioning murder. Notify Sheriff Phenix City, Ala. and
Military Sheriff of Russell County, Courthouse, Phenix City, Ala., per inf. rec.
therefrom September 8, 1954 and September 10, 3954.
* Notations are not based on fingerprints In FBI files. The notations are based on data
furnished this Bureau concerning Individuals of the same or similar names or aliases and
are listed only as Investigative leads
14
JUVENILE DELINQUENCY
Exhibit 4A
WANTED
(Photograph taken in 1951)
CLARENCE OLiN REVEL
alias: "Heatl" Revel, f.'larcnce O. Revels, "Carl Bruce"
DiSCRIPTiON
Age: 50. Born: Sepleniher 25, 1904, Cirard, Alabama. Height: 5' S". Weight: 160-165.
Build: Medium. Hair: Brown. E\es: Blue. Complexion: Ruddy. Race: White. Sex:
Male. Nationalit\: I'. S. Occupations: Cambler, chemist, baker. Scars and marks: Cut
scar lower right jaw and oblique cut center of forehead. Residence: Phcnix Citv, Ala-
bama. FBI Number 1.3 J 9SS.
Fingerprint Classification: 1 R ID
It ~9
CRIMINAL RECORD
1924 received at Kilby Prison, Montgomery, Alabama as No. 11772, under 2 year sentence for grand
larceny; November 11, 1927, arrested by Police Department, Miami, Florida, as "Carl Bruce," No.
1908, for hi-jacking and "given hours"; .\pril 26, 19.36, received at U. S. Penitentiary, .Atlanta, Geor-
gia, as No. 48292, under 5 year sentence for conspiracy and violation of immigration laws (smuggling
aliens); December 24, 1943, arrested by Alcohol Tax Unit, Birmingham, Alabama, for violation of
prohibition laws, pleaded guilty on January 4, 1944, and fined .$500 and costs. NOTE: In addition to
foregoing. Revel has been the subject of numerous other arrests and convictions. See FBI No. 134 988
for complete record.
CAUTION
Revel is believed to be armed and should be considered dangerous. He is sought by the
State of .\labama for investigation for violations of gambling and lottery laws.
If you have information regarding the whereabouts of this individual, please communicate with the
undersigned by telephone or telegraph.
M. LAMAR MURPHY
SHERIFF OF RUSSELL COUNTY
PHENIX CITY, ALABAMA
TELEPHONE: 8-6535 (OFF.)
October 15, 1954 8-8079 (RES.)
JUVENILE DELINQUENCY 15
Chairman Kefauver. What kind of crimes was he convicted of ? I
have his picture here. Is this it ?
Attorney General Patterson. Yes, sir ; that is it.
Chairman Kefauver. There seems to be a long record.
Attorney General Patterson. There is practically everything you
can think of.
Chairman Kefauver. Up and down the line.
Mr. Mitler. There are two sheets to the record ; is that correct ?
Attorney General Patterson. Yes, sir. There are entries for
hijacking, smuggling aliens, passing stolen money, violating the pro-
hibition laws, gambling laws, and so forth.
Mr. Mitler. The whole gamut of crime ?
Attorney General Patterson. Yes.
Mr. Mitler. At this time I would like to introduce into the record
as exhibit 5 the affidavit of Barbara Griggs, whose present name is
Barbara Schumacher.
Do you have a copy there ?
Chairman Kefaua^er. Is this an affidavit for public information, Mr.
Mitler?
Mr. Mitler. Yes, Senator.
Chairman Kefauver. Let it be exhibit 5, and it will be an open ex-
hibit. It can be reused.
(The exhibit referred to was marked "Exhibit 5," and is as follows :)
Exhibit 5
State of Georgia,
Muscogee County:
In person before the undersigned oflacer authorized to administer oaths in the
State of Georgia, comes now Barbara Schumacher, who being first duly sworn
to tell the truth, the whole truth and nothing but the truth, deposes as follows :
My name is Barbara Schumacher. I am married to F. J. Schumacher and
our permanent address and home is 529 Main Street, Ansonia, Conn. My husband
is temporarily in the United States merchant marine and I still reside in
Ansonia, Conn., with our children. I am on a visit to Columbus, Ga., at this
time and my temporary stay here was brought about by the flood damage
recently suffered in our home town and my present plans are to return to
Ansonia, Conn., as soon as I can after the birth of a child which I expect within
the next week or 10 days. My mother is Mrs. Dolly Allen, who resides at
803 First Avenue, Columbus, Ga., and I have a sister, Mrs. McFerrin, who resides
at 1700 Holland Avenue, Phenix City, Ala.
I have undergone extensive litigation in the Courts of Alabama, twice to
the Supreme Court on habeas corpus in order to obtain custody of a natural
child that was born to me in 1950. The last decision of the Supreme Court
of Alabama awarded the child to me, and Sheriff Lamar Murphy of Russell
County, Ala., executed the final writ, procured the child and restored it to me,
and it is now in my possession.
The circumstances surrounding this child's birth and my loss of its custody
I shall now relate.
In 1950 when I was 16 years of age and unmarried I became pregnant and
went to the office of our family physician. Dr. Seth Floyd, in Phenix City,
Ala., and underwent an examination, and at the time I engaged Dr. Floyd to
take care of me until and through childbirth. Mrs. Alice Floyd, his wife, was
there at his office and she knew the circumstances and knew that the child
would be born outside of lawful wedlock. Mrs. Alice Floyd made the suggestion
to me that she had someone who would like to adopt the child. The proposal
struck me as satisfactory and I so told Mrs. Floyd. She then arranged for me
to meet Mrs. Helen Stone, who lived on Clover Lane in Columbus, Ga., and
after meeting Mrs. Stone I was agreeable to letting Mrs. Stone adopt my baby
when it was born. I moved into the Stone residence about the end of October
or the first of November 1950, and proceeded to make my home there without
charge and without any payment for board and lodging. Mrs. Alice Floyd
16 JUVENILE DELINQUENCY
produced some papers relative to the agreement for the Stones to adopt my baby
and I think I signed them, but I did not read them and I do not know the
substance or contents, but generally I understood the papers provided for the
Stones to take my child when it be born. I stayed at the Stones about 1 month,
at which time I changed my mind about their adopting my baby, so I left the
Stones December 1, 1950, informing both Mrs. Floyd and the Stones that I had
changed my mind about letting them have my baby. I then went to my mother's
home where I took up my abode. I continued to go to Dr. Floyd as a patient
about once a month and I frequently saw Mrs. Alice Floyd who worked in her
husband's office.
My childbirth labor set in about 2 a. m. April 6, 1951, and my mother took me
to Cobb Memorial Hospital in Phenix City, Ala., where I was registered in
under the name of "Starnes," which was a false registration and of which I
had no knowledge until later. A few hours later, about 5 a. m. the same day
the baby was born. Thereafter, Mrs. Alice Floyd came b.v and at 3 : 30 p. m.
I was sent to my home in an ambulance but the baby did not accompany me.
I asked the nurse to let me see the baby but she did not, giving some excuse
which I do not recall. I had been under ether and I was very dizzy and very
sick even after I got home. I remember Mrs. Alice Floyd had some sort of
paper and presented it to me and I signed it, but I don't know what was in it. I
was in no condition to understand what was in it because of the effects of the
ether. I asked Mrs. Floyd where was my baby and she would not tell me. I
went home on a stretcher in an ambulance.
After getting home I asked my mother where my baby was and my mother
said she did not know. I asked an aunt, Mrs. Minnie McKay, to call Mrs.
Floyd and ascertain the whereabouts of my baby and my Aimt Minnie reported
that Mrs. Floyd told her that the baby had been taken out of town.
As soon as I was able to get up, I went to the law office of Mr. Albert Pat-
terson and engaged him to get possession of my baby and he took my case.
Leaving there, I went to the office of Dr. Floyd and asked him to give me the
birth certificate of my baby and he referred me to his wife, Mrs. Alice Floyd,
and when I went to Mrs. Alice Floyd I demanded to know where my baby was
and Mrs. Alice Floyd told me the child had been moved out of town and was
not accessible anywhere in Phenix City.
Later I found that the child had been turned over to Mr. Earsel Barnes and
his wife, Mrs. Anne Barnes, who reside at 302 20th Street, Phenix City, Ala.,
all as a result of prearrangement conducted by Mrs. Alice Floyd, and my liti-
gation was directed against Mr. and Mrs. Barnes as defendents for the recovery
of my child.
While in the hospital I did not pay any of the expenses, neither the hospital
bill or doctor's bill, but I do know they were paid by someone, and my belief is
Mr. and Mrs. Barnes paid them. I am told that the false registration of me in
Cobb Memorial Hospital on the morning of April 5, 1951 was by a fraudalent
scheme engineered by Mrs. Floyd, it being the plan for me to be registered as
Mrs. Anne Barnes, and the child to be quickly delivered to Mrs. Anne Barnes
who intended to retain it and hold it out as her natural child. I later learned
that Mrs. Floyd made known all these plans to my mother, and my mother is
the one who gave my name and she got mixed up and said "Starnes" instead
of "Barnes," so that is how I was registered under the name of "Starnes."
In the litigation for my child I was represented by Mr. Albert Patterson, and
the defendents by Attorney Brassell. Mrs. Alice Floyd appeared as a witness
in the case. Through some influence in the corrupt government of Phenix
City various acts of retaliation were committed against me and calculated to
make me abandon my case, and among these acts were my arrest and con-
finement in jail on very frivolous and unfounded charges.
I later learned that Mrs. Stone is the daughter of Mrs. Louise Malonoski, a
notorious resident of Phenix City, who is now serving a 4-year prison term in
Tutweiler Prison, Wetumpka, Ala., for practicing abortions. My information
is that Mrs. Malonoski and Mrs. Floyd are acquaintances and friends of long
standing, but beyond this information I have no knowledge of their relation.
In the final decision of my case, the Supreme Court of Alabama denounced
Mrs. Floyd and her conduct.
This aflBdavit is made for the sole purpose of its being used as evidence
before a committee of the United States Senate, known as the Kefauver com-
mittee in a hearing to be held in Miami, Fla., on or about November 14, 1955,
and the reason I give this aflBdavit instead of appearing in person is that on
JUVENILE DELn^QTJENCY 17
the day of its signature, November 10, 1955, I am momentarily expecting the
birth of a child and I am wholly unable to leave my home and of course it
w^ill be impossible for me to attend the hearing in person.
Barbara Schumacher.
Sworn to and subscribed before me this 10th day of November 1955.
[seal] • James I. Bloodworth,
Clerk, Superior Court, Muscogee County, Ga.
Mr. MiTLER. Attorney General Patterson, what is the legal status of
the child who is received into a home under the circumstances that the
Griggs child was placed with the adoptive parents ?
Attorney General Patterson. Of course, the adoption proceedings
of the Alabama law were never carried through. So, in the position
that this child was in, being in the hands of the foster parents, it would
have had no rights of inheritance, and would be considered to be
illegitimate. If later in life the foster parents would have died
leaving an estate, this child would receive nothing.
Chairman Kefauver. That is generally true of all of these children
that are victims of this type of procedure which we have discussed
that has happened in Phenix City ?
Attorney General Patterson. That is true. A child might go
through life thinking that he was the natural child of his foster
parents, and the public records would show that he was the natural
child of another parent. He might find it very difficult some day to
prove his true birth. Should the facts be reversed and he would like
to prove who his natural mother was, it would be very difficult for
him to do that. All kinds of legal problems could arise as a result of
this type of practice.
Mr. Mitler. In other words, there is no adoption ? That is really
a misnomer ?
Attorney General Patterson. There is no adoption. There is no
investigation by any welfare department or State agency to see if the
home is a good home that the child is being placed into, and it is a
falsification of State records.
Mr. Mitler. You have heard that later Dr. and Mrs. Floyd were
arrested and Alice Floyd did plead guilty to advertising for adoption
in your State ?
Attorney General Patterson. Yes; I am informed that that is
correct.
Chairman Kefauver. "Was she sentenced ?
Attorney General Patterson. Yes. I think the sentence was a fine,
if I am not mistaken. I believe that the charges were a violation of
the State adoption laws, which is a misdemeanor under Alabama law.
1 think that Mrs. Floyd was fined.
Mr. Mitler. In other words, under the statutes that was the maxi-
mum that could be done ?
Attorney General Patterson. Yes. That is correct. It is not con-
sidered to be a very serious crime — a violation of the adoption laws.
Chairman Kefauver. It ought to be a serious crime, ought it not?
Attorney General Patterson. I meant by that that the sentence is
not severe.
Mr. Mitler. Attorney General Patterson, as a result of the knowl-
edge you gained living in Phenix City in this case and what you
18 jm''ENILE DELINQUENCY
learned in the investigation, do you feel that there is any need for any
kind of a Federal law to combat the selling of children that take
place across State lines ?
Attorney General Patterson. Yes ; I do. In building our cases of
these illegal adoption practices we found it very difficult to get wit-
nesses because most of the witnesses — the mothers or the unwed
mothers — had moved to other States. Under the present laws it is
impossible to force a witness to come from another State to testify.
That is especially true under the Alabama law.
You have to get the cooperation of the witness. In most of these
cases the witnesses are reluctant to cooperate and come in and testify
against the guilty parties. That is one thing.
I feel that it should be made a Federal crime, so that if anyone
transports a child across a State line where there has been a violation
of adoption laws, I think it should be made a crime so that the Federal
courts can take jurisdiction, and then they would not have the wit-
ness problem that we have in State courts trying to enforce the
adoption laws.
Chairman KErAu\^R. This witness problem, did you have it in that
case? Did you have the problem where some of the witnesses were
over in Columbus and when you needed them in Phenix City you
could not get them back ?
Attorney General Patterson. That is correct. We had difficulty
in these Floyd cases, and Captain Peacock, I think, will be able to
explain that in more detail.
Mr. MiTLER. How old was Barbara Griggs at the time that her child
was placed out for adoption ?
Attorney General Patterson. I believe she was 16.
Mr. MiTLER. I have no further questions of Attorney General
Patterson.
Chairman Kefauver. My understanding of Barbara Griggs is that
she was a pretty decent kind of a girl and it was unfortunate; that
she did not deserve all of the oppression and persecution that they
tried to bring down on her to coerce her into abandoning her efforts
to get her child back; is that correct?
Attorney General Patterson. They were never able to prove that
she was unfit to have the child; no. It is my understanding from
knowing her and her reputation that her reputation is good.
Chairman Kefauver. Mr. Bobo, do you have any questions to ask ?
Mr. BoBO. No questions.
Chairman Kefauver. Attorney General Patterson, do you have
any other observations about any matter that this committee would
be interested in and which would be helpful to us ?
Attorney General Patterson. Senator, I have been concerned over
the last year with organized crimes in various aspects, not only illegal
adoptions. At this time I think that is about all that I have for the
committee.
Chairman Kefauver. I would be glad if while you are here you
would give us your general philosophy about what we can do in a
general sort of way, not limiting it to this particular subject matter,
in order to give our children a better chance to avoid pitfalls of some
of these more unfortunate people that you and I have been dealing
with for a long time. In other words, what generally do you think
about juvenile delinquency and what not? What can we do about
JUVENILE DELINQUENCY 19
it ? What can local people do about it ? It is largely a local problem.
How are you getting along with the problem in Alabama ?
Attorney General Patterson. In the past few months I have had
occasion to discuss this matter of juvenile delinquency with some of
our juvenile judges over the State of Alabama. I am informed from
these judges that juvenile delinquency is on the decline in the State of
Alabama, which I understand is not true over the country generally,
and we are very proud of that fact in our State.
It seems that in cities of organized crime you have more juvenile
delinquency. My experience
Chairman Kefauver. When a city has organized crime, they do not
have good schools, they do not pay much attention to schools, they do
not pay the preacher, they do not pay attention to the church, they
fall down all the way around and, naturally, they have juvenile de-
linquency ; is that not correct ?
Attorney General Patterson. I might point out that in Phenix City
our recreation program for children was in some instances run by
known hoodlums, and they took an active part in the management of
Little League baseball teams and things of that nature. No doubt,
that influenced the minds of those young people because, after all, the
people engaged in crime for a living in Phenix City were certainly
the most prosperous men financially in town and drove the biggest
cars and wore the finest clothes, and the cliildren, of course, looked
up to those people.
I might add that I think the basic trouble in a community of that
sort is the indifference and apathy of the people. If the majority of
the good people in the community will participate in the affairs of
their Government and concern themselves with what goes on down
at the city hall and the county courthouse and consider it a personal
and individual responsibilty, you would not have organized crime in
any community.
Chairman Kefauver. That is so true.
Mr. Kobertson, do you have anything that you would like to add ?
Mr. Robertson. No, sir.
Chairman Kefauver. Do you have anything you wish to add to
the discussion ?
Mr. Robertson. No, sir.
Chairman Kefauver. Attorney General Patterson, I want to thank
you for coming here. I am certain that your message will not only
be helpful in this area but helpful and an inspiration all over the
United States. I do not want to embarrass you, but I have had oc-
casion to follow your work since you have been the attorney general
of Alabama.
I think you are one of our most courageous and able and intelligent
young public officials in the whole country.
Attorney General Patterson. Thank you, sir.
Chairman Kefauver. I just want as one citizen to express apprecia-
tion for the public service that you and your father rendered. Thank
you very much.
Attorney General Patterson. Thank you, sir. It has been a pleas-
ure to be here with you.
Mr. Mitler. I would now like to call Captain Peacock.
(Whereupon, the witness was duly sworn.)
20 JUVENILE DELINQUENCY
TESTIMONY OF CAPT. RICHARD PEACOCK, ALABAMA NATIONAL
GUARD, BIRMINGHAM, ALA.
Chairman Kefauver. Proceed, Mr. IMitler.
Mr. MiTLER. Captain Peacock, by trade you are a newpaperman ;
is that right ?
Captain Peacock. Yes, sir.
Mr. MiTLER. And you are connected with what newspaper?
Captain Peacock. The Birmingham News.
Mr. MiTLER. Wliat is your association with the National Guard of
Alabama?
Captain Peacock. I am an infantry captain.
Mr. MiTLER. Wliere do you live. Captain Peacock ?
Captain Peacock. I live in Homewell, Ala., which is a suburb of
Birmingham.
Mr. MiTLER. Explain how you happened to go to Phenix City and
investigate the baby racket there.
Captain Peacock. At that time I had been an officer in the Alabama
National Guard for some time. I had served on active duty with
General Hanna, as his aide. At the time I was General Hanna's aide
I was assistant division commander of the 31st infantry division.
When the National Guard was sent to Phenix City in June of last
year. General Hanna was the adjutant general of the State. He called
the Birmingham News and asked them to give me a leave of absence
to go to Phenix City with him.
Mr. MiTLER. "WTien you got to Phenix City, did you have an assi^-
ment to investigate the baby brokerage racket as well as the abortion
racket ?
Captain Peacock. Yes, sir.
Mr. MiTLER. What was the source of your information ? I am
referring directly to the Russell County Betterment Association.
Captain Peacock. Well, we got a great deal of information from
members of the Russell Betterment Association and from people they
sent us to.
Mr. MiTLER. Initially, as a result of that information, how did you
find out that baby brokerage businesses were operating?
Captain Peacock. Well, of course, to begin with, the case that Mr.
Patterson has discussed was widely known. The members of the
Russell Betterment Association cited other cases in which they sus-
pected a similar procedure, and the so-called adoptions
Mr. MiTLER. As a result of that information, you developed a series
of cases ?
Captain Peacock. Yes.
Mr. MiTLER. As a result of those cases, Dr. Seth Floyd and his wife,
Alice Floyd, were arrested ; is that correct ?
Captain Peacock. Yes.
Mr. MiTLER. Attorney General Patterson had mentioned this, but
what was the outcome of that prosecution ?
Captain Peacock. Mrs. Floyd pled guilty to three cases with which
she was charged. She paid a fine in each case. The charges against
her husband were dismissed.
I might add that that was done after the National Guard had left
Phenix City.
JUVENILE DELINQUENCY 21
Mr. MiTLER. Did you have some tremendous handicap in conducting
this investi^'ation in connection with interviewing witnesses ?
Captain Peacock. That was the major problem, interviewing wit-
nesses. In each of the three cases that we decided to prosecute, the
foster parents lived outside of the State of Alabama. Two lived in
Georgia. One lived in Florida.
There were other witnesses also who lived outside of the State of
Alabama, and we had no power of subpena over them. In all cases
the foster parents refused each to see us. One foster father did send
us a letter, but we never interviewed him. The parents in the other
two cases refused to see us or contact us in any way.
Mr. MiTLER. In other words, the activity was an interstate one and
you were restricted to intrastate, within the State, investigation?
Captain Peacock. Yes, sir.
Mr. MiTLEE. Do vou have with vou the records of that investiga-
tion?
Captain Peacock. Yes, sir.
Mr. MiTi^ER. We are not going to mention the name of the adoptive
parents or the natural mother, but you have with you a card with a
code number ; is that correct ?
Captain Peacock. Yes.
Mr. MiTLER. We will refer to these cases by code number.
I direct your attention to card Phenix City No. 1-a.
Captain Peacock. Yes, sir.
Mr. MiTLER. Would you state in this case very briefly who placed
out the child and where the child went ?
Captain Peacock. The child was placed out by Mrs. Floyd and her
husband.
What was the other part of your question ?
Mr. MiTLER. Where did the child go ?
Captain Peacock. The child was placed with a family living in
Florida.
Mr. MiTLER. Do you have with you a statement taken by you from
the natural mother ?
Captain Peacock. Yes.
Mr. MiTLER. There is a paragraph there that relates to the manner
in which the birth certificate was made out. Would you read that
to the committee, please ?
Captain Peacock (reading) :
Before I left the Floyd office, Mrs. Floyd told me that when I went to the
hospital I would i-egister in the name of (foster mother's name which is on
file with the subcommittee).
Mr. MiTLER. Please leave that name out.
Captain Peacock. That would be the foster mother.
Mrs. Floyd gave me all the necessary details, includins: the foster father's
occupation. She aLso gave me the foster father's age and the foster mother's age.
Mr. MiTLER. Would you read the next paragraph. I think that is
very pertinent.
Captain Peacock (reading) :
When I arrived at Cobb Memorial Hospital that afternoon I was taken directly
to a room on the maternity floor. A girl from the registration desk of the hospital
brought up a registration card to my room. This girl filled out the card in the
name of the foster mother, and I signed it in the name of the foster mother.
22 JUVENILE DELINQUENCY
I was taken to the delivery room at 10 p. m., and the child was horn. Dr. Floyd
was in the delivery room when I arrived. The child was born about 10 : 35 p. m.
Mr. MiTLER. The birth certificate reflects the fact that the actual
mother was registered in the hospital, as she states, under the name
of the adoptive parents, and then it gives their address.
Captain Peacock. Yes, sir.
Mr. MiTLER. At this time I ask that the entire record, the statements
and the birth certificate, be introduced into the record. The following
exhibit illustrates the clangerous and irresponsible manner in which
Dr. Seth Floyd and his wife, Alice Floyd, induced the natural mother
to falsely impersonate the foster mother, who was to receive her child
at the hospital where the child was delivered. The purpose, of course,
was to make the birth certificate read as if the foster mother had
given birth to the child, thereby forestalling any customary investiga-
tion to protect the interests of the natural mother, the child and the
foster parents.
Chairman Kefaua^er. It will go in as Exhibit 6 to Captain Pea-
cock's testimony.
(The exhibits referred to were marked "Exhibits 6, 6a, 6b, 6c, and
6d" and are as follows. Fictitious names have been given to natural
and adopted parents.)
Exhibit 6
September 10, 1954.
State of Alabama,
Russell County:
My name is Mary Henderson. I live at Columbus, Ga. I am now married
to ? (name on file with the subcommittee). I am 24 years old.
I learned that Dr. and Mrs. Floyd would help me have my baby adopted from
Mrs. R. H. Robb, who lived on Ramsey Road in Phenix City. The Robb telephone
number is . Mrs. Robb is an agent for Independent Life Insurance Co.
of Columbus, Ga. She collected my insurance premiums at my home. In early
December 1953, Mrs. Robb came to my home and suggested that I give my
unborn child to hei*. Mrs. Robb said that her sister-in-law wanted it. I asked
Mrs. Robb if she wasn't kidding about my giving the child away. Mrs. Robb said
that she was not and that she suggested I should go see Dr. Seth J. Floyd in
Phenix City.
Approximately 1 week after this conversation with Mrs. Robb I visited the
oflSces of Dr. Floyd. Before going to the Floyd office, I telephoned. I talked to
Dr. Floyd. I told him that I wished to give the baby away and he told me that
he did not handle the matter but suggested that I talk to his wife. I left my
telephone number and a short while later Mrs. Floyd called me at my home.
I told Mrs. Floyd that I wished to give the baby away, and she instructed me
to come to the office immediately. Although it was raining and was Saturday
afternoon, I called a cab and went to the Floyd office on Broad Street in Phenix
City. I had to pay my own cab bill.
At the office both Dr. and Mrs. Floyd gave me a physical examination. I told
them both that I wished to give the child away. Both Dr. and Mrs. Floyd
knew my husband, Fred Henderson. Mrs. Floyd told me that my child would
be given to Mr. and Mrs. John Blanton of Tampa, Fla.
Mrs. Blanton, whose first name is Jane, is a sister of R. H. Robb.
Mrs. Robb had already told me that the Blantons would get my child. Mrs.
Robb told me this before I made my first visit to the Floyd office.
On the first visit that I made to the Floyd office, Mrs. Floyd told me that
I would receive free hospitalization and doctor care in exchange for the baby.
Mrs. Floyd also gave me two telephone numbers at which she or Dr. Floyd
could be reached if I needed them. On the next week I had to go to the hospital.
This visit to the hospital was occasioned by a respiratory ailment which almost
developed into pneumonia. I was taken to the city hospital in Columbus, Ga.,
where Dr. Floyd attended me. I stayed in the hospital two days and two nights.
JUVENILE DELINQUENCY 23
Mrs. Robb told me that my hospital bill would be paid. I left City Hospital
on a Saturday. No one had paid my hospital bill at that time. I had to go to
the office of the hospital administrator. His name is Fuller. Mr. Fuller had
me sign a statement which stated that the hospital bill would be paid by the
next Monday. Since I had no money at all, Mr. Fuller gave me taxicab money
to my home. When I arrived home, I telephoned Mrs. Floyd and told her that
the hospital bill had not been paid but that it must be paid by Monday. I learned
later that Mrs. Robb went to the hospital and paid the bill.
Whea 1 got home, my husband Fred, told me that he was not going to pay
any hospital or doctor bills for the birth of the child. This is what really
made up my mind to give my child away.
At that time Mr. Henderson and I were in the process of obtaining a divorce.
We had already filed and were awaiting for our final decree.
My respiratory illness reoccurred in early January 1954, and Dr. Floyd made
two trips to my home on North Andrews Circle to treat me. On Sunday night,
January 24, 19.54, I developed a backache. I telephoned Mrs. Floyd at her home
in Phenix City and told her of my ailment. Mrs. Floyd instructed me to take a
dose of paragoric. She said that if I did not improve to go to Cobb Memorial Hos-
pital in Phenix City. I did improve that night and did not go to the hospital.
After lunch on Monday, Mrs. Robb came to my home. Since my back was hurting
at that time, Mrs. Robb decided to take me to Dr. Floyd's office. At the office,
Mrs. Floya placed me in a bed and examined me. Mrs. lloyd told me that I
was going into labor but the process was slow. She said that she would give
me quinine capsules in oi-der to speed up the pain. I took four quinine capsules
from Mrs. Floyd. About 5 : 30 p. m., Monday, January 25, 1954, Mrs. Floyd drove
me in her automobile to Cobb Memorial Hospital in Phenix City.
Before I left the Floyd office, Mrs. Floyd told me that when I went to the
hospital, I would register in ihe name of Jane Blanton. Mrs. Floyd gave me all
the necessary details including Mr. John Blanton's occupation. She also gave
me Mr. Blanton's age and Mrs. Blanton's age.
When I arrived at Cobb Memorial Hospital that afternoon, I was taken directly
to a room on the maternity fl or. A girl from the registration desk of the
hospital brought up a registration card to my room. This girl filled out the
card in the name of Jane Blanton and I signed it "Jane Blanton." I was taken
to the delivery room about 10 p. m., and the child was born. Dr. Floyd was in
the delivery room when I arrived. The child was born about 10 : 35 p. m.
On the next morning, Mrs. Floyd came to my room. She brought a paper
with her. The paper was folded in such a manner that I could not read its
contents. Mrs. Floyd instructed me to sign the paper. I signed the paper
without reading it. I do not know what the paper said.
I returned to my home on January 26, the day after the birth of my child and
the same day on which I signed the paper at Mrs. Floyd's request.
I have never paid any hospital or doctor bills as a result of the birth of my
child. About live months ago, however, I did receive a statement from Dr. Floyd,
stating that I owed him some $30. I have not paid that bill, nor have I heard
anything further from him about it.
Before I left the hospital, a nurses' aid, whom I knew, brought my child to
my room. I saw the child. I had not wanted to see the baby, however. I have
never seen the child since.
When I left the hospital, I saw Mrs. Floyd standing by the elevator. She
told me that an ambulance was waiting to take me to my home and that the
ambulance bill had been taken care of.
My baby left the hospital the same time that I did. Mrs. Floyd carried my
baby to her automobile. When she got the child she gave the child to Virginia
Brown. Miss Brown was at that time living with me. Miss Brown now lives in
Fort Smith, Ark.
When the automobile reached the Sunny Lane Cafe, several blocks from the
hospital, Miss Brown laid the baby down on the front seat of the automobile and
got into the ambulance with me.
Mr. and Mrs. Blanton were in another car just behind the Floyd car.
Mrs. Floyd followed the ambulance in her car and Mr. and Mrs. Blanton
and Mrs. Robh had followed in Mr. Robb's automobile. Mrs. Floyd stopped in
front of the Floyd oflHce and gave the baby to the Blantons. I could see all
this from where I lay in the back of the ambulance.
24 JUVENILE DELINQUENCY
To the best of my knowledge, this statement is true and accurate. I make this
statement of my own free will and accord without any threats or offer of reward
or hope of reward having been made to me. I have read the above and it is true
and correct.
(Signed) Maby Hendebson.
"Witness :
Ellis F. Moss, Jr.
2dL Lieutenant, Supply Corps.
Witness :
RicHAED A. Peacock,
Captain, Infantry.
Exhibit 6A
State of Alabama, Septembeb 21, 1954.
Russell County:
My name is Esther Robb, Phenix City, Ala.
In July or August of 1953, I talked to Mrs. Alice Floyd about my chances of
obtaining a baby for adoption. I told Mrs. Floyd that I wanted a boy. Mrs.
Floyd told me that she could not make a definite promise. Mrs. Floyd also told
me that the child may be a boy or a girl. I said that if it was a girl, I knew a
fine couple who would love to have it.
Shortly before Christmas of 1953, Mary Henderson, also known as ,
told me that she was pregnant and intended to give her child away. At that time,
I was collecting insurance premiums from Mrs. Henderson, who was insured
by the Independent Life Insurance Company of Columbus, Ga., for whom I
am an agent.
In a conversation at her home, I told Mrs. Henderson that my sister-in-law
would like to have her baby. My sister-in-law, Mrs. John Blanton, who was
then residing in Orlando, Fla., had been trying for some time to obtain a child.
Mrs. Henderson told me that she did not want to see the people who got her
child. I told Mrs. Henderson that I would have my sister-in-law and her husband
contact her (Mrs. Henderson's) doctor. Mrs. Henderson had told me that her
doctor was Seth J. Floyd. I had overheard a conversation in a beauty shop,
prior to my visit to the Floyds, which led me to believe that the physician and
his wife would help people obtain children.
I wrote ]Mrs. Blanton and told her to come to Phenix City and talk to Mrs.
Floyd, if they still wanted a baby. During Thanksgiving week of 1953, the
Blantons came to Phenix City and Mrs. Blanton arranged an appointment with
Mrs. Floyd. I took Mr. and Mrs. Blanton to the P^loyd's office on Broad Street.
After I made the introductions, Mrs. Floyd and Mr. and Mrs. Blanton went into
a private office for further discussion. I remained in the waiting room. Mr. or
Mrs. Blanton told me that it might be a year or two before they got a child
from the Floyds.
It was after their visit here that I talked with Mrs. Henderson about her
unborn child and mentioned my sister-in-law and her husband to Mrs. Hender-
son. On one occasion, I took Mrs. Henderson to Dr. Floyd's office. I found
her ill at her home when I went there to collect an insurance premium. While
I was at Dr. Floyd's office, Mrs. Floyd discussed the Blantons' financial condition
with me and I told her that they were financially well off and fully capable of
supporting a child.
After the child's birth, in January of 1954, Mrs. Floyd telephoned me at my
home and said that the child which the Blantons were to get was here. Mrs.
Floyd asked me to telephone the Blantons and ask them to come to Phenix City
for the baby. The morning after the child's birth, Mrs. Floyd called me again
and asked me if I had contacted the Blantons and requested that I come to the
hospital about 4 o'clock that afternoon. Mrs. Floyd said that Mrs. Henderson
was anxious to get her hospital bill paid so she could go home. On my way to
the hospital that afternoon, Mr. and Mrs. Blanton stopped me. They were en
route to my home from Orlando. The Blantons got into my automobile and we
drove on to Cobb Memorial Hospital. At the hospital, Mr. Blanton and Mrs.
Floyd went to the office where, I presume, he paid the hospital bill. When he
came out of the office, Mr. Blanton said we were to follow Mrs. Floyd to the
Floyds' office. We did. At the office, the Blantons and Mrs. Floyd talked pri-
vately for some minutes. I did not overhear that conversation. I understood
that Mrs. Floyd had taken the child to the office herself. At the office the
Blantons received the child from Mrs. Floyd.
JUVENILE DELINQUENCY 25
In July of 1953, my husband and I visited the Blantons at their home in
Orlando. During the visit, Mr. Blanton told me that the child he obtained from
Mrs. Floyd cost him less than $200.
Mrs. Floyd has never contacted me about obtaining a boy for my husband
and I.
I have made the above statement of my own free will and accord, without
threats, reward, or promise of reward having been made to me. I have not
been told that it would be better for me to make a statement than not to. To
the best of my knowledge, the above statement is true and correct.
ESTHEB ROBB.
Witnesses :
RicHABD A. Peacock,
Capt., Inf., Ala. NG.
Eixis F. Moss, Jr.,
2d Lt., SigC, Ala. NG.
Exhibit 6b
State of Alabama — Contbact
This agreement made and entered into by and between Mrs. Mary Henderson,
since husband's whereabouts are unknown, parties of the first part and Mr. John
Blanton and Mrs. Jane Blanton parties of the second part.
Whereas, Mary Henderson and husband, whereabouts unknown, as fruit of said
marriage, a child was born to them on the Twenty-fifth day of January, Nineteen
hundred and Fifty-five (sic) at Phenix City, Alabama.
And, whereas, Mrs. Mary Henderson, the natural mother of said Ruth Ann
Henderson child and shall in no way interfere with any welfare or future life
of said child.
Maky Hendeeson,
Parties of the first part.
Mrs. Jane Blanton,
Mb. John Blanton,
Parties of the second part.
Witness :
Virginia Brown.
On this 29th day of January 1954 personally before us appeared Mrs. Mary
Henderson and Mr. & Mrs. John Blanton, to us known to be the persons described
in the above contract and who acknowledged that they executed the foregoing
instrument of their own free will and accord.
In witness whereof we have hereunto set our hand the day and year in this
certification written.
, Notary PuMic.
Receipt No. 593 from Seth J. Floyd, M. D., Stating : Phenix City, Ala., January
29, 1954, received from Mr. and Mrs. John Blanton the sum of One Hundred and
Seventeen Dollars and Twenty-five Cents ($117.25) for Ape. (In Full) (sic),
signed Shirley (Floyd).
Bill from Phenix City Memorial Hospital stating :
Name : Blaton, Jane Mrs. Age : 26. Street Address :
City: Phenix City, Ala. Phone: Room No. 211 Hosp. No. 22920
Rate : $6.00.
Bill to : Self. Mrs. Alice will see that this bill is paid.
Doctor : Floyd. Admitting Date : January 25, 1954 Hour : 6 : 00 PM.
V. Pad $0. 75
Drugs 4.30
Del Room 12. 50
Room & Nursery 8. 00
Lab 4.00
Anes 10.00
Ambulance 6. 00
Paid in full, January 26, 1954.
26
JUVENILE DELINQUENCY
Exhibit 6c
Exhibit 6d
Septemher 21, 1954
To Whom It May Concern:
Last November, Mrs. Alice Floyd contacted lis through Mrs. R. H. Robb and
informed us that she would have a baby for us to adopt in the near future.
We were asked to come to Phenix City to be interviewed by Mrs. Floyd. At
this time she explained to us that a married girl, who had been deserted by her
husband, would have a baby in few weeks and tliat she wished it to be adopted
out as she did not want the child.
JUVENILE DELENQUENCY 27
Mrs. Floyd told us that all we were required to pay was the hospital bill and
the doctor's bill.
We were told that this would be entirely legal, as the girl would sign a release
on the child.
January 25, 1954, we received a call saying the child was bom and for us to
come and lake her.
We arrived in Phenix City the next day and were presented with the baby
At this time we paid in full a hospital bill of $45.55 and a doctor bill of $117.25.
This'is the entire amount of money we paid for our baby.
Mrs. Floyd impressed me as being a fine sincere woman in her effort to see
that the baby had a good home. I know that if she so desired she could have
received a large sum of money for this or any other baby.
I swear that the sum of money mentioned, ($162.80 total) is all the money that
was given Mrs. Floyd.
If we can be of any further help in this matter please let us know.
Yours truly,
John Blanton.
State of Florida,
County of Orange:
Signed and sworn before me this 22d day of September 1954.
tsEAL] J A. Hellmax,
Notary Public, State of Florida at Large.
My commission expires September 7, 1957.
(To protect identity of the natural parents and adoptive parents,
the names appearing on exhibits 6, 6a. 6b, 6c, and 6d are fictitious.
Ihe true names are on file with the subcommittee.)
Mr. MiTLER. Captain Peacock, I know that you were handicapped
due to the limitations you have described in interviewing the pro.spec-
tive adoptive parents. Did you learn in the course of vour investiga-
tion how much was paid for the placement of these children ?
Captain Peacock. Yes. As I said, in one case, the case that we have
just discussed, this la [indicating code number on card], we did
get a letter from the foster father in which he listed an amount that
he said he paid.
Mr. ^IiTLER. But you were not able to validate that information?
Captain Peacock. Xo, sir.
Mr. MiTLER. What did he state in there?
Captain Peacock. The amount ?
Mr. :Mitler. I think he stated in the letter that he covered the
hospital expen.ses : is that correct ?
Captain Peacock. Yes. sir. I think he said it was the sum of
S117.2.5 for a doctor bill, $45..5.5 for a hospital bill.
Mr. MiTLER. Is it your experience in these types of cases that
unless you have the opportunity of speaking to the adoptive parents
and explaining that their security will not be destroyed that they do
withhold the amount of money passed ?
Captain Peacock. Yes.
Mr. MiTLER. Xow referring to case 6a, is that another case that you
investigated ?
Captain Peacock. Yes, sir.
Mr. MiTLER. Very briefly, in that case, the adoptive parents lived
where ?
Captain Peacock. They lived in Columbus, Ga.
Mr. MiTLER. In that case, is there a .statement about the manner in
which the girl would enter the ho.?pital ?
Captain Peacock. There is.
74718 — 56 3
28 JirVENILE DELINQUENCY
Mr. MiTLER, Just give us the highlights. Did she state it was
suggested that she enter the hospital under the name of the adoptive
parents ?
Captain Peacock. Mrs. Floyd suggested that she enter under the
name of the foster mother. The natural mother declined to do so,
and she entered the hospital under her own name.
Mr. MiTLER. Did she enter the hospital in Columbus, Ga. ?
Captain Peacock. No, sir ; in Phenix City.
Mr. MiTLER. The child was placed out in Columbus, Ga. ?
Captain Peacock. Yes. sir.
Mr. MiTLER. I ask that the entire statement in that case be intro-
duced into the record to establisli the manner in which Dr. Setli Floyd
and his wife, Alice Floyd, were circumventing all safeguards by
attempting to induce the natural mother to impersonate the foster
mother, who was to receive the child.
Chairman Kefauv^er. That will be done. It will be marked "Exhibit
7," and attached to Captain Peacock's testimony.
(The exhibit referred to was marked "Exhibit 7,'' and is as follows :)
Exhibit 7
September 10, 1954.
State of Alabama,
Russell County:
My name is Mary Lou Case. I live at Columbus, Ga. I am 33 years old.
On Ai)ril 1, 19.'>4, I gave birth to a baby boy, who was named Billy Case. When
I first discovered I was pregnant with this child, I decided it would be best for
me and the baby if it were adopted. I reached this decision because of my finan-
cial difficulties which I was having. I already had two children, and did not
feel like that I could afford a third. A short time before the birth of Billy,
I telephoned Mrs. Alice Floyd, wife of Dr. Seth J. Floyd of Phenix City, and
asked her if she knew of anyone who wanted a baby. Mrs. Floyd told me that
she knew someone who wanted a baby and instructed me to come to her office
in Phenix City immediately. Mrs. Floyd told me to get a cab to her office and
that she would pay the cabdriver when I arrived. I called the cab and rode
to the Floyd's office on Broad Street in Phenix City. Mrs. Floyd was waiting
for me. She paid the cabdriver for the ride from my home to the Floyd's office.
At that time I was residing at Columbus, Ga.
At the office Mrs. Floyd gave me a physical examination. Dr. Floyd's examina-
tion w\as confined to taking my blood pressure. While Dr. Floyd was taking my
blood pressure, I told him that I planned to give my baby away. I told him that
I was ashamed to do it, but that I felt there was no other alternative for me.
When he finished taking my blood pressure. Dr. Floyd told me to go to the office
and talk to Mrs. Floyd, his wife, about the adoption of my baby. Mrs. Flo.yd
told me that Mrs. Joseph Bradley would get my baby. Mrs. Floyd told me to
return to the office in 2 weeks for another physical, if I had not gone to the
hospital by that time. Mrs. Floyd also gave me the name of Mrs. Bradley. She
wrote the name on a slip of paper and told me that I would enter the hospital
under that name. I told Mrs. Floyd that I had rather go to the hospital under
my own name. Mrs. Floyd told me that she had talked to Dr. and Mrs. Bradley,
and that they also preferred that I enter the hospital imder my own name.
Mrs. Floyd told me that my doctor and hospital bills would be paid. She told
me that I would incur no expense in giving birth to the child which I was expect-
ing. Mrs. Floyd told me that I could see the baby after it was born if I wanted
to. I told her, however, that I did not want to see the child. Mrs. Floyd also
told me that I would receive medical attention for 6 weeks after the birth of the
child. This also was to be without charge to me.
The first visit which I made to the Floyd's office was on a Saturday. The
second visit which I made occurred early in the next week. It was probably
Monday or Tuesday. I can't remember the exact date. I made the second visit
to Dr. i'loyd's office because I had experienced what I thought were labor pains.
However, Dr. Floyd said that the pains were not genuine labor pains, and he
gave me something to ease them. On the following Sunday, I went to the Cobbs
JUVENILE DELINQUENCY 29
Memorial Hospital I tliouglit that the baby was due. However, the baby was
not born and I returned to my home Monday. When I got to the hospital, Mrs.
Floyd was already there. She registered.
The night I came home from the hospital, I went to the Floyd's home. I slept
there that night. I stayed at the Floyd home all Tuesday morning. I went with
Mrs. Floyd to the Floyd office on Broad Street about 1 :30 p. m., Tuesday. I
stayed at the office until about 5 :30 p. m. at which time I returned to my own
home in Columbus. I returned to my home in Columbus in a cab. Mrs. Floyd
paid the cab bill.
On the early evening of March 31, 1954, my water broke at my home. I tele-
phoned Dr. Floyd at the Cobb Memorial Hospital and told him what had hap-
pened. I called a cab and rode to the Floyd home in Phenix City. Mrs. Floyd
met me there and paid the cab bill. I remained at the Floyd home until sometime
Just prior to midnight. Dr. Floyd and Mrs. Floyd drove me in their automobile
to the Cobb Memorial Hospital. On the way to the hospital, Dr. Floyd kidded
with me and told me not to let my baby be "an April fool."
When we arrived at the hospital, I went directly to the maternity ward. Mrs.
Floyd registered me at the office. I never went to the registration desk. The
baby was not born that night. My labor pains finally disappeared, and I re-
mained in the hospital Wednesday night and until 1 :30 p. m. Thursday. At that
time. Dr. Floyd told me that I might as well go back home, that the baby was
not yet due. Dr. Floyd gave me some capsules which he said would ease any
false labor pains. I returned to my home in Columbus in a cab. Dr. Floyd paid
for the cab bill. About 5 p. m. Thursday, I again began having pains. I asked
my sister, Joan, to phone Mrs. Floyd. Joan reached Mrs. Floyd at the Floyd
home in Phenix City. Mrs. Floyd told Joan to send me to the Floyd home. I
was having labor pains so severely that the cab driver radioed ahead and asked
his office to provide a police escort for us. The police car met us on the Phenix
City side of the Dillingham Street Bridge and escorted us to the Floyd home.
When we arrived at the Floyd home, we discovered that neither of the Floyds
were there. Because of the severity of my labor pains, the police suggested
that we go on to the hospital. The police officers provided us an escort lor the
cab to Cobb Memorial Hospital.
When we arrived at the hospital, I was taken from the cab and placed in a
wheelchair. I was taken directly to the maternity floor. Dr. Floyd was already
there. I did not register when I entered the hospital.
Dr. Floyd examined me and told me that the baby was still not due. However,
he instructed that the nurse give me a shot, which I understood would either
ease me or bring on harder labor pains and the birth of the child. Dr. Floyd
told me that I would not go home but would go to his house. After I received
the shot, I went in a cab to the Floyd home. When I arrived at the Floyd home,
I was in severe pain. The pain was so severe that I could hardly walk from the
cab to the Floyd house. The shot which they had given me at the hospital had
made me thirsty. Mrs. Floyd was taking a bath so I went into the kitchen to get
myself a glass of water. The water made me sick. I went to the porch and
vomited. I thought to myself that the baby was going to be born right there on
the porch of the Floyd home.
I finally made it back into the living room. I was unable to sit down, but
propped myself in a semilying fashion on the couch. Mrs. Floyd came into the
living room and asked me to lie down so that she could examine me. I told her
that I did not know if I could lie down or not. I finally got myself into a position
so that Mrs. Floyd could make an examination. When she examined me, Mrs.
Floyd yelled for a maid. Mrs. Floyd said, "Oh, my God, Mary, don't give way to
the pain. Don't bear down on any of them." Mrs. Floyd instructed the maid to
call the hospital and tell them to meet us at the door with a stretcher. Mrs. Floyd
then brought the automobile out of the garage from around the side of the house
and placed me in it. We drove to the hopsital at a fast rate of speed. At the hos-
pital I was placed on a stretcher and immediately carried into the maternity ward.
I did not register. I presumed that Mrs. Floyd made the registration for me. I
was taken directly to the delivery room. Dr. Floyd was there. The baby was born
5 or 10 minutes after I reached the delivery room.
I never saw my baby.
I returned to my home on Saturday afternoon, following the birth of my child
on Thursday, Mrs. Floyd brought a paper to my hospital room and told me to sign
it. I did not read the paper and do not know what it said. But I did sign the
paper. A short time after I signed the paper, I left the hospital to go home. I was
30 JUVENILE DELINQUENCY
taken home in a Colonial Funeral ambulance . Bruce Moore was one of the ambu-
lance drivers. He knew me. Mr. Moore was in the back of the ambulance. He
had my baby wrapped up. I did not hold the baby nor did I see it. The ambu-
lance drove to the foot of the hill on which the Cobb Memorial Hospital is located.
The ambulance stopped near the Sunny Lane Cafe which faces 14th Street. At
that point, an automobile drove up beside the ambulance. Riding in the automo-
bile were Mrs. Alice Floyd and another woman, who I presumed to be Mrs. Brad-
ley. Mr. Moore got out of the ambulance with the baby. He walked to the back of
the ambulance and gave the baby to Mrs. Floyd. Mrs. Floyd and the baby got into
the automobile and the two women and the child drove away. The ambulance
then carried me to my home in Columbus.
I never paid for any hospitalization or medical attention which I received be-
cause of the birth of the child. I never received a bill either from the Cobb Memo-
rial Hospital or from Dr. or Mrs. Floyd.
I was unmarried when Billy was born. My husband was killed in Korean com-
bat in 1950.
The paper which I signed at the hospital at Mrs. Floyd's request was folded in
such a manner that I could have not possibly read its contents. The only thing
that was left visible to me was a place for my signature. I had no idea what the
paper said.
I have made this statement voluntarily without any threats having been made
by anyone or any rewards promised me or hope of rewards promised me for mak-
ing such a statement. I have not been told it would be better for me to make a
statement than not to make a statement. To the best of my knowledge, this state-
ment is true and correct.
(Signed) Maby Lou Case.
Witnesses :
Richard A. Peacock,
Captain, Infantrv, Alabama National Guard.
Ellis F. Moss, Jr.,
Second Lick tenant, Signal Corps, Alabama National Guard.
(To protect identity of the natural parents and adoptive parents,
the names a]3])earing on exhibit 7 are fictitious, except for the names
of Dr. Seth Floyd and his wife, Alice Floyd. The true names are on
file with the subcommittee.)
Mr. MiTLER. Turning to case A-a [referring to code number on
card] , Captain Peacock, without going into the details, was the pattern
followed in that case?
Captain Peacock. Yes. In this case the natural mother did regis-
ter in a Phenix City hospital in the name of the foster mother. She
was given the name of the foster mother by Mrs. Alice Floyd.
Mr. MiTLER. And the adoptive parents lived in Columbus, Ga. ?
Captain Peacock. Yes.
Mr. MiTLER. There is another case in which the natural mother
registered in the hospital in the name of the foster mother. Is that
correct ?
Captain Peacock. That would be 5-a.
Mr. MiTLER. Would you tell the committee what happened in that
case with particular respect to the automobile accident ?
Captain Peacock. Yes. The same pattern was followed in this last
case, 5-a, as in the others. In this case, the foster parents were killed
in an automobile accident a short while after the so-called adoption.
The infant child was not seriously hurt in the accident. However,
after the death of the foster parents an insurance company, which
held the policies on the foster parents, began an investigation.
They were not satisfied that this youngster was a legal heir. At
that time I went to Montgomery from Phenix City to investigate these
so-called adoptions, and this case was brought to my attention by the
welfare director, who told me that investigations or investigators had
JUVENILE DELLNTQUENCY 31
been to his office trying to establish whether or not the child was a
legal heir. ^ j- .r.
I do know that these investigations lasted for a couple of months.
I do not know whether the policy was ever paid.
Mr. MiTLER. In other words, the child^s rights of inheritance were
not formally established ?
Captain Peacock. They were seriously questioned by the insurance
company.
Mr. MiTLER. Do you know Mrs. Malanowski ? Do you know who
she is ?
Captain Peacock. Yes.
Mr. MiTLER. Were you the prosecutor
Captain Peacock. Not the prosecutor. I investigated it.
Mr. MiTLER. There has been testimony that the Griggs' child was
orio-inally going into the Malanowski family. Would you tell us briefly
about that. It is all right to discuss it because it has been discussed who
she was.
Captain Peacock. Malanowski ?
Mr. MiTLER. Yes. .
Captain Peacock. Louise Malanowski lived m the county adjoin-
ing Russell County, and Eussell County is where Phenix City is lo-
cated. She had a reputation for performing abortions. That infor-
mation was given to me by members of the Russell Betterment Associ-
ation. .
We investigated and worked up 6 or 7 cases— I forget now pst
how many there were. She went to court, and she pled guilty, I think,
to 5 cases, and she was sentenced for a total of about 4 years and some
$3,500 in fines, I believe.
Mr. MiTLER. Would you consider that to be a suitable environment
to pi ace a chil d in ?
Captain Peacock. No, sir.
Mr. MiTi.KR. Do you know Clarence Revel, whose criminal record
has been introduced and is one of those who have received a child
for adoption from Dr. Seth Floyd and his wife, Alice Floyd? Do
you know him by reputation as a result of your investigation?
Captain Peacock, Yes, sir.
Mr. MiTLER. Wlioishe?
Captain Peacock. This particular man you referred to was one of
our primary objectives after we began the administration of law en-
forcement in Phenix City. We know that he operated publicly the
biggest lottery house in the State of Alabama, and probably the big-
gest one the State of Alabama has ever seen.
Chairman Kefauver. Biggest what ?
Captain Peacock. Lottery house.
Mr. Milter. Proceed.
Captain Peacock. In addition to that, we are convinced that a
burglary, a safe-burglary ring, which operated in several States, in-
cluding Alabama, Georgia, and possibly Florida, operated from his
establishment.
We arrested one of his associates with what an experienced law-en-
forcement officer called the most beautiful set of burglary tools he had
ever seen.
32 JUVENILE DELINQUENCY
Mr. MiTLER. You would not consider his home to be a suitable place
to adopt a child ? And for the child to live ?
Captain Peacock. No.
Chairman Kefauver. Who placed the child in his home? Was it
Dr. and Mrs. Floyd?
Captain Peacock. Yes.
Mr. Mitler. Do you know of other places similar to this where chil-
dren were sent ?
Captain Peacock. Yes. I know of some others. We did not investi-
gate them seriously because they were outside of the statute of limita-
tions. The attorney general pointed out that we were operating under
a law which made this oifense a misdemeanor and also an offense with
a 12 month statute.
Mr. Mitler. There were other placements of that sort made with
adoptive parents which had this sort of a contact?
Captain Peacock. I understand that a very high ranking politician
in Phenix City in the county government, who was stripped of his
office after we took over, has one of those children.
Chairman Kefau%^r. AVas the general habit and substantial prac-
tice just to place kids for money or to place the children with some
known criminal without regard to what was going to happen to the
child?
Captain Peacock. Yes. There was concrete evidence of that. The
child and his welfare was not the question at all.
Chairman Kefauver. The major or important points were just how
much influence or how mucli monej^ the adoptive parents had?
Captain Peacock. I am of that opinion ; yes.
Mr. Mitler. As a result of that investigation. Captain Peacock,
would you give us your opinion with respect to the need for a Federal
law making it a crime to sell children across State lines?
Captain Peacock. As I said, the biggest problem we had was trying
to contact the foster parents to find out M'hat considerations they
gave in return for the child. Many of these parents refused to see
us. One couple who lived in Columbus sent one of our men to their
attorney. He, according to this investigator, laughed in his face.
"You can't touch us." He used those words.
He said, "We are in Georgia. You cannot touch us."
That was the biggest thing. We had no subpena power, no jurisdic-
tion over people living outside of the State. Yet, the child was
involved in an interstate transaction. He had left one State, went into
another State, and we could not prosecute. We had to operate under
our little place in Alabama to try to stop it as best we could.
Mr. Mitler. How many months did you put in on that ?
Captain Peacock. We worked on these 3 cases that I have men-
tioned here for a total of more than 4 months.
Mr. Mitler. And very diligently, I know that.
Captain Peacock. Thank you.
Mr. Mitler. I have no further questions. Captain Peacock.
Chairman Kefauver. Mr. Bobo ?
Mr. BoBO. Captain Peacock, you have investigated three cases there.
These children were placed into the hospitals and were born under
the name of the adoptive parents. There is no way in the world that
you could tell how extensive this traffic was. It was probably more
than
JU\'ENILE DELINQUENCY 33
Captain Peacock. I am convinced it was more extensive Mr. Bobo.
Mr. BoBO. It was impossible to track down many of these children ?
Captain Peacock. Yes. We spent, as I said, 4 months in trying to
get enough proof on 3 cases for a conviction.
Chairman Kefauver. Captain Peacock, of what did Mrs. Floyd
plead guilty ?
Captain Peacock. The expression of advertising is the way the
statute reads. Actually, the advertising she did was by word of mouth.
Chairman Kefauver. I mean, substantially, to what did she plead
guilty?
Captain Peacock. I can read you the warrant. I have the wordage
of the warrant. It was drawn up on the advice of one of our special
solicitors, and he used this statute.
Chairman Kefauver. If it is not long, read it. I would be inter-
ested in seeing what it says.
Captain Peacock. This is what it says. It says that —
Alice Floyd did unlawfully and without permission from the State Depart-
ment of Welfare of Alabama advertise that she would place the child for adoption
or place said child in a foster home, or did hold out inducements to the parent
or parents of said minor child to part with their offspring or did knowingly
become a party to the separation of said minor child from its parent without
the knowledge, consent or approval of a juvenile court or other court or agency
of like jurisdiction.
That is from title 27, section 5 of the Alabama Code of 1940.
Chairman Kefauver. Captain Peacock, apparently quite a number
of these children were placed outside of the State of Alabama. There
certainly are probably some very worthy couples who desired children
in Alabama ; is that correct ?
Captain Peacock. Yes, sir. That was always a question to us. In
most of the recent cases the children had left the State.
Chairman Kefauver. Could it be that these people who arrange
these adoptions would rather send them out of the State because it is
more difficult to make out a case against them ?
Captain Peacock. That most certainly occurred to us.
Chairman KErAU\'ER. That would be on accoimt of what you have
just mentioned?
Captain Peacock. Yes.
Chairman Kefauver. Lack of power of investigation, inability to
get witnesses ?
Captain Peacock. Sir, I might add that these children who were
placed in Phenix City, this racketeer that was mentioned, this high
political figure that I mentioned, those particular placements occurred
during the Phenix City, heyday, when nobody in Russell County
worried about violating the law if they belong to the right clan. In
these most rec«nt cases, when things were tightening up, the child was
sent outside of the State of Alabama. It occurred to us that it was
done because they knew it would be much more difficult to prosecute
and to prove up a case.
Chairman Kefauver. These three cases that you investigated, when
were those children born ? Was it shortly before the National Guard
came in?
Captain Peacock. Yes, sir. I believe I have all the dates here.
They all were born in mid-1954. One was born on January 25, 1954,
and the other
34 JUVENILE DELINQUENCY
Chairman Kefauver. The situation, then, in Phenix City was not
as bad at that time as it was earlier ?
Captain Peacock. It was still very, very bad, but certain things
had happened. For instance, Hugh Bentley's home had been dyna-
mited, and there was a farce of a cleanup made at that time. One or
two other incidents had occurred where some elfort was made to curb
a little gambling just as a show\ As far as controlling the ballot box
was concerned, also the political offices, that was still stronger than
it had ever been when we went into Phenix City.
Chairman Kefauver. In placing the children
Captain Peacock. Sir, if I might interrupt you there, I do not
think that the so-called adoption tightening or precautions that they
might have taken had anytliing to do with the fact that Phenix City
might have been better or worse. The State department of public wel-
fare had written Dr. Seth Floyd a number of letters in which they
warned him point blank that he is violating the law, and unless he
stopped they W'Ould prosecute. I have certified copies of those letters
now. I think perhaps those letters had frightened him to a certain
extent — not the fact that the so-called attempts to clean Phenix City
up had been made.
Chairman Kefauver. How long has Dr. Floyd been engaged in that
practice, this widespread practice ?
Captain Peacock. I am unable to answer that. Senator. Perhaps
it has been a long time. Apparently, it has been a long time. I had
a couple of children pointed out to me on the street in Phenix City
that he had placed. One of them was at least 6 3-ears old. I am cer-
tain of that. It had been placed when it was an infant.
Chairman Kefauver. In your examination did you find that they
get more money usually for placing children outside of the State
than they get for placing them inside the State?
Captain Peacock. I am unable to answer that. Senator, because we
do not know how much was given by these people out of the State.
We could not find that out.
Chairman KEFAU^'ER. That has been our experience. It has been
our experience that they will get more money usually when they take
the child outside of the State than they will inside of the State.
Mr. MiTLER. I would like at this time to introduce into the record
the letter iust referred to by Captain Peacock, which shows that Dr.
Seth J. Floyd and his wife, Alice FlOyd, persisted in the criminal
and reckless practices of inducing the natural mothers to falsely im-
personate the foster mothers when entering the hospital for delivery —
even after Dr. Seth J. Floyd had received a specific warning to desist
in such practices from the Department of Public Welfare of the State
of Alabama, dated April 21, 1954. Exhibit No. 9, introduced on
page 36 establishes that on May 4, 1954, Dr. Seth J. Floyd and his
wife, Alice Floyd, again, after the warning they had just received,
criminally arranged for an expectant natural mother to enter the Cobb
Memorial Hospital at Phenix City, Ala., impersonating the foster
mother for whom Dr. Seth J. Floyd and his wife, Alice Floyd, had
arranged for the placing of the natural mother's child.
Chairman Kefauver. Let it be marked as exhibit 8. It will be
a public exhibit. It bears the names of adoptive parents, so it will
have to be an executive exhibit. Did you supply it?
JITV^ENILE DELINQUENCY 35
Captain Peacock, Yes. I have it here.
(The exhibit referred to was marked "Exhibit 8" and reads as
follows:)
Exhibit 8
State of Alabama,
Department of Pubiic Welfabe,
Montgomery, Ala., April 21, 1954-
Dr. S. J. Floyd,
Cobb Memorial Hospital,
Phenix City, Ala.
My Dear Dr. Floyd : In our investigation of an adoption petition filed with
reference to the adoption of the child designated in the petition as Marie Ann
Lyons, several serious questions have been brought to light. According to the
adoption petition, Carl R. Lyons and Marian C. Lyons were listed as the deceased
parents of the child designated as Marie Ann Lyons.
In the process of our inquiry, we had reason to question whether Mr. and
Mrs. Carl R. Lyons were actually the parents of the child designated in the
adoption petition as Marie Ann Lyons. It was suggested to us that Louise
Harvey, now married and living in another State, is actually the natural mother
of the child designated in the adoption petition as Marie Ann Lyons. Inasmuch
as the former Louise Harvey is now residing out of the State, we requested an
authorized agency in the State in which the former Louise Harvey is residing-
to interview her. The natural mother was interviewed and according to informa-
tion received from the out-of-State agency, had no hesitation in indicating thai;
she is the natural mother of the child known as Marie Ann Lyons.
The agency to whom we referred to our inquiry in the State in which th(»
natural mother is now residing was asked to secure as much information as
possible concerning the birth and placement of the child whose birth was regis-
tered as Marie Ann Lyons. According to information received from the agenci'^
of whom we requested this service, the former Louise Harvey indicated that
she did not permanently reside in Russell County but during the short time
she lived in the community, she knew other girls who had been able to plan
for their babies in a manner similar to the plan pursued in the case of her own
baby. The former Louise Harvey indicated that when labor started on the
evening of February 24, 1953, she called you. The prospective foster mother,
Mrs. Carl R. Lyons, met her at the hospital. The prospective foster mother,
Mrs. Lyons, then registered herself as the patient, and gave background informa-
tion concerned with her own history. According to the natural mother, Mrs.
Lyons accompanied the natural mother to her room. The baby was born that
night and the birth was registered in the name of the prospective foster parents,
Mr. and Mrs. Carl R. Lyons. The natural mother was discharged the
following day.
According to the registration of birth, you are listed as the doctor who delivered
the baby designated and registered as Marie Ann Lyons with the delivery being
made at the Cobb Memorial Hospital. Alabama statutes provide very specifically
with reference to children who are in danger of being deprived of parental care
and support. We are particularly calling your attention to Section 7, Title 27,
Code of Alabama 1940, which provides as follows :
"It shall be unlawful for any person or persons, organizations, hospitals, or
associations which have not been licensed by the State Department of Public
Welfare to advertise that they will adopt children or place them in foster homes,
or hold out inducements to parents to part with their offspring, or in any manner
knowingly become a party to the separation of a child from its parent, parents
or guardian except through the commitment of a juvenile court or other court
of like jurisdiction."
We call your attention to this section of the statute because of any unauthorized
arrangement which may have gone on in the place of the child, designated in
the adoption petition as Marie Ann Lyons, in the home of Mr. and Mrs. Carl R.
Lyons. Because the child born at the Cobb Memorial Hospital was not referred
to the Russell County Department of Public Welfare as a child in danger of
being deprived of parental care and support, and because of the question with
reference to the registration of the child's birth, we are mailing a copy of this
letter to Dr. D. G. Gill, State Health Officer, State Department of Health.
We feel an obligation to call this matter specifically to your attention and
bespeak your future cooperation in referring any child in danger of being de-
36 JUVENILE DELINQUENCY
prived of parental care and support to an authorized child welfare agency.
We would likewise bespeak very urgently your cooperation in referring all
persons who are interested in adopting a child to an authorized child-placing
agency.
Sincerely yours,
(S) Bill Dobbough, Commissioner.
November 6, 1954.
This is to certify that to my knowledge this is a true copy of the letter dated
above.
Henby D. Luebeuill,
Director, Russell Connti/ Department of Public Welfare.
(To protect identity of the natural parents and adoptive parents,
the names appearing on Exhibit 8 are fictitious. The true names are
on file with the subcommittee. )
Chairman Kefau^t:r. Is there anything else by Captain Peacock?
Mr. MiTLER. In lieu of the ones that Captain Peacock has, which
are the official records, I will offer photostats so that they (;an retain
their official record.
Captain Peacock, I have the original here.
Chairman Kefauver. Look at these and see if this is a photostat of
the original.
Captain Peacock. Yes.
Mr. Mitler. I introduce into evidence another case developed by
Captain Peacock illustrating the manner in which the Floyd's ar-
ranged to have the natural mother enter the hospital under the name
of the foster mother.
Chairman Kefauver. Let those be Exhibit 9.
(The exhibits referred to were marked "Exhibit 9" and "Exhibit 9a,"
and read as follows :)
Exhibit 9
State of Alabama.
Russell County: Septembeb 20, 1954.
My name is Eleanor Loraine Ward. I reside on the other side of Columbus,
Georgia.
On May 4, 1954 a child was delivered at Cobb Memorial Hospital. The child
belonged to me. At the time I found that I was pregnant, I decided that the best
move that I could make would be to adopt the baby out to someone who would
watch it and take care of it because at the time that I became pregnant, my
husband was overseas. Before my husband went overseas, we were separated.
I was worried at the time and talked to some of my friends, and they suggested
that I have an abortion performed but I declined and decided through some in-
formation that I received, that I could adopt the baby out. I first learned that
I could adopt the baby through a woman whom I know as Betty. At the time
that I saw Betty, she was pregnant the same as I and she told me of certain
people in Phenix City, Ala. who would make arrangements to adopt a child
for me. While talking with Betty I found out that Dr. and Mrs. Seth Floyd who
lived in Phenix City and who had a doctor's oflSce there, could adopt a child
out for me. At that time, which was in March, I was approximately seven
months pregnant. Myself and the woman whom I know as Betty visited the
office of Dr. Seth Floyd. Wlien we arrived at Dr. Floyd's office, the woman whom
I knew as Betty went in first and I sat down in the office waiting for Mrs.
Floyd to call me in. After Mrs. Floyd was through with Betty she then called
me into the office at which time she took my blood pressure and weight. Before
going into the office I stated my case to Mrs. Floyd and told her that I was
in trouble. She talked to me about the child and said that she could arrange
to have the baby adopted out to other people and that it would be well taken
care of and if I decided to take the baby, I could do so. Before leaving the
Floyd's office, Mrs. Floyd explained to me that if I was getting along all right
JUVENILE DELINQUENCY 37'
in approximately two weeks for me to call and come back to see her. Ap-
proximately 2 weeks later, I returned to Mrs. and Dr. Floyd's office. At that time
when I went back for a second visit, Mrs. Floyd took my blood pressure and
weight and ask me a few questions such as if I had swollen feet. After seeing
Mrs. Floyd I returned to my home. Before leaving the office, Mrs. Floyd ex-
plained to me that I was to return in approximately a week's time for the
same procedure which was blood pressure and weight. After my first visit
to Dr. Floyd's office, the baby was not mentioned again as far as the adoption
of it was concerned. I made several visits to the Floyd office after that for
the same purpose which was blood test and weight test and in my ninth month
of pregnancy approximately a week and a half or 2 weeks before the baby
was due, Mrs. Floyd instructed me to call her every day or every other day
and let her know how my condition was and how I was getting along.
Mrs. Floyd instructed me after I started having labor pains to call her immedi-
ately and she would meet me at the hospital or if I didn't have any other way,
she would come and pick me up and take me to the hospital. On May 3, 1954,
approximately 11 p. m. my water broke and as I was instructed, I called Mrs.
Floyd. Mrs. Floyd instructed me to meet her at Cobb Memorial Hospital at
which time she would register me iu the hospital. I got into my automobile
and drove to the Cobb Memorial Hospital at which time I met Mrs. Floyd.
When I met Mrs. Floyd at the hospital she took me to the maternity ward and
told me that she would register me at the hospital under the name of a Mrs. Alice
Linden. This was the name of the people who were to have the child. Approxi-
mately 8 a. m. on May 4, 1954, the baby was born. I remained after the birth
of the child in the hospital approximately 4 days as the people there had trouble
finding the type of blood which I use. When I was discharged from the hospital
which was about May 8, 1954, I called a friend of mine who is in the Army,
stationed at Fort Beuning, Ga., whose name is Fred Johnson to come to the
hospital and drive me home. I was discharged from the hospital, got into the
automobile with the baby and left from there and went to Dr. Seth Floyd's office.
Upon arriving at Dr. Floyd's office, Mrs. Floyd came out of the office and met
me. I was still in the car. Mrs. Floyd took the baby and asked me if I was
sure I wanted to do it. I told her that I did. At that time I was crying and
she went back into the office and brought a paper out to the car which I did
not read, I signed, and I took to be the adoption papers. It was my release for
the baby to be adopted by Cpl. Philip Linden and liis wife, Corporal Linden being
stationed in Georgia.
I left Mrs. Floyd's office and returned home. Before I went to Floyd's office,
I was told by the woman, whom I know as Betty, which is Mrs. Betty Case, who
lives at Columbus, Ga. She instructed me, or rather told me, that no hospital
bills or any of the expenses for having the baby would I be responsible for and
that they would be taken care of by the people who was adopting my baby.
I do not know the residence of Cpl. Philip Linden and his wife except that
they live in Baker Village, Columbus, Ga.
I have never received a bill or notice of any kind from Dr. or Mrs. Seth Floyd
for the delivery of my baby. Neither have I received any hospital bill whatsoever.
As far as the adoption of my child was concerned, I have never been contacted
by any agent or anyone from the State Department of Public Welfare, either
from the State of Alabama or the State of Georgia.
I have made this statement voluntarily without any threats having been made
me by anyone or any reward promised me or hope of reward promised me for
making such a statement. I have not been told that it would be better for me
to make a statement than not to make a statement. To the best of my knowledge,
this statement is true and correct.
Mrs. Eleanor L. Ward
Witnesses :
Joe C. Cassady,
First Lieutenant.
Ellis F. Moss, Sr.,
Second Lientenat, Signal Corps.
38
JUVENILE DELINQUENCY
Exhibit 9a
COUNTY HEALTH DEPhWT^Mt
VERIFICATION OF BIRTH RECOED
? This k to startiir «l*«t tlwt® i» ia th#
Sex ^'. R8c« or Color '^^ ^ .
»at«-ol birth -^ ^. ^ ^
No!.- ;
<i'i jvvut bsrUi..
4
Date of filmg - S'- '^'' "^?' '
ALT 55 O^U-rS
yk i^
rt a* proof ;
a urn v*r!e.«ati«a c;a»a--cvs5
(To protect identity of the natural parents and adoptive parents, the
names appearini^- on exhibits 9 and 9a are fictitious. The true names
are on file with the subcommittee. )
Chairman KEFAU^'ER. Captan Peacock, how much time did you give
to this whole matter ?
Captain Peacock. I beg your pardon ?
Chairman Kekaits er. How much time as a member of the National
Guard or a captain in the National Guard did you spend in this Phenix
City thing?
Captain Peacock. I was there the entire time, sir — 6 months.
Chairman Kefau^t:r. That is certainly a great job that the Na-
tional Guard did in cleaning t lie city up. Are yoi still with the Bir-
mingham News, sir ?
Captain Peacock. Yes.
Chairman Kefauver. We wish to express our appreciation and we
wish you would express it to your editor for allowing you to come down
here.
JUVENILE DELINQUENCY 39
Captain Peacock. I certainly will. Thank you.
Chairman Kefauver. Thank you very much, Captain.
Mr. MiTLER. Will Dr. Floyd come around ?
(Whereupon, the witness was duly sworn.)
TESTIMONY OF DR. SETH J. FLOYD, PHYSICIAN, PHENIX CITY,,
ALA.; ACCOMPANIED BY COUNSEL, JAMES H. FORT, COLUMBUS,,
GA.
Mr. Fort. I would like to say something.
Chairman Kefauver. Mr. Fort, will you kindly identify yourself?
Mr. Fort. Senator, I am James H. Fort, from Columbus, Ga.
Chairman Kefauver. F-o-r-t ?
Mr. Fort. Yes, sir.
Chairman Kefauver. What is your address there ?
Mr. Fort. 14V2 11th Street, Columbus, Ga.
Chairman Kefauver. 11th Street, Columbus, Ga.
Mr. Fort. Yes, sir.
Chairman Kefau^ver. Y^ou are engaged in the general practice of
law?
Mr. Fort. Only in Georgia, yes.
Chairman Kefau\ter. Let the record show that Mr. Fort is here rep-
resenting Dr. Floyd. Mr. Mitler, you may take over.
Mr. Mitler. Y^our name, sir, is Dr. Setli Flovd ?
Dr. Floyd. SethJ.Floyd.
Mr. Mitler. What is your address, please ?
Dr. Floyd. My office address ?
Mr. Mitler. Yes.
Dr. Floyd. My office address is 1310 Broad Street, Phenix City,
Ala.
Mr. Mitler. Wliat is your occupation ?
Dr. Floyd. Physician.
Mr. Mitler. Dr. Floyd, would you like to make an introductory
statement about your background and about your status in the com-
munity first ?
Dr. Floyd. Well, my father was a physician
Mr. Mitler. Please talk louder, sir.
Dr. Floyd. My father was a physician aliead of me. He was also
a man that served as mayor of Phenix City. I think that was some-
thing around 20 years.
Chairman Kefauver. When was it that he was the mavor*'
Dr. Floyd. He was mayor back in the twenties, around the thirties.
It was up to twenty-something and into the thirties. I could not defi-
nitely state the dates.
Chairman Kefauver. All right, sir. Y^ou may continue on.
Dr. Floyd. I graduated from the Tulane Medical School in New
Orleans, La. I served an internshi]) in Charity Hospital in New
Orleans, La. I started to practice in Phenix City in 1926.
Mr. Mitler. Dr. Floyd, has your wife helped you and assisted you
in the course of your practice of medicine ?
Dr. Floyd. She has helped me in the office, yes.
Mr. Mitler. Did she interview the patients and sometimes inter-
view the unmarried mothers that came to your office?
40 JUVENILE DELINQUENCY
Dr. Floyd. She interviewed all obstetrical cases, taking a history
and the records.
Mr. MiTLER. You knew of many people in the community in Phenix
City, did you not ?
Dr. Floyd. Yes, sir. I lived there all my life.
Mr. MiTLER. Did you know Barbara Griggs?
Dr. Floyd. Only when she came into the office. That's when I
knew her.
Mr. MiTLER. You knew that she was Barbara Griggs?
Dr. Floyd. By what she told me in giving me her name. That is
the only way I knew.
Mr. MiTLER. In the case of Barbara Griggs, you delivered her child,
did you not ?
Dr. Floyd. I did.
Mr. MiTLER. And you signed the birth certificate?
Mr. MiTLER. Yes, sir.
Mr. MiTLER. I show you exhibit No. 3, and I ask you if this is the
birth certificate that you signed.
Chairman Kefauver. Apparently, it is a photostatic copy of some-
thing.
Dr. Floyd. Yes. That is a copy of the birth record.
Chairman Kefauver. It is a copy of exhibit 3 in the testimony of
Attorney General Patterson, and the doctor has identified it.
Mr. Mitler. You signed that birth certificate. Doctor, did you not?
Dr. Floyd. That is not my signature. That was my wife's signa-
ture. A great deal of the time she signed them when they went
down to the records room.
Mr. Mitler. That is your wife's signature ?
Dr. Floyd. That in itself is my wife's signature, which I authorized
her to do. She signed them in case I happened not to be present at
the time that they requested them to be signed at the hospital.
Chairman Kefau'st.r. Doctor, let me see if I get you straight about
this. I take it that under the Alabama statute that you as a physician
had a responsibility to sign something as a physician ?
Dr. Floyd. Yes, sir.
Chairman Kefauver. In this case and in other cases do you feel
that you were complying with the law by delegating that kind of
responsibility even to your wife ?
Dr. Floyd. I assumed the responsibility myself when I let her sign
those.
Chairman Kefauver. Do you consider that to l)e your act, even
though it is a name signed by your wife ?
Dr. Floyd. Yes, sir.
Chairman Kefauver. Go ahead.
Mr. Mitler. Did you know the people with whom the child was
placed ? They were local people, were they not ?
Dr. Floyd. If they were local people? Yes, they were.
Mr. Mitler. The man was a reputable local tradesman ?
Dr. Floyd. I been knowing him for years.
Mr. Mitler. So that looking at the birth certificate you would
know that that refers to somebody other than the natural mother?
Dr. Flotd. Yes, yes.
Mr. Mitler. It is your position that you never saw that birth
certificate ?
JUVENILE DELINQUENCY 41
Dr. Floyd. I could not say for sure about that now. I could not
say "yes" or "no" and tell you the truth.
Mr. MiTLER. Did you know that the child was going to go to an
adoptive couple?
Dr. Floyd. Did I what?
Mr. MiTLER. Did you know that the child was going to that couple ?
Dr. Floyd. I understood she was going to get the child as soon
as the one came in that offered itself to be given away, to be adopted,
but I did not know of this particular case, no.
Mr. MiTLEK. You and your wife are on the best of terms ?
Dr. Floyd. Yes. sir.
Mr. MiTLER. Did you discuss with her or did she discuss with you
this practice or this individual event of putting Barbara Griggs in
the hospital under the name of the people that were to get the child ?
Dr. Floyd. I did not know anything about that part of it, no.
Mr. MiTLER. You felt confident that she would do it in the proper
way?
Dr. Floyd. I felt that it would be done in the proper way, yes.
Chairman Kefauver. What do you mean by "proper way"?
Dr. Floyd. You see, I had never given a thought to the legal part
ofit. ^
Chairman Kefauver. It was your practice to place these mothers
in the hospital, let them register in the name of the to-be foster or
adoptive parents, and this followed your general and usual practice,
is that correct ?
Dr. Floyd. I did not consider it any of my business what name they
registered under, as long as I did not have anything to do with it.
Chairman Kefauver. Unless you did not have anything to do with
what?
Dr. Floyd. The registration when they went into the hospital.
Chairman Kefauver. How about your wife ?
Dr. Floyd. If she told them as the affidavits suggested, I was not
aware of the fact. That would be if the affidavits are true. I was not
aware of it if the affidavits are true.
Chairman Ivefauver. All right, Mr. Mitler.
Mr. Mitler. You say that you were not aware of this condition, of
this practice, if it happened ?
Dr. Floyd. I knew that the babies were beins: adopted, certainly.
Mr. Mitler. They were not being adopted, Dr. Floyd.
Dr. Floyd. Well, they were being let out, then. It would be what-
ever term would fit the situation.
Mr. Mitler. You knew that that child would never have the right
to inherit, did you not ?
Dr. Floyd. I did not at that time.
Mr. Mitler. You understand that now, do you not ?
Dr. Floyd. Yes, sir.
Mr. Mitler. Is it not a fact that you received this letter, which is
one of the exhibits, from the Department of Welfare ?
Chairman Kefauver. What is the date of it ?
Mr. Mitler. Itis April 21, 1954.
Dr. Floyd. I received two communications from them. However,
I will not complain about this
Chairman Kefauver. Talking about communications, there were
communications that warned you that you were violating the law,
42 JUVENILE DELINQUENCY
that these children were not being adopted and they had no rights of
inheritance ; that this was a violation of the law ; that they were going
to bring prosecution if you persisted in the violations [indicating
letter in exhibit 8 dated April 21, 1954] . Is that true ?
Dr. Floyd, Yes, sir. What I
Chairman Kefauver. You did continue the violations?
Dr. Floyd. No, sir, I did not. What I wanted to explain was the
second letter I got was in reference to a case that had occurred previ-
ous to the one I had communications about. That's what I wanted
to explain.
Mr. MiTLER. I refer you to another exhibit. I am going to give
you a card, as well as the exhibit, so that you know about which case
we are talking.
Doctor, does that refresh your memory ?
Dr. Floyd. I think that was one of the cases in which the charges
were made. Is that not true ?
Mr. Mitler. I am sorry. I did not understand you. Doctor.
Dr. Floyd. I say is this one of the cases, one of the three cases that
was
Mr. Mitler. I believe so.
Dr. Floyd. Yes, I remember the
Mr. Mitler. Doctor, certainly you know the people that you placed
children with. You would not place them with absolute strangers.
Dr. Floyd. The name of the party is-
Mr. Mitler. We do not want to mention the name.
Dr. Floyd. I know the natural mother.
Mr. Mitler. Did you know the adoptive parents?
Di\ Floyd. As far as I know, I never met them. I never talked
with them in my life.
Mr. Mitler. Do you mean to say that you permitted a child to go
into a home about which you knew nothing?
Dr. Floyd. I did not have anything to do with the placing. I ex-
plained that to you. I did not have a thing in the world to do with
the placing of any of the children.
Mr. Mitler. Who did?
Dr. Floyd. I do not know. My wife is supposed to have. She dis-
cussed 1, 2, or 3 cases with me where she might try to help some friends
of ours get children placed, but as far as these people, I honestly do
not know.
Chairman Ivefauver. There is one sad thing about this. Doctor.
Your name appears all over the place here, yet you do not even know
the foster parents. It seems to me odd that you try to escape re-
sponsibility by putting the burden off on your wife. However, it is
your responsibility.
Dr. Floyd. That is the hard part of it for me. I do not want to
place any responsibility on her. I swore to tell the truth. As far as
I recall, I do not recall the name of this ])arty.
Chairman KEFAinER. How do you think a child is going to have a
fair break if you do not even know with whom you are placing the
child?
Dr. Floyd. That I couldn't say. I couldn't say that it would or it
wouldn't.
Chairman Kefauver. Human decency requires that there be some
investigation of the foster home before a child is placed to see whether
JUVENILE DELINQUENCY 43
the home is suitable, to see whether the cliild fits into the home. Do
you know that to be true 'I
Dr. Floyd. I did not at the time these adoptions were made out, no.
Chairman Kefauver. Proceed, Mr. Mitler.
Mr. BoBO. I have some questions.
Chairman Kefauver. Proceed.
Mr. BoBO. Doctor, who would ask you to be the doctor in these
cases for the mother ?
Dr. Floyd. Well, most of the time they would come in. The natural
mother would come into the office and generally they had some hard
luck story about the husband dying or being overseas or being im-
married. Those are the three different complaints, and they did not
see how they would be able to keep the child without breaking the
home, and that they would want to adopt it out. Invariably, in those
cases, I told the natural mother, I said, '"I do not have anything to
do with adoptions."
I told them, "You will have to see the welfare — either to give it to
the welfare or else you will have to consult an attorney, because I have
nothing to do with any adoptions." I have had many requests from
people to try to get them children.
Mr. BoBO. But you would take this person and you would treat them
up until the time that the child was born, and after they would come
into your office and then you would go to the hospital and deliver the
child?
Dr. Floyd. That is correct.
Mr. BoBO. When you went to the hospital to deliver the child, for
whom would you ask ?
Dr. Floyd, The way we handled it up there in the delivery room,
they generally call the doctor just at about the time, unless something
went wrong, at about the time they were ready to deliver. We would
get into the delivery room just about the time that the case would come
off. In one case I remember distinctly that I got there a few minutes
ahead of time, and I asked this girl how she felt. At that time I called
her name, and the nurse prompted me and said a different name from
that.
Mr. BoBO. In every case, when you went into the operating room you
never had any contact with the hospital and you never told them to
bring in Mrs. Jones or Mrs. Smith or you would never say, "I want
to reserve the delivery room for a certain party" ?
Dr. Floyd. Well, I have called them, yes, to tell them that so and
so was coming in, and lots of times they just go straight on in by in-
structions from the office there at home. If I am not at home, they
cannot contact me at night, or if they cannot contact me at the office,
they are told to go on in and give their name and then give the doctor's
name so they can contact me.
Mr. BoBO. Who would pay you for the services rendered?
Dr. Floyd. Do you mean in these adoption cases ?
Mr. BoBO. Yes, sir.
Dr. Floyd. Well, if you want to know the truth, I only collected, as
far as I know, for about three cases. All the others were friends of
mine, and also friends of my wife, and we did not even charge fees.
I can prove that.
74718—56 4
44 JUVENILE DELINQUENCY
Mr. MiTLER. Doctor, when you were called to the hospital some
nurse or admitting clerk would call you up ; is that correct ?
Dr. Floyd. Call at home or at the office, wherever I should happen
to be.
Mr. MiTLER. They would tell you that a certain party was about to
deliver ?
Dr. Floyd. Yes, sir.
Mr. MiTLER. Would not they get that information from the ad-
mitting card as to the name of the patient, who was the patient that
was about the deliver ?
Dr. Floyd. It would come from the office, the way the patient went
in and gave their name.
Mr. MiTLER. In other words, the name under which the person went
into the hospital would be the name that would be uttered to you over
the telephone ?
Dr. Floyd. That is right.
Mr. MiTLER. So that if these girls went into the hospital under the
name of the adoptive couple, the nurse would say, "Dr. Floyd, Mrs.
X is about to deliver" ?
Dr. Floyd. Yes, sir.
Mr. MiTLER. If you took care of these patients — take for example
Barbara Griggs (present name Barbara Schumacher) — during the
prenatal time, and you knew the adoptive couple, would you not know,
then, that the girl went into the hospital under the name of the
adoptive couple ?
Dr. Floyd. I would be supposed to, and in 1 or 2 cases, yes, that
I did know.
Mr. MiTLER. You mean you did know they were entering the hos-
pital under the name of the adoptive couple ?
Dr. Floyd. Yes, in two cases.
Mr. MiTLER. Why did you not do something about correcting that
condition so that the people could have security for the child and
have an adoption decree ?
Dr. Floyd. I did not know at that time that they did not have
security. I was not aware of it.
Mr. iVIiTLER. Did you not know that at the end of the hospital stay
the adoptive mother would say that this was her natural child ?
Dr. Floyd. I never gave it thought.
Mr. MiTLER. Dr. Floyd, we are not going to mention the name here
for the sake of the child, but I am going to refer you to this criminal
record, and ask you if you know this man [referring to exhibit 4 on
p. 133?
Dr. Floyd. Yes, sir ; I do.
Mr. MiTLER. Did you deliver the child that was placed with him ?
Dr. Floyd. I did.
Mr. MiTLER. And did your wife assist in this matter ?
Dr. Floyd. I understand that she helped in the case — helped this
party in the case.
Mr. MiTLER. You see those two pages containing the criminal record
of Clarence Revel, do you not?
Dr. Floyd. Yes, sir.
Mr. MiTLER. Would you say they are recommendations of good char-
acter and good qualifications to be an adoptive parent?
JUVENILE DELINQUENCY 45
Dr. Floyd. No, sir, I would not.
Mr. MiTLER. You knew this man over a long period of time, did you
not?
Dr. Floyd. I knew him just wiien I would see him. I did not know
about all this past record at the time that he received that child. I
did not know that. All that came up since that time.
Mr, MiTLER. Do you mean it was an absolutely startling revelation
to you that he had any kind of a criminal record ?
Dr. Floyd. I knew that he was supposed to be mixed up with
gambling. I knew that — and lottery,
Mr. MiTLER, You knew that in both Columbus, Ga,, and in your own
community there were many fine couples who were asking for children
and who were unable to get them ?
Dr. Floyd. Yes, sir,
Mr, MiTLER, How can you justify, from the point of view of the
child, that since there were so many couples waiting for children, put-
ting the child into the home of the most notorious hoodlum in Phenix
City?
Dr, Floyd, Well, I will tell you why, I knew the circumstances that
the child was going to be in if the natural mother kept it, and I knew
that the foster parents would be able to give it all the advantages in
the world, I never thought about the inheritance part of it,
Mr, IMiTLER. I agree with you. You state that the mother was un-
able to keep the child. However, are there not many other people who
could have accepted that child who were waiting in line in agencies
in Georgia as well as in your own State who would have taken that
child?
Dr, Floyd, Yes ; I know they have waiting lists,
Mr. MiTLER. But you singled out this man and gave the child into
that home ?
Chairman Kefauver. That is clear. We know that. Do you have
-anything else ?
Mr. MiTLER. I have no further questions.
Chairman Kefauver. Mr. Bobo?
Mr. BoBO. No questions.
Chairman Kefauver, Are you a city official up there, Dr. Floyd ?
Dr. Floyd. Commissioner.
Chairman Kefauver. How many years do you serve there?
Dr, Floyd. Three.
Chairman Kefauver. For how long have you been a commissioner ?
Dr. Floyd. I was appointed — let me see — going on the third year.
Chairman Kefauver, You are appointed by whom?
Dr. Floyd. I was appointed at the death of the previous mayor,
Mayor Harris.
Chairman Kefauver. You have been in since 1952 ?
Dr. Floyd. 1953. I have been in 2 years, and I served about 2
months before I was elected to regular 3-year term. I am on my
third year now.
Chairman Kefauver. When where you elected ?
Dr. Floyd. In 1953.
Chairman Kefauver, When was it that the National Guard came
in?
Dr. Floyd. 1954.
46 JUVENILE DELINQUENCY
Chairman Kefauver. Dr. Floyd, what was it to which your wife>
pled guilty ?
Dr. Floyd. To helping people obtain
Chairman Kefauver. That was actually what you were doing.
Why did you let her take the rap ?
Dr. Floyd. I did not. I told her that I was not going to plead to
anything, and that I had not abetted it, and I was going to fight the
case. It was not an indictment by the grand jury. It was just personal
charges against me by investigators. I told my wife that I would
fight it, and she pled guilty to signing that statement and paid the
fines. In my case, it was dismissed.
Chairman Kefauver. There were 3 cases, and you handled all 3
of those cases, and your wife
Dr. Floyd. I delivered them.
Chairman Kefauver. She pled guilty to them, and you got the
cases dismissed against you ?
Dr. Floyd. I was going to stand trial. I was not going to plead
guilty when I had not done anything that I considered myself to be
guilty of. The charge was advertising babies for sale. That was
the charge.
Mr. Mitler. Do you think anything happened in these cases that
was dangerous or adverse to the welfare of these children as of this
moment ?
Dr. Floyd. I did not.
Mr. Mitler. Do you thing anything was done by you and your wife
now that was dangerous to the children ?
Dr. Floyd. Well, the way things turned out, it could be; yes —
after the investigation and cleanup.
Chairman Kefauver. Thank you very much, Dr. Floyd. Is there
anything else that you want to say ?
Dr. Floyd. Not a thing. Senator.
Chairman KEFAU^^ER. Thank you, Mr. Fort.
Mr. Fort. Senator, could we be excused from the hearing or are we
to remain here?
Chairman Kefaua'er. Are there any other matters coming up about
Dr. Floyd?
Mr. Milter. Mrs. Floyd was subpenaed. Do you have any informa-
tion as to whther she will appear or not ?
Dr. Floyd. She was not able to appear. I have some affidavits from
two doctors that are attending her which I brought along.
Chairman Kefau\"er. Let us see the affidavits, Dr. Floyd. Sit down
for a minute. We will see them. Subpenas were served upon your
wife to appear here, and she has not appeared.
Dr. Floyd. Yes ; she was served.
Chairman Kefauver. What is the matter with your wife?
Dr. Floyd. She had a severe attack about 2 months ago, and at that
time she was carried to the hospital in an emergency. Dr. Mims saw
her at that time, and he thought she had had a heart attack. It later
turned out that she has a severe case of gallstones and she almost had
a nervous breakdown.
Chairman Kefauver. We will let these three letters be made a part of
the record. I cannot read some of these big words, but it looks like she
is pretty sick.
JUVENILE DELINQUENCY 47
Dr. Floyd. She has not been able to do any work or anything for
the past 6 weeks.
Chairman Kefauver. I do not know what she could add to it. I
think you have pretty well told us what she did anyway, Dr. Floyd.
"We are just here to listen, and it has not been a pretty picture of all
this.
Dr. Floyd. My trouble was that I did not want to do anything to
hurt her.
Chairman Kefauver. You let her plead guilty for something you
did. That is the way it looks to me.
Dr. Floyd. Well, she did that of her own accord.
Chairman Kefauver. All right, Dr. Floyd. Thank you very much.
I do not think that you need to stay. We have no more witnesses from
Phenix City, Mr. Fort.
Mr. Fort. Thank you. Senator.
Chairman Kefauver. Who is your next witness, Mr. Mitler ?
Mr. Mitler. Mary Grice.
(Whereupon, the witness was duly sworn.)
TESTIMONY OP MARY GRICE, REPORTER POR THE WICHITA
(KANS.) BEACON
Chairman Kefauver. Mr. Mitler, will you proceed with Miss Grice?
Mr. Mitler. What is your name, please ?
Miss Grice. Mary Grice.
Mr. Mitler. Is that Miss Grice ?
Miss Grice. Yes ; miss.
Mr. Mitler. What is your home city ? Where do you live ?
Miss Grice. Wichita, Kans.
Mr. Mitler. What is your occupation ?
Miss Grice. Newspaper reporter for the Wichita Beacon.
Chairman Kefauver. Wlio is the editor of the paper?
Miss Grice. Mr. Lavalle is the publisher. The editor is Mr. Walter.
Chairman Kefauver. For how long have you been a reporter ?
Miss Grice. About four years and a half.
Chairman Kefauver. Four and a half years?
Miss Grice. Yes.
Mr. Mitler, Miss Grice, as a reporter on the Wichita Beacon, did
you conduct a full-scale investigation into the baby-brokerage busi-
ness in Kansas and in the surrounding States?
Miss Grice. Yes, sir.
Mr. Mitler. What brought this problem to your attention first ?
Miss Grice. It was public knowledge that a group of attorneys
were selling babies to the highest bidders, you might say.
Mr. Mitler. And what was the method of operation that you learned
of before you initiated your investigation ?
Miss Grice. The attorneys would place ads.
Chairman Kefauver. Please speak louder.
Miss Grice. The attorneys would place advertisements in the per-
sonal columns of the newspapers reading to the effect that a young
Christian couple who want to adopt a child, assume all expenses.
Mr. Mitler. As a result of the information that you got and your
knowledge of these ads, did you assume the role of an unmarried
mother who needed assistance?
48 JUVENILE DELINQUENCY
MissGRiCE. Yes, I did.
Chairman Kefauver. Let us see about these ads. Wliat kind of
ads were they ? Let us see some of them. Were they placed in the
Wichita Beacon ?
Miss Grice. Yes. We discontinued running the ads when we broke
the series and the stories on July 31. It is something we were not
proud of. We were not proud of the fact that Ave were running them.
We did not know what they were.
Mr. MiTLER. Miss Grice, those are photostats of some of the ads?
Miss Grice. Yes ; that is right.
Mr. MiTLER. Would you read to us the highlights of some of these
advertisements ? Pick out 3 or 4, and give us an idea of what they
sound like.
Miss Grice (reading) :
Adoption : Young childless couple wishes to adopt baby at birth. Willing to
assume all expenses and provide seclusion if necessary. Replies confidential.
Write Post Office Box 901, Wichita, Kans.
Mr. MiTLER. Give us another one, please.
Miss Grice (reading) :
Young people wish to adopt baby at birth. Will pay doctor and hospital bills.
Replies confidential. Post Office Box 32, Newton. Kans.
Young people. Wish to adopt baby at birth. Assume expenses. Replies con-
fidential. Eagle Box 241-F.
Chairman Kefauat.r. Let us get those in as public exhibits to Miss
Grice's testimony and have them marked "Exhibit 10."
(The exhibits referred to were marked "Exhibit 10" and appear
on pages 49 and 50.)
Mr. MiTLER. Those ads create the impression that an adoptive couple
themselves placed the ads ?
Miss Grice. Yes; they do. A letter comes back from a law firm
stating in a very noncommittal manner that they represent the couple.
The girl goes to the attorney's office, and in the course of the conver-
sation it is disclosed that the attorney placed the ad.
Mr. Mitler. To help us understand how you went about your
investigation, will you tell just exactly what happened in one case
when you visited the person who had the largest volume.
Chairman Kefauver. Just one minute. I think. Miss Grice, unless
the names have been made public in Kansas or unless there is some
official record of the names, we should hold them back. We want
to protect innocent people. I do not know that some of these people
have been notified so that they would have a chance to come here.
I think you should only use the names that have been used before.
You may use the letters "X" " Y," and "Z."
Miss Grice. The names have not been used publicly. However,
the bar association has a list of them, the medical association, the State
board of health, the attorney general, the county attorney, the Gov-
ernor, they all have the lists.
Chairman Kefauver. The bar association and the various public
agencies who have them, if they do not do something about it — and
I imagine they will do something about it in the future. If this com-
mittee is continued, we will come back out to Kansas and ask you to
testify again. At that time we will give them a chance to be tliere, and
we will bring those names out at that time.
Miss Grice. I see.
juvp:nile delinquency
49
Exhibit 10
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JUVENILE DELINQUENCY
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JUVENILE DELINQUENCY 51
Mr. MiTLER. Without mentioning the names, will you describe your
first visit to an attorney whose initials are L. H. ?
Miss Grice. Yes. I went to this attorney's office. He was very
quick. He would run about four girls through in half an hour. It
was a mass-production thing. He would waste no time. He would
find homes for them, and then send them on to a doctor. He made the
statement that he averages at least 35 adoptions a year.
Chairman Kjefauver. At least how many ?
Miss Grice. Thirty-five.
Mr. MiTLER. Is he the individual who would place these advertise-
ments that you have read to us in the newspapers ?
Miss Grice. Yes. He would run the one with post-office box 901.
Mr. MiTLER. And that advertisment appeared continuously in the
newspaper ?
Miss Grict:. Ye^.
Mr. MiTLER. Did you learn sometime later that it was not an indi-
vidual adoptive couple but it was he who had placed the ad ?
Miss Grice. Yes. I queried him with regard to whether he talked
to the prospective parents. He said, "No. I have about 40 couples
on my waiting list," and his words were to the effect that he did
not know who would get the child.
Chairman Kefauver. Did he not know which one he would place the
child with ?
Miss Grice. No ; he had not decided.
Chairman Kefauver. By the way, when did you do this. Miss Grice ?
When did you start this ?
Miss Grice. I began about the middle of June.
Mr. MiTLER. Of this year ?
Miss Grice. 1955.
Chairman Kefauver. That is a very important investigation. How
old are you ?
Miss Grice. Twenty-eight.
Mr. MiTLER. By the way, I believe there was a gentleman who did
some pioneering before in this matter that was connected with your
paper.
Miss Grice. Yes. That man is Ernie Warden. He is now with a
Senator from our State.
Mr, MitleR. He did a lot of spadework in connection wath this
several years back ?
Miss Grice. Yes, in 1952.
Mr. MiTLER. You were able to share the benefit of the information
that he had gathered ?
Miss Grice. Yes, that is right. One of the women involved in the
current baby racket in Wichita was delivering in 1952 when Ernie
wrote his stories.
Mr. MiTLER. To return to the visit to Attorney L. H., have you
learned about how much he received for these children ?
Miss Grice. No. I know that about the midpart of the pregnancy
he has made the statement that his clients have invested four or five
hundred dollars in the girl.
Mr, MiTLER. Did he make a recommendation where you should go
to live during the prenatal period ?
Miss Grice. Yes,
52 JUVENILE DELINQUENCY
Mr. MiTLER. What was the recommendation?
Miss Grice. He found an apartment for me. He has maternity
homes scattered through Wichita, and he found a vacancy in one of
them where I would live with another prejjnant ^irl.
Mr. MiTLER. That was the pattern with respect to all these few
Wichita attorney whom you did visit ?
Miss GrRiCE. Yes. The pattern was identical.
Mr. MiTLER. Did you make a visit to another attorney like this whose
initials are W. W. ?
Miss Grice. Yes, the same day that I went to the previous attorney
that we mentioned.
Mr. ]\Iitler. Was the conversation that you had with him about
the same as the conversation that you had with the attorney whose
initials are L. H. ?
Miss Grice. Yes, it was essentially the same. He made the state-
ment that the parents would come to the hospital for the child and
everythino: in the whole plan was the same.
Chairman Kefau\'er. What kind of a name were you to register in
when you went to the hospital ?
Miss Grice. He did not tell me then, but he told me that the adopt-
ing parents' name would go on the birth certificate just as though the
motlier bore the child.
Chairman Kefau\t3R. Then you would have to register in the name
of the foster parents or the adoptive parents ?
Miss Grice. Yes. However, he did not make that statement.
Chairman Kefau\'t:r. I mean, it would naturally follow\
Miss Grice. Yes.
Chairman Kefauver. If it was to be on the birth certificate, it would
follow.
Miss Grice. Yes.
Mr. INIiTLER. In connection with the second visit, did this attorney
refer you to a place to live or take you to a place to live ?
Miss Grice. Yes. He referred me to a flophouse in the Wichita
slum district.
Chairman Kefauver. A what?
Miss Grice. A flophouse in the slum district.
Mr. INIiTLER. Til at is where he wanted you to be cared for during
the Drenatal period ?
Miss Grice. Yes.
Mr. MiTLER. Just to make it clear, each case there, in every one,
you said that you were an unmarried mother who needed help and
service ; is that correct ?
Miss Grice. That is right.
Mr. MiTLER. Did you get an indication of the volume of activity
of the second attorney, W. W. ?
Miss Grice. No. I knew it was large from his conversation, but
I do not believe tliat it was as large at L. H.'s business.
Mr. MiTLER. Did vou make a visit to a third attorney whose initials
areW.C?
Miss Grice. Yes.
Mr. MiTLER. That was L. C. I am sorry.
Miss Grice. L. C, yes.
Mr. Mitler. Did that visit follow the same pattern ?
JUVENILE DELINQUENCY 53
Miss Grice. I wish to make a correction of my last statement. I
did not visit L. C. Another reporter visited him, but I have affidavits
regarding his activities.
Mr. iNliTLER. We have mentioned the initials of a few attorneys.
Do you know how many lawyers there are in Wichita and in that area ?
Miss Grice. Yes. There are about 400 in the city of Wichita.
Mr. MiTLER. So that the group of attorneys who are engaged in
this activity is a small percentage ; is that right ?
Miss Grice. Yes.
Chairman Kefauver. About how many ?
Miss Grice. There are about 15 engaged in it and about 4 or 5 large
operators.
Mr. Mitler. Therefore, their activities do not reflect the attitude
of the Wichita bar in any way ?
Miss Grice. No, sir.
Mr, Mitler. However, do you have a statement under oath in which
one of the attorneys claimed that the Wichita bar and the medical
association approved of this ?
Miss Grice. Yes, I do.
Mr. Mitler. Would you just tell us what it was.
Miss Grice. Do you want the name of the thing? He says that it
is pat ad that they have in their office, and then further down it says
that the ad has been accepted by the welfare authorities, or they have
knowledge of it. He says that the bar association has knowledge of
it and it has been approved.
Mr. Mitler. That is only his individual statement ; is that correct ?
Miss (trice. Yes, sir.
Mr. Mitler. And it does not reflect the attitude of the Medical
Association, or the Bar Association in Wichita ?
Miss Grice. No.
Mr. Mitler. In the course of your investigation, did you learn of
one incident where there was a bargain made in connection with
fixing a car ?
Miss Grice. Yes.
Mr. Mitler. Could you tell us what that bargain was ?
Miss Grice. Yes. A 7-year-old girl was to be surrendered to the
attorney, and in turn the attorney would repair the motor on a man's
car.
Mr. Mitler. In other words, the fixing of a car was in exchange
for a child ?
Miss Grice. Yes.
Chairman Kefauver. I did not understand that. Tell us that again.
Miss Grice. The girl was to be given to the attorney, who would
adopt her out, and his remuneration to the natural parents of the girl
was fixing the motor on the car.
Chairman Kefauver. Do you mean that he was going to fix the
motor on her car ?
Miss (trice. On the actual father's car, on the child's father's car.
He had it taken to an automobile dealer.
Mr. Mitler. In other words, the father of the child, the natural
father, was going to give up his child to the attorney, and then the
attorney was going to fix the natural father's car in return?
Miss Grice. That is right.
Mr. JNIriLER. Fortunately, that placement was not consummated?
54 JUVENILE DELINQUENCY
Miss Grice. Yes. That one was stopped.
Mr. MiTLER, In the course of your investigation did you find out
whether some of the children or many of the children were being
placed outside of the State of Kansas ?
Miss Grice. Several are being placed outside of the State of Kansas,
and we also know from Ernie Warden's stories that the lady he wrote
about has a very large interstate business.
Mr. MiTLER. With reference to one woman who is in this activity — I
am not talking about the one who is the abortionist but the one whose
initial would be T — do you know whether her name has been in the
public print at any time in connection with this activity?
Miss Grice. No. It has not.
Chairman Kefauver. Refer to her as Mrs. T, and if her name is
not brought out and something done about it, we will bring it out
when we come up to Kansas.
Mr. MiTLER. When did you learn about Mrs. T's connection with
the adoption business?
Miss Grice. Well, in 1952 her business was just starting. She kept
the girls in the basement of her home. She had them on a cot
Chairman Kefauver. She kept them where ?
Miss Grice. In the basement of a home. She would have them on
cots for prospective adoptive parents. These prospective adoptive
parents would come in, and she would take them downstairs, and she
would point to the girls and say, "Point out the girl that you want to
be the mother of your child." It was very
Mr. MiTLER. In other words, the mothers of the children were
lying on the cots?
Miss Grice. Yes.
Mr. MiTLER. Before birth ?
Miss Grice. Yes, and she would come in and point to them and
tell them to point which one they would want to be the mother of
their child.
Chairman Kefauver. Who would actually take them down to the
basement ?
Miss Grice. The prospective parents would be taken down by
Mrs. T.
Chairman Kefaus^r. Do you mean it was a real basement like we
think of, a dark sort of a place? Is that about what you are talking?
Miss Grice. It was the basement of her home.
Chairman Kefauver. How many girls would she have in there ?
Miss Grice. She would have — she would average about seven at a
time.
Chairman Kefauver. She would have them on cots and she would
bring the adoptive parents there and let them point out to which one
they want ?
Miss Grice. As a matter of fact, she was making some deliveries
herself in the basement there.
Chairman Kefauver. Making what ?
Miss Grice. Deliveries.
Chairman Kefauver. In the same room ?
Miss Grice. Yes.
Chairman Kefauver. For how long has this sort of a thing been
going on with this lady ?
JUVENILE DELINQUENCY 55
Miss Grice. To my knowledge, she has been in business since 1951.
I have a letter from Dr. Jeffrey Martin, who is the director of the
board of health. It says that her activities are illegal in Kansas un-
less she gets a license from the State board of health, and she never
has acc[uired one.
Chairman Kefauver. Do you mean she is operating illegally and
nothing has been done about it ?
Miss Grice. Yes.
Mr. Mitler. As a result of your investigation, did you learn of the
presence of a large number of cars with out-of-State license plates
drawing up to this home ?
Miss Grice. Eight.
Mr. Mitler. That was in connection with adoption matters ?
Miss Grice. Yes.
Mr. Mitler. Did you also learn of a link between this woman and a
convicted abortionist ?
Miss Grice. Yes.
Mr. Mitler. This convicted abortionist's name has appeared in pub-
lic print and you can state what the name is.
Miss Grice. It is a woman. Her name is Grace Schauner,
S-c-h-a-u-n-e-r.
Chairman Ivefauver. Is that Mrs. or Miss ?
Miss Grice. Mrs.
Chairman Kefauver.. Where does she live, and then give her
?address.
Miss Grice. She lived in Wichita. She is now serving time in the
Woman's Penitentiary at Ivansing, Kans.
Mr. Mitler. She was convicted of what charge, please ?
Miss Grice. Abortion.
Mr. Mitler. What was the link or the connection between Grace
Schauner and Mrs. T ?
Miss Grice. Well, when the girl would go to Grace Schauner, if she
did not want to abort, she would refer them to Mrs. T, who would care
for them and sell their infants after birth.
Mr. Mitler. In the course of your investigation, did you learn of a
case in which a child was flown to the State of Florida ?
Miss Grice. Yes.
Mr. Mitler. Would you tell us, without mentioning the name of
the doctor, your knowledge of that case.
Miss Grice. Well, the people in Miami, Fla., paid $5,000 for the
baby, and the doctor personally flew the baby down here.
Mr. Mitler. Did you learn how much was paid in that case?
Miss Grice. $5,000.
Chairman Kefauver. $5,000 paid to whom ?
Miss Grice. The doctor.
Chairman Kefauver. In Wichita?
Miss Grice. Yes. He is deceased now.
Chairman Kefauver. How was the arrangement made? Was it
through him ?
Miss Grice. Yes.
Chairman Kefauver. Go ahead, Mr. Mitler. Bring out more details
about the case, if you can.
Mr. Mitler. Would you tell us, as fully as you know, the details
of that case ?
56 JUVENILE DELINQUENCY
Miss Grice. I do not know any details other than that.
Mr. MiTLER. Did you learn that the child went to an entertainer
or performer down here? Is this a matter that Ernie Warden de-
veloped ?
Miss Grice. Yes, it is.
Mr. MiTLER. As a matter of fact, his aspect of the investigation
centered around Grace Schauner and the responsibility of exposing
her abortion and baby-selling activities was what Ernie Warden was
responsible for ?
Miss Grice. Yes.
Mr. MiTLER. Wichita is located in what county ?
Miss Grice. Sedgwick County.
Mr. MiTLER. As a result of your investigation, did you learn how
many of these kinds of adoptions were made each year in Sedgwick
County ?
Miss Grice. Between 150 and 164.
Mr. MiTLER. What steps have been taken since you printed this
exposure in the Wichita Beacon ?
Miss Grice. The legislative council is going to set a proposed tight-
ening of the adoption statutes.
Mr. MiTLER. And what action has been taken by the department of
health?
Miss Grice. The department of health now has prosecution built
up against at least one of the attorneys and several of the maternity-
home operators.
Mr. MiTLER. In other words, those matters are pending right now ?
Miss Grice. Yes.
Mr. MiTLER. How long ago was it that you printed your stories ?
Miss Grice. July 31.
Chairman Kefatj\^er. Of this year ?
Miss Grice. Yes.
Mr. MiTLER. In other words, no affirmative prosecution has been
initiated as yet ?
Miss Grice. No, sir.
Mr. MiTLER. Is there a statute available in the State of Kansas to
cover these situations ?
Miss Grice. The only statute available in a maternity-home statute.
Mr. MiTLER. And do you know what the status of the case is right
now in Kansas ? In whose hands would this repose ?
Miss Grice. Well, the county attorney stated that it would be up
to the State because they did not have sufficient evidence for prosecu-
tion, and the State has said there is evidence for prosecution, so it is
sort of in midair.
Mr. MiTLER. Miss Grice, did you see an article written by Pearl
Buck?
Miss Grice. Yes.
Mr. MiTLER. Do you have a memory of what it said with respect to
adoptions ?
Miss Grice. She referred to a gray market and I believe she inferred
they were absolutely within the law — that was in Sedgwick County.
Mr. MiTLER. I did not hear the last part of your answer.
Miss Grice. I believe she inferred that the adoptions were slightly
within the law.
JUVENILE DELINQUENCY 57
Mr. MiTLER. It turns out that they are slightly outside of the law :
is that right ?
Miss Grice. That is right.
Mr. MiTLER. Did you learn in Kansas of a case, a very tragic case,
in which a couple received a child through independent sources and
where after several months it turned out to be a very shocking experi-
ence?
Miss Grice. Yes.
Mr. MiTLER. Would you tell us briefly about that, please.
Miss Grice. A Kansas doctor placed a child with a white family
in October, and after 6 months, the child turned out to be colored.
Mr. MiTLER, And that caused a considerable tragedy ?
Miss Grice. Yes, it did.
Mr. MiTLER. You talked somewhat about the other side of adop-
tions in Kansas and in those States. Tell us something about the
agency services in that area.
Chairman Kefauver. Before you get to that, what is the Bar Asso-
ciation of Kansas doing about these 4 or 5 big operators and these
15 altogether who are in this racket?
Miss Grice. Well, I understand that they are planning to repri-
mand them.
Mr. MiTLER. Reprimanding them?
Miss Grice. Yes.
Chairman Kefauver, Is that
Miss Grice. They made a statement last week that they could find
where none of them has charged any excessive fees.
Cyhairman Kefauver. How much do they usually get, do you think ?
Miss Grice. It ranges from $800 to $1,500.
Chairman Kefauver, That is the fee, and then the expenses are
above that?
Miss Grice, No, The expenses are out of that. All they paid out
of that sum would be the total of $250 for hospital and doctor bills.
It would never be any more than $250,
Chairman Kefauver. Is it not a violation of the law to have a
natural mother go in and give the wrong name in the hospital, and
would not the person who was responsible for that be violating
the law?
Miss Grice, Yes, if that could be proven. All we have is this at-
torney's statement that that is the way that he operates in his cases.
Other attorneys would wait in the hospital until the girl is barely
out of anesthetic, and they would have her sign surrender papers,
which in many cases are blanks.
Chairman Kefauver, Is there not any law requiring a person to
secure a license to run a placement agency?
Miss Grice, It is quite weak.
Chairman Kefauver. But there is a law?
Miss Grice. They say that a child-placement agency has to be
licensed by the State.
Chairman Kefauver. Do these attorneys take out a license?
Miss Grice, No,
Chairman Kefauver, Do you know of any legal work in connection
with the placing of a mother in the hospital? That is not the kind
of work that a lawyer is supposed to do, is it?
58 JUVENILE DELINQUENCY
Miss Grice. No, but two of the lawyers in this seem to have been
placinfT mothers in hospitals and
Chairman Kefauver. Is it not a crime to sell children in Kansas?
Miss Grice. I do not believe it would be considered so.
Chairman Kefau^^er. I think this is good work that you are doing.
I think that you had better get after the Kansas Legislature, Miss
Grice.
Miss Grice. They are making a study.
Chairman Kefauvtsr. They are making a study ?
Miss Grice. Yes.
Chairman Kefauver. Miss Grice, I do not know if this committee
is going to be continued or not. I hope it will be. We are going to
certainly keep a close lookout as to what happens in Kansas. We
will be anxious to see what is done by the bar association. We may
be out to Wichita, Kans., some time in the future on a further
hearing.
Miss Grice. That would be fine.
Chairman Kefauvt:r. It is undoubtedly one of the rottenest setups
in the United States.
Miss Grice. We feel that it is ; yes.
Chairman Ivefauver. Is there anything else that you want to add,
Miss Grice ?
Miss Grice. I believe we have covered the situation as much as we
can.
Mr. MiTLER. I have no further questions. Thank you.
Chairman Kefauver. Do j^ou have any questions, Mr, Bobo?
Mr. Bobo. No questions.
Chairman Kefauver. I want to compliment you upon rendering a
great public service. That is the kind of thing that local people can
do, that an intelligent press can do to expose a rotten condition that
is adversely affecting the whole community, and it certainly might
tragically affect the foster mothers and the children where there is
no consideration as to the suitability of the adoptive home for the par-
ticular child taken into account. You liave done an outstanding job
in getting the facts about this and exposing it.
I want to have you thank your newspaper for allowing j^ou to come
here to testify. I am sure that they feel this is an important message
that others would want to know. I wish that you would thank your
publisher for me.
Miss Grice. Thank you. We were glad to come down here.
Chairman Kefauver. We certainly appreciate your cooperation. I
know that you are going to keep up the good work.
Miss Grice. We plan to.
Chairman Kefauver. I thank you very much.
Miss Grice. Thank you.
Chairman Kefauver. The subcommittee will stand in recess until
2:15 p.m.
( WTiereupon, at 12 : 15 p. m., recess was taken until 2 : 15 p. m., the
same day.)
afternoon session
Chairman Kefauver. The subcommittee will come to crrder.
Mr, Manella, will you be here Wednesday ?
Mr, Maneiaa. Yes, sir.
JUVENILE DELINQUENCY 59
Chairman Kefauver. I think the subject matter that you have to
present will be more appropriate on Wednesday than today. We ap-
preciate your presence here, Mr. Manella.
For the record, Mr. Manella is the field representative for the
Florida Children's Commission, and he has a memorandum to present
on Wednesday.
Mr. Mitler, who will be our first witness this afternoon ?
Mr. Mitler. Senator Kefauver, the first witness will testify from
behind a screen in order to protect the identity of the adoptive couple
who are involved. I have his identification, his name and address. He
will take the oath, however.
Chairman Kefauver. What name are you going to use ?
Mr. Mttler. Mr. Robbins. I will refer to him as Mr. Robbins,
Senator Kefauver, his true name is on file with the subcommittee.
Chairman Kefauver. Is it necessary to do it this way ?
Mr. Mitler. I believe it is necessary to do it in this manner in order
to protect the adoptive couple that he represents. I think there is
grave danger that there might be an injury to the adoptive couple if
their identity becomes revealed. I think, on the other hand, the testi-
mony he is going to give is of value to this hearing. That is the reason
why I have recommended that it be done in this fashion.
(Whereupon, the witness was duly sworn.)
TESTIMONY OF MR. "ROBBINS," ATTORNEY, MIAMI, FLA.
Chairman Kefauver. Proceed, Mr. Mitler.
Mr. Mitler. Mr. Robbins, you are an attorney in the State of
Florida ?
Mr. Robbins. Yes, sir.
Mr. Mitler. We had a discussion, and you understand that the rea-
son for doing it in this manner is to protect the adoptive couple; is
that correct ?
Mr. Robbins, That is correct.
Mr. IMiTLER. A matter of about a year ago did you become an attor-
ney for a couple who was applying to get an adoption decree in Dade
County ?
Mr. Robbins. Yes, sir.
Mr. Mitler. And do you know where that couple received their
child?
Mr. Robbins. Yes, sir.
Mr. Mitler. Where ?
Mr. Robbins. In Richmond County, Augusta, Ga.
Mr. Mitler. Was the child placed out for adoption with this couple
by the Richmond County juvenile court?
Mr. Robbins. It was, yes.
Mr. Mitler. And the juvenile court judge's name is Harry A,
Woodward ?
Mr. Robbins. That is correct.
Mr. Mitler. After the child was placed, the couple came to Florida ?
Mr. Robbins. Yes, they resided here.
Mr. Mitler. Then you made a petition to the circuit court in Dade
County to obtain a formal adoption decree for the couple ?
Mr. Robbins. Yes, sir.
74718— 5& 5
60 JUVENILE DELINQUENCY
Mr. MiTLER. Were some papers submitted to you from the Richmond
County
Mr. RoBBiNS. I requested exemplified copies of the proceedings in
that court, and they were submitted to me.
Mr. MiTLER. That was a service that was renedered normally by
the clerk of the court ?
Mr. Robbins. I presume so ; yes.
Mr. MiTLER. Was in any manner Judge Woodward in Augusta
acting as cocounsel with you ?
Mr. RoBBiNS. He was not cocounsel. He did submit a brief of law
on the subject to me, however. He was not cocounsel.
Mr. MiTLER. That brief of law related to the fact that the juvenile
court in Augusta, Ga., allegedly was entitled to place out children for
adoption ?
Mr. RoBBiNS. That, plus supporting the fact that the consent of
that court was sufficient in lieu of the consent of the natural parents.
Mr. MiTLER. In other words, you now disclose to us what was done
by Judge Woodward in Augusta, the services that were rendered?
Mr. RoBBiNs. Yes, sir. That is right.
Chairman Kefauver. I am not sure that I understand. Tell us
again the services that were rendered.
Mr. MiTLER. In other words, all that he did was mail to you an
exemplified copy of the papers that had been filed in the juvenile
court in Augusta, Ga. ?
Mr. Robbins. That, plus the brief that I mentioned ; yes.
Mr. MiTLER. I think this testimony will become more meaningful
later. Mr. Robbins had a pressing engagement and he has to leave.
This will all become integrated with the other testimony.
Mr. Robbins, as far as you are concerned, your are the sole attorney
in the case as far as getting the decree is concerned ?
Mr. Robbins. That is right, sir.
Mr. MiTLER. Thank you very much.
Chairman Kefauv'er. Mr. Mitler, you had some matter that you
investigated about which you want to tell us ; is that correct ?
Mr. MiTLER. Yes.
Chairman Kefauver. We will swear you in now.
(Whereupon, the witness was duly sworn.)
TESTIMONY OF ERNEST A. MITLER, SPECIAL COUNSEL OF THE
UNITED STATES SENATE SUBCOMMITTEE TO INVESTIGATE
JUVENILE DELINQUENCY, WASHINGTON, D. C.
Mr. BoBO. State your full name, please.
Mr. MiTLER. Ernest Albert Mitler.
Mr. BoBO. You are now employed as an associate counsel of the
Senate Subcommittee To Investigate Juvenile Delinquency?
Mr. Mitler. I am, Mr. Bobo.
Mr. Bobo. Previous to that, what has been your exeprience?
Mr. Mitler. I was an assistant district attorney in New York
County under Frank S. Hogan for IOI/2 years, and in connection with
these illegal placement and adoption matters I was delegated and as-
signed by Mr. Hogan to investigate and prosecute those cases which
occurred in New York County. That is my background in connec-
tion with this adoption field.
JUVENILE DELESTQUENCY 61
Mr. BoBO. You have also conducted on a private basis for other
organizations numerous investigations into the adoption i)ractices in
various States and you have also written on the subject ; is that correct?
Mr. MiTLER. Well, those investigations were when I was employed
to write an article for a magazine. That was ; namely, Look magazine,
and it was background the writing that I was doing, that's correct.
Mr. BoBO. Mr. Mitler, you have made for this subcommittee an
investigation of the adoption or interstate adoption of children by
couples and also through the courts and through private placements;
is that correct ?
Mr. Mitler. Yes.
Chairman Kefatjver. And you have investigated that traffic in
this so-called black market in babies between people in the United
States and Canada, and that has been brought out in the hearings in
Chicago ?
Mr. Mitler. Yes. When I was an assistant district attorney in
New York County we investigated traffic between New York and the
Eastern States and the Province of Quebec. It developed that it
was difficult to prosecute the case in New York County, and I went
with detectives to the Province of Quebec, and we broke that case,
and now the traffic has been curtailed of smuggling children into the
United States.
Mr. BoBO. Mr. Miller, you have recently conducted an investiga-
tion which led into the west coast of the United States; namely (Cali-
fornia and olher Western States, and that arose out of the State of
Georgia'^
Mr. Mitler. That is true.
Mr. BoBO. Would you give us your observations and the results
of your investigation ?
Mr. Mitler. The method that was used in that investigation was
to interview the adoptive couples who have received the children,
as well as many of the natural parents, as many as I could locate.
The purpose was to disclose and understand the manner of operation.
I conducted probably two to three hundred interviews in connection
with this investi<^ation.
Now, the juvenile court in Augusta, Ga., I learned had been placing
out children for adoption on a large scale throughout the United
States. This activity started when Harry A. Woodward became
juvenile court judge. He was assisted in this large scale interstate
placement by his chief probationary officer, whose name is Miss Eliza-
beth Hamilton of Martinez, Ga.
The manner in which the placements were made is as follows: In
many cases mothers were brought into the juvenile court in Augusta —
frequently they were married mothers — and they were charged with
neglect of their children. I cannot evaluate the justification or lack
of justification of that charge. In any event, in many of these cases
the parental rights of these mothers or mothers and fathers of chil-
dren were terminated; that is, the children were permanently taken
away from tlie parents. That refers to Richmond County natural
parents. These children were made wards of the juvenile court.
Then, in turn, tlie Richmond County juvenile court judge, Harry A.
Woodward, acting exclusively in this capacity as juvenile court judge,
would place the children out with adoptive couples very often in Cali-
fornia and in New York and in the bulk of the States.
62 JUVENILE DELINQUENCY
Mr, BoBO. Do you mean by "bulk of the States," in the bulk of the
48 States?
Mr. MiTLER. The bulk of the 48 States. He would then receive a
fee from the adoptive parents. The fee ranged from $100 to $300,
and in some cases it was more.
He received this fee even in cases where he did not represent the
adoptive couple when they got their adoption decree. In other words,
the only service that he rendered was in his capacity as juvenile court
judge ; that is, in placing the child out.
What it amounted to was being paid for the service of acting as
Juvenile Court Judge in Augusta. The testimony that you just
heard represented one of those cases, and in that case, and there will
be further testimony about it, the parental rights of the natural mother
in September or October of 1954 was terminated by the juvenile court
on the grounds that the mother was immoral and on the grounds of
neglect.
There were four children taken away from this mother. In that
case one of the children was placed in Dade County, Fla., and the
judge received a fee of $250 for placing the child.
The couple that received that child came from New York. They
happened to be motoring by. They had received a previous child,
and they were there in the month of October, 1054, and they went to
see Judge Woodward and Miss Hamilton for a casual visit.
This is a result of interviews I have had with them, and the child
was turned over to them. On that date the adoptive couple gave the
judge $250. They came to Dade County, Fla., where some other attor-
ney appeared for them.
Mr. Bobbins a Miami attorney, who just testified, in order to obtain
the adoption decree, was retained. In that case another child of this
group of four whose parental rights were terminated by Judge Wood-
ward was placed with a local man "Red"' Sherling, by Judge Wood-
ward. I have conducted extensive investigation concerning this local
man, and my investigation reveals that he was an alcoholic. He
operated what is known as a hot pillow motel. That means a motel
that is conducted on an immoral basis. As a matter of fact, the con-
ditions were so bad in his home as a result of drinking that the doctor
who attended him was shocked and complained to Welfare.
It was reported to me by the nurse attending this man that this
little child, who was 3 years old, carried beer to this adoptive couple
while they were in a state of intoxication. In other words, the par-
ental rights were terminated on the grounds that the mother was
drinking and the child was put in the home of a chronic alcoholic who,
as a matter of fact, died several months after the placement.
In that case the adoptive mother early in December went away and
took $2,500 of the adoptive father's money. To add to the circum-
stances and clarify the picture in that case. Judge Woodward on
December 10, 1954, became the executor of the estate of the adoptive
father. He had been a private attorney for this couple. I give that
as just one example.
I introduce here Exhibits 11, 11a and lib to establish the relation-
ship between the placement of the children by Judge Woodward and
his business connection with Joseph Gray Sherling. The purpose of
these exhibits is to demonstrate that a personal law client of Juvenile
JUVENILE DELINQUENCY 63
Court Jiuloe Hariy Woodward had literally placed tin order witli him
for a "redheaded child," and tliat Woodward had tilled the order by
bringing before his court a motJier of 4 children. This mother had
siitfered a great personal tragedy ancl was going through a very dis-
turbed emotional period in her life. Instead of permitting the chil-
dren to be absorbed in the home of the natural mother's family — the
husband of the natural mother having been recently murdered — Judge
Woodward i)ermanently took away the 4 children from the mother.
Although it was used as a reason for taking the children away from
the mother, tliere was only one incident of drinking on the part of the
mother that had come to the attention of the court. Woodward
placed the lattractive little redheaded child with his private client,
Sherling, who was a chronic alcoholic and critically ill at the time.
Several months after receiving the child, Sherling died. During that
period tlie cliild lived under the most sordid and gruesome circum-
stances. Slierling was the operator of a disreputable and notorious
motel. These exhibits show that the attractive little redheaded girl,
along with another child that had been placed with Sherling by Judge
Woodward, was returned to the court after the foster mother ran away
with a soldier from Camp Gordon, taking $2,500 of her husband's
money. On the date that the children were clumped back into the
hands of the court and while Sherling w^as dying. Judge AVoodwarcl
became the attorney for the executrix of Sherling's will. Sherling
was dying at the time of a series of ailments, which included alcohol-
ism and a mental disturbance resulting from a brain operation.
Exhibit lib shows that Sherling designated Judge Woodward in his
will as attorney for the executrix. Exhibit 11 is an affidavit from the
mother of Mrs. Sherling, exhibit 11a is a report from Mrs. Sherling,
and exhibit lib is a copy of the will of Joseph Gray Sherling.
Chairman Kefauver. Let us get those in as exhibits and have them
marked 'VExhibits 11, 11a, and lib."
(The exhibits referred to were marked "Exhibits 11, 11a, and lib"
and are as foUow^s :)
Exhibit 11
Affidavit
Lydia Dean, of Baxley, Ga., duly deposes, swears and says :
I am the mother of Norma Dean. She married a man in Augusta, Ga., by the
name of Joseph "Red" Sherling. He owned a big motel outside of Augusta, and
had other property around that town.
Red Sherling knew Judge Harry A. Woodward, who is the Juvenile Court
Judge in Augusta, Ga., where Norma and Red lived. Red was anxious to have
an adopted child.
On March 11th, 1954, Judge Woodward gave Norma and Red a little four
(4) year old boy. The boy's father was a drunk and his mother was sick. The
little boy was born in wedlock on December 12th, 1950. Tlie parents got together
but when they found out that he had a good home, they didn't insist on getting
him back. Red was a sick man at this time and was in and out of the hospital
frequently. He was 55 years old. Norma was 31. Slie bad been married once
before — Red, once before. After they got the little boy. Red said he wanted a
little redheaded girl. Norma and Ited started a.sking the judge for a little
redheaded girl in the middle of Mai'ch, 19.54. Even while Red was in the hospital,
Norma kept ringing the judge al)out getting this second cliild.
The day after Red came back from the hospital, on one occasion, around the
end of September or early October, Norma rang Judge Woodward and asked,
"Have you got the little redheaded girl?' The judge said something to the
effect that he had his eye on one. He said he thought he could get one. and
he'd let them know. A short time later, Norma and Red received a cute little
64 JUVENILE DELINQUENCY
redheaded girl, about 4 years old. They called the little girl Cindy. She must
have been maltreated — she acted so frightened at first, and there were marks
on her body.
Norma gave her a lot of love and care, and she stopped being frightened.
She looked very healthy after a while.
Meantime, Red became very ill. Mr. Mitler asked me about his drinking
very heavily during this period. I'd just as soon not discuss that.
In December, Red and Norma had a bad argument. Norma left. The two
children were returned to Juvenile Court. This was just before I think the
little boy's adoption would have become final, and he would have become Red's
heir.
I certainly wish they had kept the children.
Red died in February of 1955. The children would have been heirs to his
^tate. They certainly deserve that break.
Lydia Dean.
Submitted and sworn to before me, this 12th day of November 1955.
M. E. Long, Notary Public.
Exhibit llA
A Report Concerning Mrs. Shekling
At the time of the adoptions in Augusta, Ga., Mrs. Taft was living with her
former husband, Joseph J. Scherling, at Red's Tourist Camp, Dean's Bridge
Road, Augusta, Ga. It appears that "Red" was her husband's nickname. She
gives a background to the effect that he was quite ill at the time the adoptions
started and that he was drinking "quite heavily" all of the time and she indi-
cated that he always was. She states the man had quite a bit of money and was
"very strong" politically.
She advises that her husband's former attorney was one Isaac Peebles, of
Augusta, Ga. However, the husbaud became sick around the 1st of March, to
the best of her recollection, 1954, and decided to make a will. He called in
Judge Woodward who was a very close friend of his. She states that the three
of them sat in the front room of their house and Woodward was the first one to
mention the adoption of children. He did not actually mention adoption as she
recalls but stated if he, the husband, had children, the inheritance tax for Mrs.
Sherling would be considerably less. She stated the judse then said, "some-
thing like, why don't you get a child." She states her husband made the remark
that actually they had been thinking of it but "hadn't gotten around to it."
Mr.s. Sherling states that actually neither she nor her husband had discussed
children or adoption of children prior to this time. She says she and her hus-
band decided that they would adopt a child and Judge Woodward stated that he
would make out a temporary will and then when they got the child, he would
make out the final will. She states he did make out a temporary will and stated
that he would see about the adoption.
She states that it was no longer than 3 or 4 days before Judge Woodward
stated that he had a boy for them. As she recalls, this was on or about March
10, 1954. She states the boy was Leonard Hill, age about 3^; they changed
his name to Joe Sherling.
Judge Woodward stated that the boy came from separated parents who drank
a lot and that the parents were from Tennessee. He further stated that the
boy had 4 other brothers and that the father drank all the time and the mother
could not support them and was willing to let him go. She states this is all
they were advised about the boy's background. When they picked up the boy,
she states that she and her husband drove up to a house and a woman, she
understood it was not the mother, brought the boy out to the car. She states
that from what Judge Woodward told her, this was supposed to be a home for
juvenile children and she believed it for she states there were about 2 dozen
children playing out in the yard.
As to Mr. Sherliug's condition at the time the boy was adopted, Mrs. Taft
states that he was sick. We asked if he was physically sick or whether he was
drinking too much and she stated, "both." She then advised that Mr. Sherling
had either had a stroke just before the boy was adopted, and this was why
he had decided to make out his will, or he was just sick at the time the ques-
JUVENILE DELINQUENCY 65
tion of the will came up and then had two strokes after the boy was adopted and
before she separated from him on December 7, 1954. She frankly admitted
that actually at the time the boy was adopted, she too was doing a little drinking
"but was not an alcoholic."
As to the adoption of the girl :
She states that either just before or just after this girl was adopted, her
husband was being attended by Dr. M. B. Sell ; it could have been that he was
being attended by Dr. Thomas L. Clary, both of Augusta, Ga., but she is cer-
tain it was Dr. Sell. She states that the doctor told her that the stroke
probably had affected her husband's mind. We asked her if Judge Woodward
knew this and she stated that he did. She states that, in fact, when the doctor
told her this, she and Judge Woodward, representing her husband as his at-
torney, went to the bank and together they transferred $2,500 to her, the
wife's, name so that she would have some money upon which to operate should
anything happen to her husband. She states this as indicating that Judge
Woodward definitely knew the condition of her husband.
She says that after they had had the boy for 2 or 3 months, the boy seemed
lonely and they decided to adopt another child. They asked the Judge about
it and in about 3 months he called to advice them they should call at his office as
he had gotten them a little girl. The girl was Dora Corey, age 4. They changed
her name to Cynthia. She states that her husband was sick "of the same old
thing" and could not go to the Judge's office, so one of her husband's employees,
Luther Landrum, drove her to the Judge's office and there they picked up the
little girl. She states she and the Judge and Landrum were the only ones
in the office besides a woman with dark red hair that the Judge said was from
the Juvenile Court.
As to the background on the little girl, Mrs. Taft says the Judge merely ad-
vised them that the mother did not want to give her up but that she was "an old
so and so" and had no right to her. Nothing was said about the father and
Mrs. Taft states that she and her husband did not ask about the child's father.
At the time Judge Woodward turned the girl over to Mrs. Taft, he advised her
to keep the child off the streets for 3 or 4 mouths till the child got older
and the mother would not recognize her. She says that some few weeks after
getting the girl, she did take the girl downtown with her and they went into
a Sears store and some woman came up to her and asked her how she got
the child and said that she had wanted her. Mrs. Taft told the lady she had
adopted the child and says she left immediately while the woman was still
standing there ; the woman had not mentioned that she was the mother.
Judge Woodward never stated outright how he had gotten ahold of the little
girl but she took it that he had secured her through the court.
She states that when she first got the girl in Woodward's office, she was
wearing new clothes and she remembers they had been purchased from some
kiddies shop at the lower end of Broad in Augusta. The little girl was crying but
did state that a policeman had purchased the clothes for her.
Mrs. Taft in response to inquiry also advised the following. Aside from the
dates as given above, she cannot pinpoint the dates of the conversations with
Judge Woodward.
The adoption of the second child was entirely their own idea and was not
suggested by Judge Woodward.
The Judge charged, as closely as she can remember, $165 at the time of each
adoption and she understood it was for legal procedure.
Mrs. Taft states she knew Judge Woodward very little.
Mrs. Taft states she and her husliand, Sherling were married in September
of 1950 or 51. She left him and the two children on December 7, 1954. At
the time she left him, he had promised that he would put the children in a
Catholic home ; she states she learned later that he did not do this. She states
that, frankly, her main reason for leaving her husband was that he was
getting sexually unbalanced. She admits that prior to the adoption of the two
children, she had left him several times before and would go to her mother's
house but he would come there and beg her to return and she would do so.
Asked if Judge Woodward knew that Mr. Sherling drank considerably, she
replied that he must have known for they were good friends. She also pointed
out that Judce Woodward lived next door to Sherling's sister, a Mrs. T. J.
Carstofen, for about 20 years.
She states that a girl, whose name she does not recall, she understands worked
for Judge Woodward for quite some time but the Judge fired her. She understood
that the girl had turned him in for something. She said that the Judge had re-
66 JUVENILE DELINQUENCY
marked, "I'm the judge," and imlicated he did not care what the girl had said
about him. She thinks this girl left the Judge's office sometime in late 1954.
She states that after the girl had been adopted, her husband had become
quite sick again and she had called Judge Woodward once to ask that if her
husband passed away, would it affect her being able to get custody of the two
children and Judge Woodward had said it would not.
She states she and her husband never got final adoption papers on either of the
children. She does not know where the children are now but thinks that perhaps
Sherling's daughter, by a former marriage, might know. The daughter is
Beverly Joe Petty, Route 2, Box 3666A, Augusta, Ga. She states that she under-
stands that this daughter and Judge Woodward had had the children adopted
by someone else the same or within a few days after her husband died.
Slie states that after she liad separated from Mr. Sherliug, she used to write
to him and ask him questions about the children. She states her hu.sband never
answered but that the answer would always come from Judge Woodward. She
asked several times where the children were but states no one ever told her.
We asked Mrs. Taft if at the time she and her husband adopted the two chil-
dren, what the general situation was ; whether or not other people who wanted to
adopt children were having a difficult time in doing so. She states that she
knew of a number of other people who were trying to get children, but cannot
recall their names, and they were unable to do so. She was asked how it happened
that she and her hu.sband were able to get two so quickly and she stated that
she just figured it was because of politics.
One specific example of the above mentioned by Mrs. Taft was the following:
She states that there was a Mrs. Coffee (she is not sure of the name) who lived
on Barton Road just around the corner from Red's tourist camp. When Mrs.
Coffee learned that they had adopted two children, she stated that she had been
trying to adopt some and they suggested she contact Judge Woodward. Mrs.
Taft says the woman did contact Judge Woodward but was unable to get any
children.
We asked if at the time the boy and the girl were adopted, if the judge first
had them meet the child and decide if they wanted that child or if he had
suggested any other children or given them any choice. Mrs. Taft stated that no
other children were mentioned at any time nor did they see either one of these
children before they picked them up for adoption.
We asked if after the children were adopted, if anybody came to check their
house or see how the child was getting along. She advised that one time just
after they had gotten the boy, a girl came out to the house and talked to both of
them for a while and left. She remembers this girl asked them to show their
marriage license which they did. She states this is the only time anyone ever
came to their house.
She does state that one time after they had adopted Joe, the boy, they did
appear before a Judge Anderson at Augusta ; this was 3 months, or perhaps 6,
after they had gotten Joe. She states that the judge did not inquire about the
boy or how they were getting along becau.se the judge was a friend of her hus-
band's and about all they did was talk about things of mutual interest and then
they left the courtroom. They never had to appear in court with the girl, Cindy
(their nickname for Cynthia) .
Throughout the interview, it appeared that there is no particular feeling of
friendship for Judge Woodward on the part of Mrs. Taft. Several times she
would steer the conversation into the fact that when her husband finally did die,
none of the property which had been promised to her by her husband was left
to her. She says all of it went to her husband's daughter by the previous marriage.
Exhibit IIB
Copy of will of Joseph Gray Sherling, signed December 10, 1954. Item V
requests the appointment of H. A. Woodward to probate will. December 10,
1954, was also the day on which the children placed with Sherling by Judge
Woodward, were returned to Richmond County Juvenile Court by Sherling.
State of Georgia,
Richmond County:
I, Joseph Gray Sherling, of said State and County, being of disposing mind
and memory, do make and publish this my Last Will and Testament, hereby
revoking all other wills heretofore made by me.
-JUVENILE DELINQUENCY 67
It is my will and desire that my body be buried in a suitable manner in the
Westover Cemetery, Augusta, Ga., and that a suitable memorial be erected over
my grave, and the costs thereof paid out of my estate, all the details of which
I leave to my daughter, Betty Joe Petty.
I desire and direct that all of my just debts be paid as soon as practicable
after my death by my executrix hereinafter named, and from such funds, or
from such proceeds of such of my property as my executrix may deem it best
to be used for that purpose.
ITEM III
I will, bequeath and devise all of my property, both real and personal, of
whatever kind and wherever situated, to my daughter, Betty Joe Petty, to be
hers absolutely and in fee simple forever.
I hereby make my daughter, Betty Joe Petty, executrix of this will, and I
relieve her from making any inventory of my property or appraisement, or from
giving any bond, and she is only required by this will to probate the will, and
she is further relieved from making any returns of her acts and doings to any
court whatever.
ITEM v
Knowing that during the administration of my estate matters will necessarily
arise requiring the services of an attorney, I request that my executrix to-
employ H. A. Woodward as counsel not only to probate my will but also to repre-
sent her in any and all other matters of a legal nature.
In witness whereof, I have hereunto set my hand and affixed my seal to this
my will, this day of December 1954.
Joseph Gray Sherling [seal]
Signed, sealed, published, and declared by Joseph Gray Sherling as his last
will and testament in our presence, and we, at his request, and in his presence
and in the presence of each other have hereunto subscribed our names as wit-
nesses, the day and year above set out.
Witness :
Bobbie F. Hasty,
llill Ellis Street, Augusta, Ga.
H. A. Woodward,
903-5 Main Building, Augusta, Ga.
Leonard Hunt,
90S Main Building, Augusta, Ga.
Mr. MiTLER. I have here, in order to give the scope of the activities,
a list or a cross section of 104 cases of children placed out across the
United States through the Richmond County juvenile court. I have
interviewed a major portion of these adoptive couples.
In all of these cases Judge Woodward received compensation from
these adoptive couples. Normally, it was around $250 or $300, even
though he did not act in any way as a private attorney for them. All
that he did was act as a Richmond County juvenile court judge.
I have a chart here which I would like to produce.
Mr. BoBO. Mr. Mitler, may I ask you a question. When these chil-
dren are placed in another State, were the adoption proceedings carried
througli in the State in which the child was taken to? Was the final
decree of adoption given in those States ?
Mr. Mitler. The final decree of adoption was normally obtained
in the State into which the child was taken. However, it developed
that in many cases, particularly when the State of California became
very rigid about these matters, many of the children were taken to
68
JUVENILE DELINQUENCY
Tuscon, Ariz,, and to Pima County, Ariz. They would be taken there
for a day or two, and the adoption decrees were obtained in Arizona.
Some of the nonresidents obtained their adoption decrees in Augusta,
Ga., without ever having been there in their lives.
That was not the normal practice, but some of those I interviewed
had had the children brought to them, carried to them, by carriers
or nursemaids, and the decrees were obtained right in Augusta, Ga.
I want now to produce the chart.
Chairman Kefauver. Before you proceed, I know that Judge John
W. Holland is with us. We are certainly delighted to have you
here. Judge Holland has recently retired after a long period of dis-
tinguished service to the district court here. Would you come up and
sit with us ? We would be glad to have you.
Judge Holland. Thank you very much. I wish to welcome you
to Miami again. Senator. I remember with great pleasure when you,
were here before.
Chairman Kefauver. You are welcome to come up here with us.
Judge Holland. Thank you very much, but I will have to leave
shortly.
Chairman Kefauver. Proceed, Mr. Mitler.
Mr. Mitler. I think this chart can be introduced into the record as
exhibit 12 under my testimony.
Chairman Kefauver. Let it be so marked "Exhibit 12."
(The exhibit referred to follows :)
Exhibit 12
WHERE AUGUSTA BABIES WERE PLACED FOR ADOPTION
BY AUGUSTA. GA. JUVENILE COURT JUDGE HARRY A. WOODWARD
San Francisco
Mr. Mitler. This chart represents where Augusta babies were
placed for adoption, and perhaps it should have been Richmond
County juvenile court Judge Harry A. Woodward. In each case the
children were placed by Judge Woodward in his capacity as juvenile
court judge of Augusta, Ga.
JUVENILE DELINQUENCY 69
Now, I am going to read quickly a rundown of the States. The
map indicates Chicago, New York, New Jersey, North and South
Carolina, Florida, Forth Worth, Augusta, Ga., Denver, Los Angeles,
San Diego, and San Francisco. Of the cross section of cases that
I came into contact with, which are not a complete group, California
had 37, New York had 25 — I will just read some of the others —
Nevada had 8, Arkansas, Virginia, Texas, Maryland, Alabama, Flor-
ida, Oklahoma, New Mexico, South Carolina, Missouri, Arizona,
South Dakota, Colorado and Illinois
Chairman Kefauver. You have Orlando and Miami there. You
did not say anything about that.
Mr. MiTLER. Orlando and Miami, Fla. These placements have
been made over a period from 1935 up to the present date. I made an
extensive investigation to determine whether the area in and about
Augusta, Atlanta and South Carolina — whether there was a demand
for children. I did that to determine whether these children could
have found homes or if there was a demand in that area for children.
I found, from speaking to local doctors and to local agencies, that
there is a very large demand and that there is all over the country a
similar demand for children. In other words, all these children could
have been absorbed in a suitable way into that particular area in and
around Augusta, Ga.
I have another chart that I would like now to produce.
Chairman Kefauver. How could the children be taken from
Augusta to Los Angeles ? Would you come to that ?
Mr. MiTLER. Yes, sir.
Chairman Kefauver. Do not let me bother your continuity.
Mr. MiTLER. I think I could take it up right now. The method of
bringing the children to the different localities varied. In some
cases the adoptive couples did come to Augusta, Ga. They went
to a local hotel, and the children would be brought to their room
for examination. They picked the child they wanted, and then they
would leave with the child. In many of these cases, even though the
court was placing out the child. Judge Woodward never saw the
adoptive couple in the short stay that they had in Augusta, Ga.
In the west coast on many, many occasions the adoptive couples did
not come, or if the}'^ did come, the wife came. Some of the husbands
stated they were too tied up, and on some occasions Miss Hamilton
flew the children to the west coast herself, and in other cases a nurse-
maid was sent for the children. As a matter of fact, on one occasion,
which there will be testimony to, a child 4 or 5 years old was put on
a plane by herself and flown, I believe, to Chicago. That was the man-
ner of transportation. It varied from case to case.
In these cases, the contact most frequently was with Miss Elizabeth
Hamilton. She was the chief probation officer, and very often in these
neglect cases she made the investigation and made the recommenda-
tion that the decision of the court was based on in which the parental
rights of the child were terminated. I do not want to leave the im-
pression that in all these cases the children were made available by
the termination of parental rights. That was just a percentage of the
cases. However, in all of the cases, whether it was termination of
par^ital rights or dealing with unmarried mothers who came to the
court for assistance. Miss Hamilton did the social-service work.
70 JUVENILE DELINQUENCY
When these children became wards of the juvenile court they were
boarded out in local boarding homes. The fee to the boarding mothers
was $20 a month, paid by the county treasurer of Richmond County,
and it was paid by check to the countj^ treasurer of Richmond County,
and I have made a careful investigation, at least of some of the board-
ing mothers, and they said that they have always received their
boarding money from the county, and they never received it from any
private sources. Yet, in many of these cases — that is, in most of the
cases — checks were mailed to the court for the boarding out of the
children.
I made a mistake. It was not to the court, but it was to Miss Hamil-
ton. It was in cash, and it was to cover the boarding fee of the child,
and I was not able to determine that any of these moneys were used
to reimburse the boarding mothers. In other words, there possibly
seems to have been a double pajnnent.
Chairman IvEFAm'ER. It seems to me that if what you say is correct
there is a double payment.
Mr. MiTLER. There is a double payment. I went to Los Angeles,
and I interviewed some of the adoptive couples. When I was there,
I found the following facts :
One man, Paul B . wlio has just been released from San Quentin
Prison for embezzling $100,000 from a movie star, a Los Angeles man
who was an actor's agent, had acted in the capacity of an agent, in a
sense, of the court in that ])eople came to him in Los Angeles and he
made his study of their background and he referred them to Augusta,
Ga. Whatever study was made before tlie placement of the child,
was made by this individual.
Chairman Kefauver. Was he in San Quentin before he made these
investigations ?
Mr. Mitler. No, Senator Kefauver. He went to San Quentin after
he made these investigations, but during the time that he was engaged
in this illicit activity of embezzling funds on the west coast.
Chairman KEFAU^'ER. He was a thoroughly unsavory character?
Mr. Mitler. I have a letter from Chief Parker
Chairman Kefauver. The chief of police of the city of Los Angeles ?
Mr. Mitler. Yes. I do not want to mention the man's name. Sen-
ator Kefauver, because he is out of prison now and he has asked to
be able to rehabilitate himself, and now he is applying for a license
in his profession. That is the reason that I am referring to him as
Paul B .
Chairman Kefaua^er. If he had been invited to attend we could
mention his name. Since he is not here, you can call him Paul B .
Mr. Mitler. He is not here. This is the description given to me
in a letter that is dated October 26, 1955. It is from Chief Parker,
l)ut James E. Hamilton, captain, commissioner of intelligence division,
actually wrote it. This is to show the background of the individual
selected and used as the unofficial agent for adoption matters of the
juvenile coui't of Augusta, Ga., in California. Theodore G has
a criminal record for assault and several arrests. He also received a
child for ado])tion from Judge Woodward. The record of Theodore
G is on file with the subcommittee. I am submitting excerpts
from the letter as exhibit 13.
Chairman Kefauver. Let this be marked as "Exhibit 13."
JUVENILE DELINQUENCY 71
(The letter is as follows :)
Exhibit 13
City of Los Angeles,
Department of Police,
Los Angeles, Calif., October 26, 1955.
Ernest A. Mitler,
Special Counsel, Subcommittee To
Invest iffate Juvenile Delinquency,
Washintgon, D. C.
Dear Sib: This is in reply to your letter dated October 17, 1955, requesting
inforiuation on Paul B and Theodore G . The following is a resume of
the background activities of both these men.
FBI #5070140 LACO #B-3S000 SQ #A-14294
WMA, Born Philadelphia, Pa., 1910, 5-9, 210, blk hair, brn eyes
Subject was a con man and shakedown artist in the Hollywood area. In 1946
he was an insurance salesman for the Los Angeles office of the Connecticut Mutual
Life Insurance Co. In 1947 he was in business for himself, doing business as
Hollywood Management Corp. He handled the business of several big actors,
including Robert Mitchum. While in this business he sold information to news-
pai)ers and magazines, including the San Francisco Examiner and Hollywood
Nite Life. He became quite friendly with the owner and publisher of the latter,
Jimmy Tarantino, FBI 168205. Subject was also associated with Jimmy Utley,
FBI 2787993, another infamous Los Angeles hoodlum. A warrant was issued
in 1947 for subject on a charge of grand theft of $9,745 from Ann Nichols, author
of Abie's Irish Rose. After a long, drawn-out trial, appeals, et cetera, he was
sentenced to the State prison on February 15, 1950. He was paroled from San
Quentin State Prison on March 17, 1952, and parole expired on March 15, 1955.
We are unable to determine any arrests prior to 1947 or any criminal activity
since his release from prison.
Hoping this information will assist, I am
Very truly yours,
W. H. Parker,
Chief of Police.
James E. Hamilton,
Capta in , Com m ander.
Intelligence Division.
Chairman Kefauver. That is John Hamilton instead of James.
Mr. Mitler. Yes, Senator Kefauver. He says that the subject was
a con man and shakedown artist in the Hollywood area. I went to
San Quentin State Prison in California and interviewed one James
Tarantino. Tarantino is in San Quentin Prison for conspiracy to
commit extortion. He was an editor of a paper called Hollywood
Nite Life. He would attempt to sell advertising to bars and grills
and individuals in Hollywood and in San Francisco, and if they failed
to buy the advertising he would make unsavory disclosures about
activities in their bars and grills, and then he would come around at
the end of the week and ask if they want to buy any advertising. In
other words, he used his method of exposure in order to force the
purchase of advertising, and as a result of these methods he finally
was convicted in San Francisco as a result of the work of Inspector
Ahearn, and he went to San Quentin Prison.
Chairman Kefauver. Inspector Frank Ahearn, of the San Fran-
cisco police force ; is that correct ?
Mr. Mitler. That is correct. There was a very extensive investi-
gation, and this individual who was making the referrals to the
Augusta, Ga., juvenile court was, over a period of time, the advertis-
ing salesman "for Hollywood Nite Life that was engaged m that
72
JUVENILE DELENQUENCY
activity. James Tarantino stated to me that he had a close associa-
tion with this individual.
I should state that Tarantino and Hollywood Nite Life had in that
capacity no comiection with this adoption matter. I have before me
this individual's record.
The individual to whom I am referring is the intermediary who
referred the cases to Augusta, Ga., and he was sentenced from 1 to 10
years on September 22, 1949, in Los Angeles County, grand theft,
6 counts. I offer as exhibit 14 the subject's criminal record.
Chairman Kefaum^r. Let it be marked "Exhibit 14,"
(The exliibit referred to follows:)
Exhibit 14
CBIMINAIi Recobd
CITY OF PHEDADELPHIA POLICE DEPABTMENT
Name: Sex : Male. Color
Philadelphia Number : Crim. Reg. 4606.
FBI Number: 5070140.
White.
Arrested
Charge
Disposition
Oct. 9, 1947: Sheriff office, Los Angeles,
Grand theft
Released Oct. 9, 1947; bond.
Calif.. B38000.
Mar. 24, 194S: Sheriff office, Los Angeles,
Calif., B5600.
Apr. 7, 1948: Sheriff office. Los Angeles,
Calif.
Sept. 22, 1949: Sheriff office, Los Angeles,
Calif., B117903.
do
Grand theft, 4 counts
Grand theft, G counts
Mar. 24, 1948: Released; appeal
bond.
Apr. 7, 1948: Released; appeal
bond.
1 to 10 years.
Chairman Kefauvtek. Do you mean he is the fellow that would make
the inspection of the homes and pass on the eligibility of the parents?
Mr. MiTLER. In an informal way, yes, during the preplacement
period. In other words, a couple desirous of adopting a child, it was
community knowledge that this man had a manner of getting children,
and these people would come to him, and in many cases, highly repu-
table people would come. He would then call of the Augusta juvenile
court, and he would make a recommendation, and he would be the
medium through which the people came to Augusta, Ga. Miss Hamil-
ton and Judge Woodward never met the gentleman. I might state
that.
Chairman Kefaus er. How do you know that ?
Mr. MiTLER. I cannot state that as a fact. In my interview with
this man, the man who is the intermediary, he stated that he never had
met face to face either Judge Woodward or Miss Hamilton. It is
based on that. I do not have independent loiowledge.
Chairman Kefauver. How much would he get for his work?
Mr. MiTLER. I have not been able to determine that, but in some
cases he did get insurance business from the adoptive couples. That
is the form of reimbursement that I learned.
There is a case that occurred in connection with this matter that I
think shows tightly the connection between juvenile delinquency and
poor adoption practice. In that case this gentleman, Mr. B, had re-
ferred a local Los Angeles musician who played in a band in a movie
studio to go to the Richmond County juvenile court. The prospective
JUVENILE DELINQUENCY 73
adoptive couple had had a great tragedy. Their 6-year-old boy had
passed away, and they were anxious to receive a child who looked just
like their 6-year-old boy.
Mr. B sent them to Augusta, Ga. The adoptive father in this case
arrived one day in Georgia, and he was met at the airport by Miss
Hamilton. She was with a boy who was about 6 years old. The
adoptive father remained in town no more than an hour and a half,
and he then returned to Los Angeles.
He immediately rejected the boy, and after having him in his house
for several months passed him on to another couple in Los Angeles.
The boy was then passed on to a third couple. At no time was he
adopted. While in the hands of the third couple, he became so ma-
licious and so maladjusted as a result of these repeated placements that
he finally attempted to poison his third foster mother, and as a result
he has had to be sent to an institution. Fortunately, he is at Boys
Town now, which I think is a very happy event, but for a period of
time he had to be sent to an institution. I bring this up to show the
connection between a poor placement and delinquent conduct.
Chairman Kefauver. That is the case we referred to in our opening
statement ?
Mr. MiTLER. Yes, sir. Senator Kefauver. In my interviews on be-
half of the committee in Los Angeles— I want to state that at all times
the adoptive couples were assured that they would not suffer any em-
barrassment, and that their relationship with the child would not be
in any way altered. In my interviews on behalf of the committee in
Los Angeles I learned some facts.
Two people who received children from the court had been, at the
time they received the children, repeated witnesses before the House
Un-American Activities Committee, and were shortly thereafter con-
victed. They went to prison in connection with Communistic activi-
ties.
Chairman Kefauver. They were convicted in connection with Com-
munist activities ?
Mr. Mitler. They were card-carrying Communists, and they had
appeared previous to that before House committees. Another man who
received a child from Augusta, Ga., I learned from his police record,
has been convicted of assault and battery, and has a long arrest record.
He was held at one time as a material witness in connection with a stab-
bing.
Many of the adoptive couples have furnished wonderful homes for
the children. I think in all fairness I should mention that. However,
it seemed to have been a hit or miss proposition.
I have selected some of the situations that have come up. I do this
to illustrate the process which occurred here. I would like to have the
first chart put up.
Chairman Kefauver. Let that be exhibit 15.
74 JUVENILE DELINQUENCY
(The exhibit referred to follows :)
Exhibit 15
CHILD A
JUDGE Y
PAPENTS C
nfc JUDOe X
£y ^\ ^^
W
OUT OF STATE \
Jl
JMr. MiTLER. This chart is perhaps just a way of graphically illus-
trating and conveying the process. In the top illustration a judge is
terminating parental rights.
In the illustration down on the left, the same judge is taking the
child, child A, who was taken away from the parents, and he is placing
it with another couple. That couple would be parents C, and the inter-
mediary, who is the judge in this case, is receiving compensation for
that process.
I think two thoughts are contained in that pictui-e. Judge X is
also appearing as the private attorney for the adoptive couple to get
the adoption decree before Judge Y. The adoption records— that is,
the ones available to the public and which I got in Augusta, Ga. — re-
flect that Judge Woodward would appear as the private attorney for
the same adoptive couples with whom he placed the children, and in
cases in which he had terminated parental rights.
Chairman Kefauver, Did you examine the dockets ?
Mr. MiTLER. I examined the dockets from 1935 up to the present
date. That was from 1935 to 1955.
From 1935 to 1940 the law was one way. It was changed in 1940.
You could see the entire process in the earlier period. The minute
book of the superior court would indicate the appearance of Harry A.
Woodward as private attorney for the petitioner, and then lower on
the page it would indicate that he is the juvenile court judge, and it
would indicate that he had placed the child with the petitioners.
Then you would see in those cases where parental rights were termi-
jm^ENILE DELINQUENCY 75
nated by him ; that it was done on the recommendation of Probation
Officer Elizabeth Hamihon, akhough there were other probation
officers who did that also.
On the right-hand side is a symbolical way of indicating the chil-
dren being placed outside of the State of Georgia. I should say this
study was not directed towai'ds the State of Georgia because the
impact of the activity was felt all over the United States. It was
an intrastate as well as an interstate activity.
This chart is perhaps a graphic way of understanding the activity.
I have here another chart. This other chart indicates the per-
centage of petitions for adoption in Richmond County that were
filed by Juvenile Court Judge Harry A. Woodward as private
attorney.
Chairman Kefauver. In the first place, how large a county is Rich-
mond County? How many lawyers are practicing there?
Mr. MiTLER. Senator Kefauver, can I make an inquiry from people
from Augusta? I do not know.
Chairman Kefauver. About how large a city is it? Does it have
70,000 to 100,000 population?
Mr. Mitler. I would make a guess of a minimum of 40,000. It is
possibly more.
Chairman Kefauver. We will find out in some way. Somebody
in the audience seems to know. Do you know how large Richmond
County is? <. -r.- i
Mr. Mitler. There are quite a few lawyers in this room from Rich-
mond County. I am sure they can answer the question.
Chairman Kefauver. Somebody said about 65,000.
Mr. Mitler. Augusta is a sizable city. Camp Gordon is nearby,
which increases the activity. The H-bomb plant was there at one
time and that had 48,000 employees. It is a bustling community.
I do not know numerically the size of the bar, but it is a sizable bar.
It is a center for that region, not only of Georgia but South Carolina.
The red marks indicate the percentage of the total petitions for
adoption in Richmond County that were filed by Judge Woodward
as private attorney.
Chairman Kefauver. Let that be marked as "Exhibit lb.
74718—56-
76 JUVENILE DELESTQUENCY
(The exhibit referred to follows:)
Exhibit 16
PERCENTAGE OF TOTAL PETITIONS FOR ADOPTION IN RICHMOND COUNTY
FILED BY JUVENILE COURT JUDGE WOODWARD fiS ATTORNEY
'55 '54 '53 '52 51 50 49 48 47 46 45 44 43 42 41 40
Mr. MiTLER. It shows in 1940 about GO percent ; in 1941 about 83
percent; m 1942 about 69 percent; in 1943 about 06 percent; in 1944
about 57 percent; in 1945 about 56 percent; in 1946 about 32 percent;
in 1947 about 63 percent; in 1948 about 38 percent; in 1949 about 50
percent; m 1950 about 36 percent; in 1951 about 36 percent; in 1952
about 33 percent; in 1953 about 40 percent; in 1954 about 30 percent
and in 1955 about 26 percent.
I cannot state that all of those cases were cases that Judge Wood-
ward got m his capacity as juvenile court judge because after 1941 the
admjtion files were made confidential.
Turning to another aspect of the problem, I learned in Augusta,
that m the boarding homes where the children were kept, that one
woman had as many as 20 to 25 children tliat were wards of the court,
^^l u^^ T^^^ ^^^^ ^"^^^ *^^^ unmarried mothers would live in the same
establishment, making it a very difficult situation to render sound serv-
ice tor these children.
I think that does not reflect on Judge Woodward but
Chairman KEFAmiSR. Who selected the homes where these people
would live ? ^ ^
Mr. MiTLER. That was done by the court on Judge Woodward's
authority If 25 children were there, they were placed either by Judge
Woodward or his delegated representative. Miss Hamilton. The adop-
tive couples m almost all cases stated that the children arrived in
miserable and deplorable physical condition. They stated that the
children had rickets, malnutrition, and all forms of neglect. Thev
stated that many of these children had been for a long period of time
in these boarding homes.
I think that was almost a uniform condition. It was a uniform con-
dition that the children when they were sent out to the coast had indi-
cations of malnutrition and all kinds of illness
JUVENILE DELINQUENCY 77
One fact that I learned in going through the sections of Augusta and
interviewing perhaps hundreds of people in areas where the mothers
had their children taken from them, was that the juvenile court was
identified with police power and discipline and identified with fear
rather than constructive child welfare work, which, of course, made it
difficult for the court to do a sound and good adoption job.
The other aspect of what happened will be brought out by witnesses
who will testify here today who had direct knowledge and made direct
observations of these activities. Not all of the placements, of course,
were bad, and not everything that that court did was bad. I have high-
lighted some of the problems that I think are of value for the com-
mittee's consideration and concern.
Chairman Kefauver. While you are testifying, Mr. Mitler, what
kind of Federal law would prevent this kind of traffic across State
lines ?
Mr. Mitler. There is a need for a law making it a crime to place
out children across State lines for compensation. I think that law
should also prohibit other kinds of irregularities and abuses, such as
placing the natural mother in the hospital in the name of the adoptive
couple. I base that opinion on my experience in the district attorney's
office in New York, where almost all of the cases that were prosecuted
were interstate in their nature. I refer to the Irwin Slater case, which
emanated from — where there was a traffic in children between Dade
County, Fla. and New York. That was interstate. Of course, the
case involving Canada and New York was also interstate.
In my trip out west I found that there was a large interstate move-
ment of children in Pima County, Ariz., where the situation we have
talked about of putting the mother in the hospital under the name of
the adoptive couple was happening, and children were going to Cali-
fornia. I think there is some indication that was happening on occa-
sions from Las Vegas in Nevada, and I know that our hearings in
Chicago established a large scale interstate movement of children from
there.
I think there is also need for a study to find out whether there
should be a Federal law requiring that the investigation which is made
in adoption take place before the placement. As it stands right now,
in independent adoptions the investigation is made after the couple
has received the child and perhaps after they have had the child for
a year or two, and at a time when nothing effective can really be done
with the investigation, since the child has been in the adoptive home
for a long period.
Chairman Kefauver. That depends on the State law at the present
time, does it not ?
Mr. Mitler. That depends on local State law, but in these cases
coming from Augusta Ga., and I should say there were some indica-
tions where there were preplacement studies made in other States —
there were a few indications — I think a lot of tragedy that has resulted,
particularly with respect to the situation of these mothers, would have
been avoided if there had been a study made by the department of
public welfare before the child left the State.
Chairman Kefauver. What is the law of the State of Georgia with
reference to giving the natural mother another name for the purpose
of falsifying the name of the child ?
78 JUVENILE DELINQUENCY
Mr. MiTLER. As in all States, that is a crime. In Georgia that was
not particularly what they did, but that activity is a crime in Georgia,
and it is a crime in all States.
Chairman Kefauver. But does not the Georgia law require some
examination of the home before a child is placed ?
Mr. MiTLER. It does not in an independent placement. It requires
an examination of the home after the child is placed. For example,
a New Jersey couple came to the juvenile court about a year ago and
rented a room. They really did not live there. After the child was
placed, several months later, a worker from the department of public
welfare, was assigned to investigate or to visit the couple. The couple
came from out of State and sat in the apartment, and the study was
made then. In an independent placement, the study is made after
the child is already in the home, and very often for a long period
of time
Chairman Kefativer. Was any study made of the homes in Cali-
fornia and Los Angeles and other places on this map after placement?
Mr. MiTLER. Yes. In some cases, such as the case which I cited about
the little boy who tried to poison his stepmother, there was no study
because no effort was made to adopt the child. The study in these
cases was made and it was made usually months later or a long time
after the people had the child, at a time when nothing effective could
be done if it was an undesirable situation.
Chairman Kefau\^r. Was it made by the Georgia officials or the
California officials ?
Mr. MiTLER. If the decree was gotten in Georgia, it was made by
the Georgia officials after 1941. That investigation. Senator, is not the
same kind of investigation that is made when an agency decides
whether you should have a child or not. Welfare authorities recog-
nize that once the child is in the home, that it is an altogether differ-
ent kind of investigation. The only question then is whether the
decree should be granted or not. It is not whether that is the wise
home to place the child in. In some of the States in which the children
were placed, there were no investigations made because the State law
did not require it. However, California did make the studies, and
after a period of time no more cases went to California.
What happened was the cases were brought to Nevada and Arizona,
where the investigations were somewhat more lax.
Chairman Kefaiat^r. The investigations made were not the result
of anything Judge Woodward did, were they?
Mr. ]\IiTLER. That is correct. Senator. The other material I have
is to be presented by the witnesses who are present.
Chairman Kefauver. Mr. Bobo, do you have any questions?
Mr. BoBO. No questions.
Chairman Kefauver. Wlio is your next witness, Mr. Mitler?
Mr. Mitler. Mrs. Epps.
(Whereupon, the witness was duly sworn.)
TESTIMONY OF MRS. DESSA EPPS, EOEMER BOARDING MOTHER OF
WARDS OF RICHMOND COUNTY JUVENILE COURT, AUGUST, GA.
Chairman Kefauver. Sit down, Mrs. Epps. Just be calm and do
not be nervous. Just answer our questions and we will get along all
right.
Take over, Mr. Mitler.
JUVENILE DELINQUENCY 79
Mr. MiTLER. Mrs. Kpps, from where do you come?
Mrs. Epps. Augusta, Ga.
Mr. MiTLEK. Have you lived in Augusta, Ga., all your life?
Mrs. Epps. I have lived in Georgia all my life. I have lived in
Augusta, Ga., about 18 years.
Mr. MiTLER. And what is your first name, please ?
Mrs. Epps. Dessa, D-e-s-s-a.
Chairman Kefauver. You might give your address in Augusta.
Mrs. Epps. 2006 Clark Street.
Chairman Kefauver. 2006 what street?
Mrs. Epps. Clark.
Mr. MiTLER. Mrs. Epps, you came here in response to a subpena
given to you by this connnittee ; is that correct ?
Mrs. Epps. I did.
Mr. MiTLER. Mrs. Epps, starting in what year did you become a
boarding mother for the juvenile court in Augusta, Ga. ?
Mrs. Epps. 1940.
Mr. MiTEER. And you continued to be a boarding mother, taking
care of the wards of the juvenile coui't, U]) to what year?
Mrs. Epps. 1951.
Mr. MiTLER. What caused you to sto]) in 1951 from looking after
the children who were wards of the court ?
Mrs. Epps. Well, I heard, there was a rumor going about, that the
children were being sold, and I didn't want any part of that.
Mr. MiTLER. Did you tell Miss Hamilton, the chief probation of-
ficer, that you did not want anything further to do with that activity?
Mrs. Epps. I did, in the presence of Judge Woodward.
Mr. MiTLER. How many children went through your home and
were placed out by the juvenile court I What is your best estimate?
Mrs. Epps. Well I would say and I think that would be very small,
Mr. Mitler, between 400 and 500, at the very least.
Mr. Mitler. How did you know or how did you have an idea
Avhere the children went?
Mrs. Epps. Quite a few times people would fly in from California—
at least, they said that is where thev were from — and they would come
after the child. Some of them would come from New York. Miss
Hamilton carried quite a few of them herself. They went to New
York, California, New Jersey, Gulf of Mexico. I think they went all
over the world. .
Mr. Mitler. During this time, because you were caring for children,
did you learn of local people in the Augusta area who were anxious
to have children for adoption ? .
Mrs. Epps. Y^es, I did. My pastor wanted some children for quite
a few of our neighbors, and then other people would come there. He
asked me to ask Miss Hamilton about getting baby girls and baby
boys and letting them have those. She said she did not care to adopt
children out in the city and in the county because the babies' parents
might contact the adopting parent, and she said she would rather
that they go out of the community.
Chairman Kefauver. What church is your pastor the head of i
Mrs. Epps. Baptist.
Mr. Mitler. How many of these children, to your knowledge, from
your boardinghouse, were placed out for adoption in Augusta with
local people ?
80 JUVENILE DELINQUENCY
Mrs. Epps. Well, I will say about four.
Chairman Kefauver. About what ?
Mrs. Epps. About four.
Chairman Kefauver. About 40?
Mrs. Epps. About four.
Chairman Kefauver. About four?
Mrs. Epps. Yes, sir, and they would not have been presentable for
anybody that really wanted a child. Some of them were afflicted, and
these were good. Christian people, and they wanted a baby, and they
did not have any of their own, and these people loved children so good
that they would take anything they could get.
Chairman Kefauver. The four that were placed locally were afflicted
and nobody would want to apply and get them and take them outf
Mrs. Epps. Yes. I know that in one particular case this Augusta
lady begged and begged for children, and they finally, gave her one
that he did not have no nose. He was like nobody else. He just had
two nose holes, and he was harelipped, and when he was born he
couldn't suck a bottle. You had to feed him with a medicine dropper.
When the baby was born, he couldn't suck a bottle. He had to be fed
with a medicine dropper. Of course, anybody at all would not want
a child like that, and this lady had taken it and she got another and
it was harelipped.
Mr. MiTLER. Mrs. Epps, would you talk a little more slowly ? You
are doing fine. Talk a little slower.
There were other boarding homes for the juvenile court; is that
correct ?
Mrs. Epps. Yes.
Mr. MiTLER. Your boarding home was not the only one ?
Mrs. Epps. Yes. There were about seven.
Mr. MiTLER. You cannot state that there were no children placed for
adoption by the court in Augusta; you only know about your own?
Mrs. Epps. I only speak for myself.
Mr. MiTLER. How old were the children that were kept in your
house ?
Mrs. Epps. Well, from 3 days to 35 years.
Mr. MiTLER. Wliat is the most amount of children
Chairman Kefauver. From 3 days to what ?
Mrs. Epps. Three days to 35 years.
Chairman Kefaitv'er. Thirty-five years old?
Mrs. Epps. Yes, sir.
Mr. MiTLER. That included some of the girls who were sent there
that were going to have babies?
Mrs. Epps. Yes, sir.
Mr. MiTLER. And they were kept in the same place with the chil-
dren, the infants that were wards of the court; is that right?
Mrs. Epps. Yes, sir.
Mr. MiTLER. What were the greatest number of children that you
would have to look after yourself?
Mrs. Epps. Twenty-five.
Mr. MiTLER. And at the same time were there some of these
mothers, unmarried mothers, in your house ?
Mrs. Epps. There was.
Mr. MiTLER. Did these people come walking in by themselves or
were they sent there by the juvenile court?
JTTVENILE DELINQUENCY 81
Mrs. Epps. Miss Hamilton usually brought them.
Mr. MiTLER. And that was a pretty hard job, looking after all
those people?
Mrs. Epps. Yes, it was. It was not any fun.
Mr. MiTLER. Did you have any help ?
Mrs. Epps. No, I did not, nothing but the girls who would help
some.
Mr. MiTLER. Did you ever have a talk with Miss Hamilton about
what she did in case some of these unmarried mothers would want
to keep their child or would want to see their child ?
Mrs. Epps. Yes. Well, I heard her say with some particular girls
that wanted their babies at birth — she said that before she would let
them see them, she would tell them they were dead, died at birth.
Mr. MiTLER. In other words, if the girl asked for the child. Miss
Hamilton told you that she would say that the child was dead to
get the girl out of the picture ?
Mrs. Epps. Before she would let the girl see the child, yes. She
would just make them under the impression that the child died at
birth.
Mr. MiTLER. For each of these children that were m your home
that were wards of the court, did you get compensation from the
county treasurer ?
Mrs. Epps. Yes. If I kept them a month, I got $20.
Mr. MiTLER. That was by a check from the county treasurer?
Mrs. Epps. Yes, sir. The check came in the mail from the county
commissioners of Richmond County.
Chairman Kefauver. Did you get the same for keeping the expect-
ing mothers as you did for keeping the children ?
Mrs. Epps. Sir ?
Chairman Kefauver. Did you get the same pay for keeping the
expecting mothers that you got for keeping the children ?
Mrs. Epps. Yes ; no different. They all come on the same board bill.
Chairman Kefauver. $20 a month?
Mrs. Epps. $20 a month.
Chairman Kefauver. How many ^irls would you have there at
the same time that you would have 25 children ?
Mrs. Epps. Sometimes 2 and sometimes 3 and sometimes 4.
Mr. MiTLER. But you never received any money from Miss Hamilton
for these cases ?
Mrs. Epps. No, sir.
Mr. MiTLER. So that if any money was paid to her, it did not get
to you?
Mrs. Epps. Nothing.
Mr. MiTLER. Did Judge Woodward ever reimburse you or pay you
for any of these children who were wards of the court ?
Mrs. Epps. No, sir.
Mr. MiTLER. In other words, there was just one way and one way
alone ?
Mrs. Epps, One way and one way only.
Mr. MiTLER. A list was sent in by the authorities in the juvenile
court to the county treasurer, and you received a check and that was it ?
Mrs, Epps. I imagine it was because Miss Hamilton would make out
a board bill, and she would send me a copy along about the last of
82 JUVENILE DELINQUENCY
the month. It would state the children's names on this here sheet of
paper, and I presume she sent one to the county commissioners because
I also got a thin sheet, and it would give the names of each child that
I had. I would get $20 each.
Mr. MiTLER. I think we understand the point. Were you present
when these out-of-state people would come to your house and the
child would be shown to them ? Were you sometimes present ?
Mrs. Epps. Yes, sir.
Mr. MiTLER. These children had all kinds of different backgrounds;
is that correct ?
Mrs. Epps. Yes.
Mr. MiTLER. Did you hear what Miss Hamilton would tell the adop-
tive parents about the background of the child ^
Mrs. Epps. She usually told them it was a young girl going to high
school and happened to have made a mistake that anybody was liable
to make as much as once. She would say that it come from a fine
family, good boy and good girl, and that was the routine that was given
to all of them.
Mr. MiTLER. In other words, she told the adoptive parents the same
story in each case about the background of the child ^
Mrs. Epps. Yes.
Mr. MiTLER. Do you remember an occasion of a girl who stayed
at your house whose child was sent to California i Do you remember
the case where the girl was either 12 or 13 years old?
Mrs. Epps. Yes.
Mr. ]\IiTLER. She was raped by her stepfather ?
Mrs. Epps. Yes.
Mr. MiTLER. I know that we feel this child would be entitled to a
home like every other child.
Mrs. Epps. Oh, yes.
Mr. MiTLER. Do you remember wiiat Miss Hamilton said to the
adoptive parents with respect to the background of that child?
Mrs. Epps. Yes, very particularly, because the lady came here, she
and her husband, and they looked at the baby. It was a darling baby,
looked just like the mother for the world. The adoptive mother in-
sisted on seeing the real mother.
Well, Miss Hamilton didn't, I suppose, care for her to see the real
mother. She told her that she was a high school girl. She said that it
just happened as a mistake, and she said that the daddy of the child
was a high school boy, come from a fine family of people.
Mr. MiTLER. That does not mean that the child did not need a home,
but it is a kind of a thing that you should look into rather carefully ; is
that correct, Mrs. Epps ?
Mrs. Epps. Yes, sir.
Mr. MiTLER. Do you remember Miss Hamilton coming to you one
day and asking you to locate a girl who could pretend that she was the
mother of the child ?
Mrs. Epps. Yes.
Mr. MiTLER. And that girl should sign the consent ?
Mrs. Epps. Yes.
Mr. MiTLER. Tell us about that real slowly.
Mrs. Epps. She come — I think she had got into a real fight in Cali-
fornia, if I understood it right.
Mr. MiTLER. She got into a situation in California ?
JUVENILE DELINQUENCY . S3
Mrs. Errs. Yes, that was piniiino- cloMii on her. To the best of my
understanding, she did not give me the details, but it was a pinning
down on her where she would have to have a girl to go before some-
body and say that she was this child's mother.
Mr. MiTLER. She would make believe or pretend?
Mrs. Errs. Yes, and she wanted me to ask a certain girl. I wouldn't
call her name here because she is one of our church members. I said,
"Well, I will let you know after a while."
Well, it went on and I did not let on to the office but I knew that I was
not going to talk to that girl. I just said that the girl would not sign
it, and I just dropped it there. • i i i
Mr. MiTLER. Did she tell you something about having already used
up the girls? ^„ , , , -, ^^r ^
Mrs. Epps. She said she used Mrs. Shockley s and Mrs. Cooper s
girls until she was ashamed to carry them down any more.
Mr. MiTLER. How much was the girl to be paid for making
Mrs. Epps. $5. -, i . i ^i
Mr. MiTLER. The ffirl was to be paid $5 to pretend that she was the
mother and go downtown and show up as if she was the mother ?
Mrs. Epps. Yes.
Mr. MiTLER. x\nd she said the girls at the other two boarding homes
had been used too much already ?
Mrs. Epps. Yes. . . i 4. i
Mr. MiTLER. In all good conscience, you are certain about that, be-
cause that is an important fact ?
Mrs. Epps. I know that is true. t ,
Mr. MiTLER. Did some of the children come to your boarding home
from other boarding homes ?
Mrs. Epps. Well, practically over a third of mine comes from
Mrs. Shockley's and Mrs. Cooper's.
Mr. MiTLER. In what physical condition did they arrive ?
Mrs. Epps. Well, the majority of them looked like refugees.
Mr. MiTLER. Would you go just a little closer to the microphone.
You say the majority looked like what?
Mrs. Epps. Looked like refugees.
Mr. MiTLER. Do you mean
Mrs. Epps. They were so undernourished.
Mr. MiTLER. Do you mean they had rickets ?
Mrs. Epps. They were undernourished and they w^ere not taken
care of.
Mr. MiTLER. What do you mean? Were the children the type of
children that were not looked after ?
Mrs. Epps. They had not been looked after and they had not been
bathed like they ought to have.
Mr. MiTLER. Everything that happened or that came from the juve-
nile court was not that bad, was it ?
Mrs. Epps. Xo. Miss Hamilton done a lot of good. She done bad,
but she had a lot of good points — swell guy.
Mr. MiTLER. But some of these practices, when you started to under-
stand them, discouraged you and you stopped working with the juve-
nile court ?
Mrs. Epps. Yes. I was keeping the children for the benefit of the
children. I was not keeping them for the benefit of the juvenile court.
Mr. MiTLER. Thank you.
84 JUVENILE DELINQUENCY
Chairman Kefauver. Are there any questions, Mr. Bobo?
Mr. Bobo. No questions.
Chairman Kefauver. Thank you-very much. Mrs. Epps,
Mrs. Epps. Thank you.
Mr. Harris. My name is Roy V. Harris. I am from Augusta, Ga.
With me is W. P. Congden. We are friends and attorneys represent-
ing Mr. Judge Woodward, and we would like the privilege, if it is
within the province of the committee, to cross-examine Mrs. Epps.
Chairman Kefauver. Sit down, Mr. Harris. Who is the other gen-
tleman with you ?
Mr. Congden. My name is W. P. Congden, C-o-n-g-d-e-n.
Chairman Kefauver. Where do you live, Mr. Congden ?
Mr. Congden. Augusta, Ga.
Chairman Kefauver. We are glad to have you here. Sit down.
Do you want to ask Mrs. Epps some questions ?
Mr. Harris. Yes, sir.
Chairman Kefauver. The committee can grant you that privilege,
but it depends. We want to give you a chance to ask any pertinent
questions. If it is going to take a long time, we would rather present
some other questions and let you come on later. Are there many ques-
tions that you want to ask Mrs. Epps ?
Mr. Harris. Just a few.
Chairman Kefauver. Mr. Harris, we have some witnesses who want
to get away this afternoon. I think that Mrs. Epps can stay. We
have 1 or 2 other witnesses, and then we can call Mrs. Epps back. You
can ask her the questions then. Is that all right with you ?
Mr. Harris. I have only 2 or 3 questions to ask. I do not think it
will take 3 minutes.
Chairman Kefauver. Very well. Mrs. Epps, you can come back
around.
Mr. Harris. Mrs. Epps, in 1951 the juvenile court refused to send
any more children to your place, did they not ?
Mrs. Epps. No.
Mr. Harris. They quit sending them there, anyway, did they not ?
Mrs. Epps. No.
Mr. Harris. About 4 years ago you went before the grand jury in
Richmond County and testified to the same things that you have
testified to here today, and they made a thorough examination, did
they not ?
Mrs. Epps. I do not know what they done.
Mr. Harris. You testified before the grand jury ?
Mrs. Epps. Yes.
Mr. Harris. You went before two different grand juries, did you
not?
Mrs. Epps. No.
Mr. Harris. Just one ?
Mrs. Epps. Yes.
Mr. Harris. And you do not know what the grand jury did?
Mrs. Epps. Nothing.
Mr. Harris. They did nothing ?
Mrs. Epps. That is right.
Mr. Harris. That is all I wanted to ask.
Chairman Kefauver. Call your next witness.
JUVENILE DELINQUENCY 85
Mr. MiTLER. I would now like to call Myrtis Hydrick.
Chairman Kefauver. Mr. Harris, would you and the gentleman sit
back there while the young lady testifies, and if you have any ques-
tions to ask afterward, you can do so.
Mr. Harris. Would this table be all right ?
Chairman Kefauver. Just sit back on the bench there.
(Whereupon, the witness was duly sworn. )
TESTIMONY OF MRS. MYRTIS HYDRICK, FORMER VOLUNTEER
WORKER, RICHMOND COUNTY JUVENILE COURT. AUGUSTA, GA.
Chairman I^fau\'er. Proceed, Mr. Mitler.
Mr. Mitler. You are Mrs. Myrtis Hydrick ?
Mrs. Hydrick. Yes, sir.
Chairman Kefauver. Are you Mrs. or Miss ?
Mrs. Hydrick. Mrs.
Mr. Mitler. What is your home address, please ?
Mrs. Hydrick. 2006 Clark Street, Augusta, Ga.
Mr. Mitler. What is your occupation ? Are you a housewife ?
Mrs. Hydrick. Yes, sir.
Mr. Mitler. How many children do you have ?
Mrs. Hydrick. Two.
Mr. Mitler. And is your mother Mrs. Epps ?
Mrs. Hydrick. Yes, sir.
Mr. Mitler. You have lived in Augusta most of your life ?
Mrs. Hydrick. Well, the same number of years she has. I do not
know exactly. I was small.
Mr. Mitler. While your mother was operating a boarding house on.
behalf of the juvenile court, did you do some voluntary work for the
Juvenile court?
Mrs. Hydrick. I did.
Mr. Mitler. Would you tell us generally about that. First, tell us
this : How old were you at the time you did that ?
Mrs. Hydrick. Worked for the juvenile court?
Mr. Mitler. Yes.
Mrs. Hydrick. I think I was about 21, maybe 22.
Mr. Mitler. That was up to about 5 years ago; is that right — 4
or 5 years ago ?
Mrs. Hydrick. Yes, about 5.
Mr. Mitler. How long did you work for the juvenile court ?
Mrs. Hydrick. Well, I think now — I'm not definite on the dates be-
cause I did not keep up with it, but it was around 2 years — volunteer
work.
Mr. MriLER. You did it as a service; is that right? You never took
any compensation for it, did you ?
Mrs. Hydrick. No, sir.
Mr. Mitler. What were your duties ?
Mrs. Hydrick. Well, I answered the telephone and I would do
errands for Miss Hamilton, and anyone that came in — I didn't talk
to them, but I did little things. It did not concern itself with any
personal business whatsoever. I just talked to them in general.
Mr. Mitler. You did general work for them ; is that right ?
Mrs. Hydrick. Yes. It was no secretarial work.
86 JUVENILE DELINQUENCY
Mr. MiTLER. Were there occasions when you went with Miss
Hamilton to the University Hospital in Augusta when she got
consents for adoption from mothers?
Mrs. Hydrick. Yes, sir.
Mr. MiTLER. Would you describe one of these occasions that we dis-
cussed? We do not have to give the girl's name, but I want you to
refer to the case where the girl's first name was Peg.
Mrs. Hydrick. Yes, sir. We went out and we were to get her baby.
She had just come out from anesthetic, but she was able to talk to us.
We went up, and she told me to go on up. She said she saw the
parents of the girl that had bore the child. She said she was going
to ask them did they want the baby.
Mr. MiTLER. Go slower.
Mrs. Hydrick. She would ask them if they wanted the baby. She
left me for a moment. I do not know where she went, but she met
me back up in the girl's room. She had a paper in her hand, and
she asked this girl that you called Peg to sign it. The girl did not
want to sign it. She said she wanted to read it.
Miss Hamilton told her no, that she could not read it, and she
wanted to know why. I do not know what she told her. She asked
me to go out and see if the baby was ready. When I came back, the
girl questioned me about her baby, but I did not tell her anything.
Mr. MiTLER. In other words, the girl was not given an opportunity
to see the paper, which was the consent for adoption?
Mrs. Hydrick. Only tlie bottom line that she was to sign.
Mr. MiTLER. Myrtis, do you recall an occasion when Miss Hamilton
came to your house and asked you whether you wanted to make $5.
Mrs. Hydrick. Yes, sir,
Mr. Mitler. You are not a lawyer?
Mrs. Hydrick. No.
Mr. Mitler. You do not understand the details of the law ; do you ?
Mrs. Hydrick. Xo, sir,
Mr. Mitler. When you did this, you did not understand exactly
what was happening; did you?
^Irs. Hydrick. No, sir. I did not even know that people adopted
babies like that.
Mr. Mitler. You did not know the manner in which it happened.
Mrs. Hydrick. No, sir.
Mr. Mitler. Would you tell us, and very slowly and clearly, just
what happened, step by step, on that occasion?
Mrs, Hydrick. She came by our house on Clark Street one morning,
and I had done some favors for Miss Hamilton. I was not as yet
working at the court — helping, you know. She came by there, and
she asked me would I do her a favor, would I go down with her.
She said she would give me $5 if I would do her a favor.
I told her that I would. She said, "I will explain it to you on the
way to town." I went with her. and on the way to town she explained.
Tliat was on the way to Judge Woodward's office. She told me on
the way down there that the
Mr. Mitler. Go real slow now.
Mrs. Hydrick. She said there was a welfare lady coining 'down
there, and she said she wanted me to talk to her and tell her that I
was the mother of a child that had been placed, I mean, I just took
JUVENILE DELINQUENCY 87
it all in what she said. She told me to tell this lady that I had met
the daddy of the child in a nightclub over in the valley and he had
promised to marry me. I was to say that he was in the service, which
was not true.
We went up to Judge Woodward's office, and he was standing there,
and the lady was there.
Mr. jNIitler. Excuse me. Judge Woodward knew you well then ?
A[rs. ITydrick. Yes, sir.
Mr. MiTLER. He knew your name ?
Mrs. Htdrick. Yes, sir.
Mr. MiTLER. Go ahead. Try to speak slowly.
Mrs. Hydrick. We went up to his office, and there was a secretary
sitting there. I do not know whether she was Judge Woodward's or
not. She was sitting there, and the lady was there. Miss Hamilton
introduced me as the child's mother, calling no names to Judge Wood-
ward.
Mr. MiTLER. A name was used, but you are not using the name be-
cause I asked you to leave it out for the sake of the child ?
Mrs. Hydrick. That is right.
Mr. MiTi.ER. You were introduced to Judge Woodward as if you
w^ere strangers ?
Mrs. Hydrick. Yes, sir.
ISIr. MiTLER. Go ahead.
Mrs. Hydrick. He was very courteous to me as if he had never seen
me before in my life. This lady came down, and, to tell you the truth,
I do not know what she asked me. All I know is I was supposed to tell
her what Miss Hamilton told me to, and I started rattling it off.
Mr. MiTTLER. In other words, you carried out your instructions
and you pretended to be this girl ?
Mrs. Hydrick. Yes.
Mr. MiTLER. Do you know where this lady was supposed to be
from ?
Mrs. Hydrick. She had been talking about a welfare agent from
California, but if this lady came from California I could not tell you.
I do not know.
Mr. MiTLER. In other words, the lady had apparently come there
to make an investigation ?
Mrs. Hydrick. Yes, sir ; about the baby.
Mr. Mitler. You were being brought in and you were pretending
to be the mother, whereas you, of course, were not ?
Mrs. Hydrick. No, sir..
Mr. Mitler. This was done to deceive ?
Mrs. Hydrick. Yes, sir.
Mr. Mitler. I think you have explained that you are not sure one
way or another whether you signed a piece of paper or not.
Mrs. Hydrick, No.
Mr. Mitler. You do not remember ?
Mrs. Hydrick. I do not remember. I do not recall signing any
paper. I just wanted to get out of there. That was all.
Mr. Mitler. Miss Hamilton offered and gave you $5 for doing
that ; did she not ?
Mrs. Hydrick. Yes, sir.
Mr. Mitler. Do you remember an occasion when you took a little
child to the airport ?
88 JUVENILE DELINQUENCT
Mr. Htdrick. I did not take the boy myself. I went with Miss
Hamilton. I was still helping at the court, and when she would go
on things like this, she would carry me with her a lot of times. She
took the child. The child could not have been over 5 years old. As
a matter of fact, I think it was a girl.
Mr, MiTLER. The point was that the child was put on the airplane
by herself ; is that right ?
Mrs. Htdrick. By herself; yes. She told me that the child was
going to Chicago and a nurse was going to pick it up and carry it
to its foster parents.
Mr. MiTLER. Do you remember an occasion when you were given
some checks to take care of the juvenile court? Try to speak real
slowly now.
Mrs. Htdrick. Are you referring to the 3 checks at one time?
Mr. MiTLER. Yes. Give us this word by word.
Mrs. Htdrick. Miss Hamilton got some mail that morning. She
had it rolled up. There were three checks. She put them on her. desk,
where I sat, to answer the telephone. She was doing something. I
could not honestly say if she signed her name to them, but if it had
not been made to her, I do not think she would have opened it. The
three checks were more or less signed and they were side by side. She
said, "I guess you know who this is from," pointing to one of the
checks.
I said, "No, ma'am."
She said, "It is from Dogey." That is the baby that my mother
kept that we did not know its name, and we just nicknamed it Dogey.
She asked me would I carry them to the bank and cash them.
I did. Wlien we got to the bank, two of them was on an outside bank,
and they had to be O. K.'d by the vice president of the bank, which
is now deceased. That was Mr. Otto W. Pope, The reason I knew
that they were from an outside bank is I had to go from the cashier,
where they cashed it, over to his desk to have it verified. I took it back
over.
They cashed it and handed me the mone3\ which amounted to
approximately $800 in cash. I took the money and paid some bills
of Miss Hamilton. I paid of couple of doctors for her, which I would
not call their names, and then I paid her light bill and her telephone
bill, and I am not sure of the other bills that I paid.
I carried the money back, and I gave it to her. She asked me,
though, when I went to give her the money, she said, "Do not let any-
body see you give me this money,"
I did not, I waited until the office was clear, and I handed the
money to her. I do not know yet how much it was.
Mr. MiTLER. You gave her the remaining amount ? •
Mrs. Htdrick. The remainder of the money.
Mr, MiTLER. I will let you tell the story, but first I would like to
highlight it. When you saw the boarding bills being made up and
false names being added to the boarding bills of the other boarding
mothers — in other words, names of children who were not staying
at Mrs, Cooper's or at Mrs, Shockley's but were being added by Miss
Hamilton
Mrs. Htdrick. Yes, she was typing them up,
Mr, MiTLER, You saw that?
Mrs. Htdrick. I saw her typing. I did not watch every name she
put down because I did not
JUVENILE DELINQUENCY 89
Mr. MiTLER. Your mother was keeping how many children at that
time?
Mrs. Htdrick. She had about 25. There were at least 23 at that
time because I had to call at one time and I told Miss Hamilton of
a mistake she made. She said, "I want you to help me on these board
bills now."
Mr. MiTLER. As a result of that, your mother was j^etting a certain
amount of money and keeping a lot of children, and two other ladies
were keeping very few children and getting just as much money?
Mrs. Hydrick. She told me 1 lady had 3. I took that on her word.
That lady got approximately over two-hundred-and-something dol-
lars. One lady had — I cannot recall the amount, but she had about
13, I think. I am not sure of the amount. I would not want that
figure printed. She got approximately the same amount as my mother
did, and my mother had 23 or 25 children.
Mr. MriLER. I have no further questions.
Chairman Kefauver. Mr. Bobo ?
Mr. BoBO. I have no questions.
Chairman Kefauver. Mr. Congden or Mr. Harris, do you have any
questions ?
Mr. Harris. Yes, sir ; we would like to ask some questions.
Chairman Kefauver. Go ahead.
Mr. Harris. Mrs. Hydrick, you also went before the grand ]ury in
Richmond County ; did you not?
Mrs. Hydrick, I did.
Mr. Harris. You told them about this same story; did you not?
Mrs. Hydrick. I do not know. You would have to ask them.
Mr. Harris. You also told them about cashing those three checks ;
did you not ?
Mrs. Hydrick. Yes, sir.
Mr. Harris. And do you remember that Mr. Jerry McAulitle, a
very distinguished gentleman of Augusta, was on the grand jury who
got up when you finished and told the grand jury that he sent those
checks from his sickbed in New York, from a New York hospital, to
Miss Hamilton to do with as she pleased and to spend as she sawfit?
Mr. Miti.er. I object to this effort to reveal confidential grand-] ury
testimony. I believe in every State the evidence before the grand
jury would be confidential. I know that the grand-jury testimony m
New York County is confidential. ^ir * t«
Mr. Harris. My answer to that is we got this from Mr. McAuiitte
after the grand jury was finished.-
Chairman Kefauver. He is making the question. We will give him
^^mS* Hydrick. I do not know Mr. McAuliffe, the Mr. McAuliffe
that you are talking about. j.- +1, +
Chairman Kefauver. Do you know anything about the question that
he just asked you ? t ^ i j .1
Mrs. Hydrick. I appeared before the grand jury and told them— —
Chairman Kefauver. I mean, he asked you about some man who
testified before the grand jury. .
Mr. Harris. Senator, he was a member of the grand jury.
2 a subsequent check of records established that Mr. 3 P. /. J^^^ > „^^,^^^"**;^i;?i^j^ond
March 19, 1051, and that the only time that Miss Hydrick testified before «ie Richmon^^
Poiintv B-rnnd iiirv was dnrin"- the spring term on June 7, 1951. It follows tliat since
Mr le'l-rf McAuMe was already decea'sed on June 7, 1951, he could not have served on the
grand jury that heard Mrs. Hydrick's testimony.
90 JUVENILE DELINQUENCY
Chairman Kefauver. Just a minute. He asked you about whether
you had any information about what somebody said about having
sent a check to Miss Hamilton. Do you know anything about that,
one way or the other ?
Mrs. Hydrick. Senator Kefauver, I have heard about that, but I
wouldn't say I heard it in the courtroom. It has been quite a while
ago. I have heard about that from somewhere, but I do not know
where it came from.
Chairman Kefauver. Is there anything else ?
Mr. Harris. I have one other question. You say that Mr. Otto
Pope had to countersign those checks before they could be cashed?
Mrs. Hydrick. All he had to do was put an OK on them.
Mr. Harris. You say he is dead '?
Mrs. Hydrick. That is the understanding that I have.
Mr. Harris. You did not know that he still operates an extension
of the bank in Augusta ?
Mrs. Hydrick. I beg your pardon. You told me to my face in court
that he was dead. I did not know he was dead, Mr. Harris.
Mr. Harris. AVell, he is still living.
Mrs. Hydrick. You did say he was dead. You were the one who said
it to me.
Chairman Kefau\-er. Whatever you said about him being dead you
got from Mr. Harris ?
Mrs. Hydrick. I said that Otto W. Pope OK'd the check. He
asked me at that time did I know that Otto W. Pope was dead. He
said that very thing himself. If the dead man comes back to life,
I am sorry.
Chairman Kefauver. If he is dead, Mr. Harris got him dead for
you?
Mrs. Hydrick. He certainly did. I do not know Mr. Otto Pope,
only that he saw the checks. I saw him that 1 day.
Chairman KErAU\^R. Do you have any other questions ?
Mr. Harris. He was very much alive when we left Augusta.
Mrs. Hydrick. He brought him back to life then.
Chairman Kefauver. Sit down for a minute. Let us see if there
is anything else.
Mrs. Hydrick. You can get that from the record. He told me that
man was dead. I did not know. He was trying to trick me. That
is what he w^as trying to do. He was trying to trick me in court.
Chairman Kefauver. Whether he is dead or not, he put a little
signature on the check ?
Mr. PIydric;k. He put an O. K. on the check. I saw him do it.
Chairman Kefauver. We will make an investigation of that.
Mrs. Hydrick. He tried to trick me to make a liar out of me, and
he could not do it. Now he is trying to trick me down here, and he can-
not do it.
Chairman Kefauver. You seem to be taking care of yourself all
right.
Mr, Mitler. I have one question. I was in Augusta about 2 weeks
ago, and you told me that something had been bothering you, and
you told me about this case where you were given the $5. Is that
correct ?
Mrs. Hydrick. Yes.
JUVENILE DELINQUENCT 91
Mr. MiTLER. And that was the first time you ever discussed that?
Mrs. Hydrick. With anybody, and it had been since, I would say,
late 1947 or early 1948. I had never told a soul, except, maybe, I told
my mother and my husband in the family. My brother, an attorney,
he did not even know it.
Mr. MiTLER. I thank you. I have no further questions.
Chairman Kefauver. Mr. Bobo ?
Mr. BoBO. No, sir.
Chairman Kefauver. Thank you, young lady, for your coopera-
tion.
Mrs. Hydrick. You are welcome, and I was very happy to ap-
pear.
Chairman Kefauver. We will take about a 10-minute recess.
(Recess taken.)
Chairman Kefauver. Mr. Mitler, who is your next witness ?
Mr. MiTLER. Mrs. Martin.
(Whereupon, the witness was duly sworn.)
TESTIMONY OF MRS. EVA MAKTIN, McBEAN, GA.
Chairman Kefauver. Proceed, Mr. Mitler.
Mr. Mitler. Mrs. Martin, your name is Mrs. Eva Martin ?
Mrs. Martin. That is right.
Chairman Kefauver. Just relax and talk loudly so that we can
hear.
Mr. Mitler. What is your address and where do you 1 i ve ?
Mrs. Martin. Well, I just moved from Augusta to McBean, Ga.
Chairman Kefauver. Where in Georgia ?
Mrs. Martin. McBean, Ga.
Chairman Kefauver. When did you move from Augusta ?
Mrs. Martin. About 3 months ago, in July.
Chairman Kefauver. How long did you live in Augusta ?
Mrs. Martin. Off and on all my life.
Chairman Kefauver. Is your husband living ?
Mrs. Martin. Yes, sir.
Chairman Kefauver. You and your husband have moved ?
Mrs. Martin. Yes, to McBean.
Mr. Mitler. Mrs. Martin, talk real slow because we want to get
every word you say. It will be important.
Mrs. Martin. I will do my best.
Mr. Mitler. You work in one of the mills in Augusta at the present
time?
Mrs. Martin. Yes, I do.
Mr. Mitler. And you have always worked very hard?
Mrs. Martin. I sure have.
Mr. Mitler. How many children do you have?
Mrs. Martin. I have two of my own now.
Mr. Mitler. In 1936 did you go down to the juvenile court with
your husband wanting to find a little child to adopt?
Mrs. Martin. I sure did.
Mr. Mitler. Tell us very slowly just what happened on that day
when you saw the little girl. Speak up good and loud.
74718 — 56 7
92 JXrVENILE DELINQUENCY
Mrs. Martin. I went down there to adopt a baby. I had just lost
my baby, and I did not think I would ever have any more. 1 wanted
a baby.
I went down there to this court, which I never had any connection
or dealings with before, never saw the people before. As I got off
the elevator and went down the hall, a little girl came to me and
said, "This is my mother." Why the child was there, I do not know.
Anyway, this child was there, and when I left we took the kid with us.
Mr. MriLER. The little child came up to you and put its arms around
you and wanted to belong to you, and you took the child ?
Mrs. Martin. Yes.
Mr. MiTLER. Did Miss Hamilton of the court give you permission
to do that?
Mrs. Martin. Yes, sir.
Mr. MiTLER. And then a short time later, did you go back and did
you get some papers that you thought were adoption papers ?
Mrs. Martin. 1 sure did.
Mr. MiTLER. Is that right?
Mrs. Martin. That's right.
Mr. MiTLER. And on the papers that you thought were adoption
papers did it state that the mother and father of this child were dead?
Mrs. Martin. Absolutely.
Mr. MiTLER. Did Miss Hamilton tell you that?
Mrs. Martin. Yes, told me that the parents were dead.
Mr. MiTLER. I ask you if this is the paper that you were given?
Mrs. Martin. Yes, it was. This is a copy of it. I have the original
papers.
Mr. MiTLER. You were given this paper and you thought it was an
adoption decree?
Mrs. Martin. I sure did.
Chairman Kefauver. Is there something confidential in it so that
it cannot be filed as an open exhibit ?
Mr. MiTLER. It can be filed as an exhibit, yes.
Chairman Kefauver. It will be marked as exhibit 17 under the
testimony of Mrs. Martin.
Mr. MiTLER. Actually, it is a temporary award of custody of a child,
and on that paper it states that the mother and father of the child
are dead ?
Mrs. Martin. That is right.
Mr. MiTLER. You say you thought this was an adoption decree ?
Mrs. Martin. I certainly did.
Mr. Mitler. And you thought it because you received a receipt ; is
that right?
Mrs. Martin. That is right.
Mr. Mitler. Would you produce the receipt ?
Mrs. Martin. I sure will.
Chairman Kefauver. Do you have a photostatic copy of it here,
Mr. Mitler ?
Mr. Mitler. Yes. I offer the photostatic copy of the receipt in
evidence. It says, "Received from Mr. H. M. Martin, $10, for adop-
tion of 1 child." It is signed by Judge H. A. Woodward, by B. L.
Hamilton.
(The exhibit referred to was marked "Exhibit No. 17," and is as
follows:)
JUVENILE DELINQUENCY
Exhibit 17
93
94
JUVENILE DELINQUENCY
aiiisixi p:i.r«!r:f s kwysvitii^^...
SIMM Q'M sm>»,?m
LesH?XB...eDMS'rx.,
^sjsUfi^st t<s !&« « fep« «a4 e«««!«* !;!35>y, sf ti3;8' order as
- - :^,...^:...^..:M^x.^^^£^
AMENDED OBIIIIR OF COURT
^«seS:«IA, E1CH»NB CeUKW;.
SN THE MATTES O*'
chiM uixiiS' »ixii><:!i vesu^- ;.S: sg<i
Ji«i«e ilweniie Cssrt, Kkh, Go
JUVENILE DELINQUENCY
95
Do you have the original ?
Mrs. Martin, That is right.
Chairman Kefauver. Let it be filed as exhibit No. 18.
(The exhibit referred to was marked "Exhibit 18," and is as
follows:)
Exhibit 18
Received of Mr. H. M. Martin ten dollars, for adoption on one child, Edna
James.
Judge H. A. Woodwaed.
By B. L. Hamilton.
Mr. MiTLER. In other words, the word was used right on the receipt
that it was an adoption ?
Mrs. Martin. Yes.
Mr. MiTLER. You paid altogether about $31 ?
Mrs. Martin. Yes, sir.
96
Jtn^ENILE DELINQUENCY
Mr. MiTLER. You now know that that was not an adoption decree
but just a temporary award of custody ? Do you know that ?
Mrs. Martin. No. I really thought it was adoption. That is what
I thought I was paying for. I thought that the child's name
Mr. Mitler. The important thing is you brought the child up and
you loved the child, and when the child got to be about 17 or 18, she
went out looking for working papers ; is that right ?
Mrs. Martin. She was married and she wanted to go to work,
Mr. Mitler. I was just going to highlight that point.
Mrs. Martin. And she had to have some papers. I did not know
whether to tell her to go to the board of health or not. When she went
down there, she did not have the information and they had no record
of her when she asked.
Mr, Mitler. She found out, as a result of all that, that her mother
was very much alive and living right in Augusta?
Mrs. Martin, That is right, all the time.
Mr. Mitler, And she met her own mother?
Mrs. Martin, That is right,
Mr, Mitler. Did that cause a terrible tragedy?
Mrs, Martin. Still has. We never felt the same toward each other
since.
Mr. Mitler. Did you learn from myself that the mother herself
had placed the child with the court and had been looking for the child
through these years also ?
ISIrs. Martin, Yes, I learned that,
Mr. Mitler. Was the birth certificate a year off' in age also, and did
that also cause a lot of complications ?
Mrs. Martin, That is right,
Mr, JMitler. And right now you are having a difficult time because
the girl is upset ?
Mrs. Martin, She does not know who to believe. She does not
know which way to go.
Mr. INIiTLER. Did vou also learn that the father was alive, the father
of the child ?
Mrs. Martin. Yes, I have learned that since she wanted her i)apers.
Mr. Mitler. Who made these arrangements with the juvenile court ?
Was it Miss Hamilton ?
Mrs. Martin. Yes,
Mr, Mitler. And Judge Woodward gave tlie temporaiy a^-ard of
custody ?
Mrs. Martin, Yes,
Mr. Mitler. I have no further questions.
Chairman KEFAL^^'ER, Mr. Harris, do you have any questions ?
Mr. Harris, No.
Chairman Kefaum^.r. Call your next witness, Mr. Mitler.
Mr. Mitler. I would now like to call Mrs, Parrish,
(Whereupon, the Avitness was duly SAvorn.)
TESTIMONY OF MRS. CALLIE MAE PARRISH, AUGUSTA, GA.
Chairman Kefalu'er. Just talk slowly and loudly so that we can
hear what you have to say.
Mr. Mitler. Mrs. Parrish, what is your full name ^
Mrs. Parrish. Callie Mae Parrish.
Mr. Mitler. Where do you live in Augusta ?
JUVENILE DELINQUENCY 97
Mrs. Parrish. 1744 Hicks Street,
Mr. MiTLER. How many children do you have ?
Mrs. Parrish. I have seven.
Mr. Mttler. Yon are the grandmother of how many children ?
Mrs. Parrish. Ten.
Mr. ]\IiTLER. And your children live in Augusta? Some of your
children live in Augusta and some live in different States?
Mrs. Parrish. Yes.
Mr. MiTLER. Do you have a daughter whose first name is Annabelle ?
Mrs. Parrish. Yes.
Mr. MiTLER. Did it happen about 2 years ago that Annabelle's hus-
band was murdered ?
Mrs. Parrish. He got killed.
Mr. MiTLER. He was killed ?
Mrs. Parrish. Yes, sir.
Mr. MiTLER. And at that time Annabelle had four children?
Mrs. Parrish. Yes, sir.
Mr. IMiTLER. And after that, she was upset and she did neglect the
children ?
Mrs. Parrish. Yes, sir ; she did neglect the children.
Mr. MiTLER. There is no argument about it, that somebody had to
look after those children while Annabelle was upset and not well ; is
that correct?
Mrs. Parrish. That is correct.
Mr. MiTLER. You know that on one occasion Annabelle was warned
about her house being untidy in the project in Augusta by the juvenile
court ? Do you know that ?
Mrs. Parrish. Yes.
Mr. MiTLER. Several months later, in September of 1954, did there
come a time when the four children were brought to your house?
Mrs. Parrish. Yes, sir.
Mr. MiTLER. There were how many girls ?
Mrs. Parrish. There were 2 girls and 2 boys.
Mr. MiTLER. And a friend of your daughter brought them to your
house?
Mrs. Parrish. Yes ; that is right.
Mr. MiTLER. On that same day, did you learn that Annabelle had
been arrested for drinking ?
Mrs. Parrish. I did not know it until tiiey had called Miss Hamil-
ton. I do not know who called her.
Mr. MiTLER. But she was arrested for drinking ?
Mrs. Parrish. Yes.
Mr. MiTLER. I did not mean to interrupt you. However, that is
a fact, is it not ?
Mrs. Parrish. That was a fact. That was tlie first time of me
knowing
Mr. MiTLER. The children came to your house on that day, and they
were there for a while before someone came ?
Mrs. Parrish. They were not there too long. She brought them
there I imagine about 4 : 30.
Mr. MiTLER. ^^^o came afterward to take the children away from
your house?
Mrs. Parrish. Miss Hamilton and a policeman.
98 JTJVENILE DELINQUENCY
Mr. MiTLER. Would you describe exactly what happened there at
the liouse ?
Mrs. Parrish. Well, when they come to get them, these kids went
to crying and screaming. Her baby was not but 11 months old. She
said, "Ma"— that is what they all called me. She said, "Ma, don't
let them take us all. Where are they going to carry us?"
I said, "I can't help what they do, Sugar." I said, "I'll see if you
can stay here."
I said, "Miss Hamilton, I have got the kids. Will you leave them
here with me?''
Mr. MiTLER. Please go real slow now.
Mrs. Parrisii. She said, "No, Mrs. Parrish. I cannot leave them
here. I have got to take the children."
She brought a policeman with her to get the children. The children
cried, and she took them on out. I have never seen and never knowed
where 1 of the 4 is at.
Mr. MiTLER. About a week later, did you go to the juvenile court
when there was a hearing?
Mrs. Parrish. Yes, I went to court.
Mr. MiTLER. After that hearing, were the children taken away
permanently from your family?
Mrs. Parrish. Yes, they took them.
Mr. MiTLER. Mrs. Parrish, you did tell the court that you were not
able to take all of the children; is that right?
Mrs. Parrish. That's right. In fact, my husband would not agree
for me to take them all.
Mr. MiTLER. But, were you prepared and did you say that you
could take some of them and the rest could be absorbed in the family?
Mrs. Parrish. Yes.
Mr. MiTLER. There is no question about that?
Mrs. Parrish. That's right.
:Mr. :Mitler. The records will reflect that you said definitely you
could not take all of them ?
Mrs. Parrish. Yes, that is what I said.
Mr. MiTLER. But what was your feeling about having them taken
away forever from your family?
Mrs. Parrish. Well, I didn't approve of it and thought that T could
not do anything about it. That is the way it was. I called Miss
Hamilton I don't know how many times. She refused to talk to me
at anytime.
I said, "Miss Hamilton, I will talk to you at any time anywhere."
I called her on a Sunday. I said, "Miss Hamilton, I want to know
when is yisitinir hours to see the children."
She said. "We do not have visiting hours."
I said, "You do not?"
She said, "No."
I said, "Well, you have had them down there for I don't know how
loner, and I haven't seen them."
Mr. MiTLER. You have not been able to locate the children?
Mrs. Parrish. No, I could not locate them,
Mr. MiTLER. I just wanted to highlififht this. Your daujrhter was
supposed to have been drinking and that is one of the reasons that
they took the children away?
JUVENILE DELINQUENCY 99
Mrs. Parrish. That was the reason they took them. That was the
first time.
Mr. MiTLER. Did. you learn that one of those children went to a
man who was Joseph (Red) Sherling, an alcoholic and who died
shortly thereafter? His case was considered in exhibits 11, 11a, and
lib.
Mrs. Parrish. I know they haven't told me anything.
Mr. MiTLER. But did I tell you ?
Mrs. Parrish. You told me that yourself.
Mr. MiTLER. And that was placed there by the juvenile court
through Judge Woodward ?
Mrs. Parrish. Yes. I called — I started to tell you about this and
you interrupted me. I called Miss Hamilton that Sunday morning.
I don't know, but Mr. Woodward might have been at church. Some-
one at his home answered the phone, and I said, "Can I speak to the
judge?"
They said, "Yes."
Well, when he come to the phone, he said, "Hello."
I said, "Hello, Judge. This is Mrs. Parrish."
He said, "Yes."
I said, "Judge, when can we go to see the grandchildren ?"
He said, "How come you have called me ?"
Mr. MiTLER. Mrs. Parrish
Chairman Kefauver. Let her go ahead.
You say you were talking with the judge. How do you know you
were talking to him ?
Mrs. Parrish. I was talking to the judge. They called him. He
said, "How come you have not called Miss Hamilton ?"
I said, "I just called her and she hung up on me, and I got you."
He said, "What did she tell you ? "
I said, "She said, 'Call the judge and he will give you information.' "
When I called the judge, he said, "Mrs. Parrish, do you know two
of the children is adopted out ?"
I said, "No, I don't." I said, "I never seen any of them. I can't
get on the trail where they are at. I can't talk to get to Miss Hamilton
at all."
He said, "Well, Miss Hamilton should have done told you that
instead of keeping you on the spot."
I said, "Well, I'm sorry," and I choked up and I couldn't talk to
him any more.
Mr. MiTLER. Did you tell me that you stayed awake almost through
the night thinking about these children ?
Mrs. Parrish. Yes. I could not sleep half of the time.
Mr. MiTLER. I have no further questions.
Chairman Kefauver. Are you in a position to take care of some
of the children, two of them ?
Mrs. Parrish. Yes, sir. If I can get them, I will take all of them.
My husband said that if I could get them, to bring them all home.
Chairman Kefauver. At the time they were taken away from you,
were you in a position to take care of some of them ?
Mrs. Parrish. Yes. I could take them, but, you see, I had 7, and
my husband told the Judge that I wasn't able to take care for the 4.
They were so little. I said, "Well, I'll try my best if I fall on the
floor trying."
100
JUVENILE DELINQUENCY
He said that if I could oret the children, to bring them all home to
our home. If I can get the kids, I would take them home at my home.
Chairman Kefatjver. Mr. Harris or Mr. Congden, do vou have any
questions? ^ ^ j j
Mr. Harris. I have one question.
Mrs. Parrish, when you were down before Judge Woodward, you
wanted the children but your husband did not want them : is that not
correct ?
Mrs. Parrish. He said we could not take them all at one time be-
cause he was not^ able to take care for the whole works.
Mr. Harris. Your husband is retired and the family is livino- on
social security ; is that correct ? *'
Mrs. Parrish. Who ?
Mr. Harris. Is your husband retired ?
Mrs. Parrish. My husband ?
Mr. Harris. Yes.
Mrs. Parrish. My husband works every day.
Mr. Harris. Anyway, he objected to taking the children and he
said that you would not be able to take care of them ?
Mrs. Parrish. I said that he said we could take some then and some
of the other children would go w^ith the other relatives. We did not
w^ant them to split up.
Mr. Harris. Is it not true that he said you were not able to take
them and he objected to raising two families ?
Mrs. Parrish. He said he would let the oldest little boy there that
night
Mr. Harris. My question is, though, What did he tell Judge Wood-
ward when you appeared in the court ? Did your husband say that
you could not take them ?
Mrs. Parrish. He said we could not take them all.
Mr. Harris. Did he not say that he could not take any of them?
Mr. Parrish. No. He said that we could take care of them but I
was not able to take the four children. He said that if he could get
them he was willing to take the four kids to our home right today.
Mr. Harris. That is now. He has changed his mind ?
Mrs. Parrish. No. He said he wanted them all in the family. I
said that we could take part of them and we could have part of them
in the family. I got married daughters that would take them. I have
a niece that said we could keep them in the family providing they
would give them to us.
Mr. Harris. Is it not true that the juvenile court judge spent 3
weeks trying to get you, your husband, and other members of your
family to take these children ?
Mrs. Parrish. No, indeed.
Mr. MiTLER. Was I seated in your house when members of your
family from Savannah and from Louisiana stated that they
Mrs. Parrish. That was my oldest daughter.
Mr. Mitler. I did not finish my question. Was I seated in your
house when members of your family from Savannah and from Loui-
siana stated that they would have been prepared to help out?
Mrs. Parrish. Every one of them said they were willing to help
out.
Mr. Mitler. In any event, do you think they should have been
boarded out for a while until the parental rights were terminated?
JUVENILE DELINQUENCY 101
Do you think they should have been kept in a boarding home for a
few weeks until a plan was worked out ?
Mrs. Parrish. Yes. I even asked Judge Woodward that Saturday
morning. Miss Hamilton told me about a woman having as many
as I got, or maybe one more. I have 7 and the woman had 7 or 8.
She told me that they took the whole works. She said, "Mrs. Parrish,
the girl made a wonderful family. The girl is married now and got
1 or 2 children, and she is wonderful. We have raised them to be a
wonderful bunch of children."
I said, "Miss Hamilton, if you will not give me the kids, don't
adopt them out. Will you put them in a home, and we will go by
and help out and we will come by and see them and do what you
all say r'
She said, "No, we can't do that."
Chairman Kefauver. Do you know what happened to the children ?
Do you know where they are ?
Mrs. Parrish. I do not know. I have not seen a one. I can't get
nothing. I do not know anything. I have not seen them since they
took them out at 7 :15 on the Saturday night.
Chairman I^FAm^ER. You do not know whether they are in Georgia
or not ?
Mrs. Parrish. I do not know where they are.
Chairman Kefauver. Thank you.
Call your next witness.
Mr. MiTLER. Judge Woodward.
(Whereupon, the witness was duly sworn.)
TESTIMONY OF JUDGE HARRY A. WOODWARD, JUDGE OF THE
JUVENILE COURT OF RICHMOND COUNTY, AUGUSTA, GA. ; ACCOM-
PANIED BY COUNSELS, ROY HARRIS AND WILLIAM CONGDEN,
AUGUSTA, GA.
Chairman Kefauver. Judge, do you have any preliminary state-
ments that you want to make ?
Judge Woodward. Yes. I would like to touch on this case right now
while it is familiar before the committee that he brought up. May
I do that or is that out of order ?
Chairman Kefauver. You can proceed in any way that you want
to. You can talk about any matters brought up here in your own way.
Judge Woodward. This
Chairman Kefauver, You are talking about Parrish ?
Judge Woodward. I am talking about her grandchildren. It is a
little worse than Mr. Mitler pretends it was. It was worse than her
just getting a little drunk. She was running
Mr. Mitler. Pardon me. Please talk into the microphone.
Chairman Kefaitv^er. First, Judge Woodward, for how long have
you been the judge of the juvenile court ?
Judge Woodward. Thirty-three years, since 1923.
Chairman KEFAU^'ER. You are now the judge of the juvenile court?
Judge Woodward. Yes.
Chairman Kefauver. How are you selected? Are you elected, ap-
pointed, or how do you get to be the judge of the juvenile court?
102 JUVENILE DELINQUENCY
Judge Woodward. I am appointed by the judges of the superior
court for a 6-year term.
Chairman Kefauver. The superior court is the trial court ?
Jud^e Woodward. Yes, sir, the major court in our jurisdiction.
Chairman Ivefauver. Is there just 1 superior court judge or are
there more than 1 ?
Judge Woodward. There are two.
Chairman Kefauver. You are appointed by them for periods of
6 years ?
Judge Woodward. Jointly, yes.
Chairman Kefauver. What is the compensation? Wliat is the
salary ?
Judge Woodward. The salary is $5,020 a year.
Chairman Kefauver. $5,020 a year ?
Judge Woodward. Yes.
Chairman Kefauver. Is it supposed to be a full-time job t
Judge Woodward. No. Juvenile court in Fulton County is the
only full-time court. I am permitted to practice law in my court and
take any case tliat I want to take unrestricted.
Chairman Kefau\t:r. Is that by law ?
Judge Woodward. That is my appointment and by law. Every
judge practices in Georgia.
Chairman Kefau^-er. Except you cannot practice in any manner
connected with your own court ?
Judge Woodward. In my own court — it may be connected, but if
it goes to another court tliat has exclusive jurisdiction, then I can
handle that case.
Chairman Kefauver. For liow long has Miss Hamilton been
Judge Woodward. She just retired about a month ago. She had
been there 25 years and 9 months at the time of her retirement.
Chairman Kefauver. What was her title ?
Judge Woodward. She was the chief probation officer. She did all
the placement of children and was secretary of the court.
Chairman KefauvI':r. How often does the court meet?
Judge Woodward. We meet with great frequency.
Chairman Kefauver. What is that ?
Judge Woodward. We meet with great frequency ; nearly every day.
After the casework has been done and a complete investigation has
been made and we think we ought to bring it to a head, we have a hear-
ing. We think that it should be held for the child's benefit as quickly
as possible so that he may receive rehabilitation. It may be held on a
Tuesday, but on Saturday the bulk of our cases are heard.
Chairman Kefauver. You do not have any regular time for meeting
except on Saturday '( You always meet on Saturday ?
Judge AYooDWAiiD. We always meet on Saturdays at 11 o'clock.
Chairman Kefauver, What is the jurisdiction of the juvenile court?
Judge Woodward. Up to the age of 17 years.
Chairman Kefauver. It has either concurrent or exclusive jurisdic-
tion in connection with matters of adoption ?
Judge Woodward. I have no power of adoption. It is not in my
court whatsoever. It is exclusively in the superior court.
Chairman Kefauver. What is the jurisdiction of your court?
Judge Woodward. On what matters ?
JUVENILE DELINQUENCY 103
Chairman Kefattver; In connection with children.
Judge Woodward. I have a code liere and I could read it exactly.
Chnirman KEFAtnER. Do not bother readinp; it. Just tell us about
Judge Woodward. All neglected children, dependent children, de-
linquent children, up to the age of 17, and abandoned children.
Cliairman Kefauver. Judge W^oodward, you were telling us some-
thing about the Parrish case when I interrupted you.
Judge Woodward. Yes, sir. The Parrish case was what I was talk-
ing about. We had a report back in May that she was out during the
late hours at night and leaving the infants by themselves. They cried,
and we begged the mother to come home. Anyway, when that case
came up for hearing, we had the mother come in. It is the custom to
give every mother a chance to rehabilitate herself. It is not as pre-
liminary as it may appear. On May 1 we put her under probation
and we said, "Keep your children. You work with Mr. Lee, my proba-
tion otHcer, and Miss Hamilton."
She then began to go into Club Reo, a notorious place in Augusta,
and she was begging drinks of liquor. I guess you would call it pan-
handling. There was nothing good about her. She was not worthy
of having her children after this chance she had. There were further
complaints that were coming in, and she was just neglecting them ter-
rifically. We had the grandmama and the grandfather down to court,
Mr. and Mrs. Parrish. We begged them. We urged them to take
care of the grandchildren.
Mr. Parrish said, "I reared one family. I will not rear another
family."
I said, "Well, you get social security from the deceased father of
the children. That would help you."
He said, "No, I am not going to have them. I won't take them."
About 3 weeks later, I summoned them on a Saturday to come to
court, thinking that possibly the grandfather had relented. He had
not. He was still adamant. He said, "I won't have them, and that's
all there it to it."
I said that I had no alternative but to place these children out for
adoption, which I have done.
Chairman Kefauver. Mrs. Parrish, the grandmother, said that she
was there with you and with her husband, and she stated that the
mother could not take them all, but that she would take part of the
children and the rest of them could be placed out, possibly with other
members of the family.
Judge Woodward. That is the first thing that I heard about it.
This is the first time I heard that. Today is the first time I heard
it. We would have been glad to do it. We always hunt for collateral
kin. We insist on it if we can find kin who are capable and who are
willing to take the children. We want them to stay with blood kin,
if possible. It is my duty to the child to see that it gets a home,
and I try to get the best one I can. I will not raise a child in an in-
stitution.
Chairman Kefauver. Mr. Mitler, do you want to ask any ques-
tions about the Parrish matter before he goes on to something else?
Mr. Mitler. Yes.
Chairman Kefauver. Proceed.
104 JUVENILE DELINQUENCY
Mr. MiTLER. Was there a little redheaded child, one of the children,
Doreen ?
Judge Woodward. I could not tell you that to save my life — the
description of the child.
Mr. MiTLER. Do you know a Mr. Scherling in Augusta ?
Judge Woodward. Mr. Scherling had a child placed with him.
Mr. MiTLER. Did you know Mr. Scherling ?
Judge Woodward. Yes, indeed.
Mr. MiTLER. What color is Mr. Scherling's hair ?
Judge Woodward. It was red.
Mr. MiTLER. What color was the hair of the child ?
Judge Woodward. I do not know, I wish I could remember.
Mr. MiTLER. Was it not a redheaded child ?
Judge Woodward. I do not know. I told you that.
Mr. MiTLER. While you were judge of the juvenile court, were you
also one of the attorneys for Mr. Scherling ?
Judge Woodward. Yes, I was his attorney. I am not, as you de-
scribed, the executor of their estate. I represent the administratrix
now, his daughter. I do not know where you got the information — I
do not know where you got the information that I was the executor
of their estate.
Chairman Kefauver. I think he said that you represented the
executor of the estate.
Judge Woodward. I thought he testified that I was the executor,
which is not true, of course.
Mr. MiTLER. Mr. Woodward, did you know that in NoA'ember — ? —
Chairman Kefauver. It is Judge Woodward.
Mr. MiTLER. Excuse me. Did you know that Mr. Scherling was
an alcoholic ?
Judge Woodward. He had been a drinker, but in my understanding
and from knowing him as I did he had reformed and he was trying
to rehabilitate himself and he was. He enjoyed a good reputation and
he joined the church.
Mr. MiTLER. Do you know that on November 27, 1953, his family
physician had refused to go out to the motel any more because of the
chronic drinking ?
Judge Woodward. No, I do not know that.
Mr. MiTLER. But you were fairly close to Mr. Scherling ?
Judge Wf>ODWARD. No, not close. I admit that we were not close.
We were not intimate socially.
Chairman Kefauver, What kind of cases did you handle for him.
Judge Woodward ?
Judge Woodward. I handled some land cases. As a matter of fact,
about a month before he died we were negotiating a deal where he
could sell about 200 acres of his land out there — no, it was 440 acres
of his land for $200,000. We could not agree upon the amount of the
earnest money, and the deal fell through. It was to be bought in
parcels of 40,000 a year for 5 years.
Mr. MiTLER. Mr. Scherling was about 55 years old ?
Judge Woodward. Yes.
Mr. MiTLER. His wife was 31 ?
Judge Woodward, I guess so, about that age.
Mr. MiTLER. Had you ever heard it said that his motel was known
as a hot pillow motel ?
JUVENILE DELESTQUENCY 105
Judge Woodward. I do not know what a "hot pillow" means.
Mr. M1T1.ER. That means a hotel where the rooms are used 4, 5, and
6 times a night by couples who come in to have sexual intercourse.
Judge AVooDWARD. No, I never heard of that being
Mr. MiTLER. Do you not know that this is a common knowledge
in Augusta ?
Judge Woodward. It may be, but I have no knowledge of that. He
lived in a fine house. Have you been there ? It is up on the hill.
Mr. MiTLER. No, but I have discussed it with many people. I dis-
cussed the nature of the hotel with 40 or 50 people.
Judge Woodward. Maybe so.
Mr. MiTLER. Mr. Scherling was a sick man during the latter part
of 1954, was he not ?
Judge Woodward. I think he was in and out of liospitals, yes.
Mr. MiTLER. You know as a member of the community that many,
many people want children for adoption ; is that correct ?
Judge Woodward. That is correct.
Mr. MiTi-ER. Did you ])lace a child in ISIarch of 1954 in the Scherling
home in your capacity as a juvenile court judge? I refer to a little
boy.
Judge Woodward. I do not know whether it was March or not, but
I placed a child there.
Mr. ^IiTLi R. Did you place tlie child in your capacity as the juvenile
court judare in the State of Georgia ?
Judge Woodward. Yes, sir. If you will tell ine the child — I do not
remember mucli. I would have to have a record. I think if you can
refer to me, I may have some knowledge of it.
Mr. MiTLER. In anv event, there was a first child that you placed in
there in 1954?
Judge Woodward. Was that a boy or a girl ?
Mr. MiTLER. The name of the child was Leonard.
Judge Woodward. Yes, I remember the child now.
Mr. MiTLER. Do you see anything inconsistent in your being the
private attorney for Mr. Scherling and then placing a child with him
in your capacity as juvenile court judge ?
Judge Woodward. No, I do not think that is inconsistent at all.
Mr. MiTLER. Turning to the Parrish case, did you also place Anna-
belle Parrish's little girl in the Scherling home ?
Judge Woodward. That is right.
Mr. MiTLER. Had Mr. Scherling and liis wife asked you before they
received the child for a cute little redhead beforehand ?
Judge Woodward. I don't recall that. I know they wanted a child.
Mr. MiTLER. Do you have any memory of their saying months be-
forehand that they wanted a cute little redhead ?
Judge Woodward. No, I do not. I do not remember that.
Mr. MiTLER. As a matter of fact, you had contact with the Parrish
case several months before parental rights were terminated; is that
correct ?
Judge Woodward. About 4 or 5 months before they were on i)roba-
tion. She failed completely. Her children
Mr. MiTLER. In any event, you placed this little child with Red
Scherling some time in 1954 ; is that right ?
Judsfe Woodward. That is right.
106 JUVENILE DELINQUElSrCY
Mr. MiTLER. Did you get complaints that the drinking and the
conditions m the Scherling home were adverse to the interest of the
child ?
Judge Woodward. Just a minute. I will give you a little disserta-
tion on that. The child who was placed for adoption in March— you
have to file these adoption petitions with a conformed copy. The
judge of the superior court directs that this copy be sent to the State
department of public welfare, and that within 75 days they must make
it known — they must make known the investigation report in writing
to the judge of the superior court, who has that case before him.
Wlien the interlocutory hearing came up 75 days thereafter, presum-
ably he had to report because if he does not have the report he says
that you have an unfavorable re]:)ort here. He makes no mention.
A favorable report was there and he proceeded to sign the inter-
locutory decree, showing that the home was approved by the State
department of public welfare after the 75 days of investigation.
Mr. MiTLER. In any event, you placed the child with your clients,
the Scherlings, and then you a]ipeared as their private attorney be-
fore the superior court in Richmond County?
Judge Woodward. Yes, sir.
Mr. MiTLER. Do vou see anvthiiig at all possibly inconsistent in
that?
Judge Woodward. Xothing at all. The judges of the superior court
know that I practice in all courts. I handle adoptions even though
they might emanate from the juvenile court.
Mr. MiTLER. From yourself personally ?
Judge Woodward. No, not myself ]:)ersonally.
Mr. MiTLER. Did you not exercise your judgment when you placed
the child with the Scherlings?
Judge Woodward. Yes.
Mr. MiTLER. And then, after having exercised your judgment, you
appeared as their private attorney before another court?
Judge Woodward. It does not matter how well we think we have
made a placement. It is checked and double-checked by another
agency, and if we are wrong in it, they will discover it and report it
to the superior court judge, and he will not grant the adoption. He
will grant you a hearing because he cannot proceed ex parte. He
just cannot read the unfavorable report and deny you the adoption.
He has to tell you that he got the unfavorable report, and you ask for
a hearing. Really, we never, never see the report at all. It is treated
with the utmost confidence between the department of public welfare,
an agency that is completely diffei-vTnt and separate from my own
child-placing agency, and then the hearing comes up.
Mr. MiTLER. Is it not a fact that several months after the second
child was placed with the Scherlings, Mrs. Scherling ran off with a
soldier and $2,500, and the 2 children were returned and Mr.
Scherling died several weeks later?
Judge Woodward. Yes.
Mr. Mttt.er. Is that not a fact?
Judjre Woodward. That is substantially correct, but not entirely.
Mr. MiTLER. And about five days before he died, did another client
of yours die with whom you had placed a child just at about the same
time?
JUVENILE DELINQUENCY 107
Judge Woodward. I do not know, but I will say this: There are
natural casualties, as you well know. A young man may die and
have six children of his own. I certainly did not kill him.
Mr. MiTLER. I will show you the two wills, and I will ask you
whether in both these cases you not only placed the children with these
couples but that you appeared as either executor or in some other
capacity in these wills and that both of these couples, both of these
persons, died within a matter of five days ?
Judge Woodward. I would want to look at them. In this case
here— may I comment on it ? I will call this — he is dead. That is
Moree
Mr. MiTLER. Do not use the name.
Mr. Sherling did not have
Judge Woodward. Mr. Moree is dead. He died about nine months
ago with a heart attack. He filed this petition for adoption.
Mr. MiTLER. Did you play some role in the will. Judge Woodward?
Judge Woodward. Sir ?
Mr. MiTLER. What is your connection with that will ?
Judge Woodward. I am with the National Bank as an executor.
Mr. MiTLER. What is your connection ?
Judge Woodward. I am the attorney for the executor.
Mr. MiTLER. Did you place the child with that couple ?
Judge Woodward. It is not a couple. He was a bachelor, but he
was more than 10 years older than the child. *He was going to adopt
it, and the child was 15 years of age. The child was sent to a boarding
school by him long before he attempted to adopt the child. That is
when it was about 12 years old. She was 16 or 17 then, and she was
just about to complete high school. The money is left to her under
trust so that she can finish her education.
Chairman Kefauver. Let me see if I can get this straight. You
were the attorney who got up the will for this bachelor, and as Juvenile
Court Judge you granted him the custody of the child for adoption;
is that correct?
Judge Woodward. Do you mean the Moree one that I was just
talking about ?
Chairman Kefauver. Yes.
Judge Woodward. No, no. Let me see how that occurred. I have
a very poor memory, really. I think he was a guardian or he was
appointed guardian of this child. I cannot recall the details. If you
have it there, Mr. Mitler, you can refresh my mind.
Chairman Kefauver. If you spent time with the man
Judge Woodward. Sir?
Chairman Kefauver. You placed the child with this man, whether
as guardian or foster father or whatever it might be.
judge Woodward. He had this child's custody as a guardian for
a long time, and he was sending the child to school. She is in a school
now. He was her guardian long before he said he wanted to adopt
her so that she would be his heir.
Mr. MiTLER. Did you award guardianship to this man?
Judge Woodward. That does not come through the Juvenile Court.
That is in the Court of Ordinary.
Mr. Mitler. Did you award temporary custody to him?
Judge Woodward. No.
74718—56 8
108 JUVENILE DELINQUENCY
Mr. MiTLER. But in any event, in the Slierling case that did happen ?
You did place the child and you did play a role in the will ?
Judge Woodward. Yes, that is right.
Mr. MiTLER. In any event, Mr. Slierling was about 55 years old
at the time of placement ?
Judge Woodward. Just about.
Mr. MiTLER. Do you think that is a suitable age in view of all these
young couples in Augusta and thereabouts who are eager to adopt
children?
Judge Woodw^vrd. The child was about 5 or 6 years of age.
Mr. MiTLER. How old was the child 'i
Judge y\\)ODWARD. I think the child was 4 or 5. Look it up. Do
you mean I^eonard t
Mr. MiTLER. I am talking about Doreen.
Judge Woodward. I do not know how old she was.
Mr. MiTLER. You placed the child. It was only about a year ag(\
.Tudge Woodward. You have it there. I imagine
Mr. MiTLER. She was about 3 years old.
Judge Woodward. Well, I think that is all right.
Mr. MiTLER. You think there is no problem in the fact that Mrs.
Sherling was 24 years younger than Mr. Sherling 'I
Judge Woodward. Well, I do not know as I consider that a real
problem. I think it is no problem if I think the family is doing nil
right and making good and trying to make gocxl. Why not the
placement ?
Mr. MiTLER. Let us turn to the other I^ii-rish child.
Judge Woodward. Which one ?
Mr. MiTLER. The child that went to a couple who live in Florida.
Do you recall the testimony of the attorney?
Judge Woodward. Yes.
Chairman Kefauver. I did not understand that. In this case when
you filed it for adoption, the adoption papers in the Superior Court,
the papers for this child that went to Mr. Sherling for one of the
Pari'ish children, how much of a fee did you charge. Judge Woodward ?
Judge Woodward. Which case was that? Do you mean the
Scherling case ?
Chairman Kefauver. Yes.
Judge Woodward. $150 and costs.
Chairman Kefauver. $150 and costs ?
Judge Woodward. Yes.
Chairman Kefauver. I want to ask you again, Judge Woodward,
this question : You do not feel that you placing the child with some-
body and then later handling the case for adoption is inconsistent?
Judge Woodward. No, sir, I do not. The judges of the Superior
Court, when that adoption comes, they scan the petition. They see the
cost of the placement. When that child leaves
Chairman Kefau\t:r. I am talking about inconsistency on this
basis : Suppose you have two couples with whom you can place the
child. We have to figure all the frailties of human nature. One is a
client of another lawyer and one is your client.
Judge Woodward. One was with whom ?
Chairman Kefativer. One was the client of another lawyer and one
was your client. Do you think that you can use free judgment in
deciding between couples with whom you are going to place the child
JUVENILE DELINQUENCY 109
when one couple is a client of yours and you are going to handle their
adoption and another couple might apply through Mr. Harris or might
apply through some other lawyer ?
Judge Woodward. They do with great frequency employ other
lawyers. Mr. Norman and Willard Ham just adopted two through
my court. Mr Henry Hefferman, the president of the Bar Asso-
ciation, had two through my court. Mr. Harris Stein has come
through my court. These were all placed through my court. They
choose the lawyer they want.
Chairman Kefauver. I am talking about when they file the later
papers for adoption with the Superior Court.
Judge Woodward. When I do the placing ?
Chairman Kefauver. In any event, you saw these files here and
you saw this chart over here. Let us get it up. That would be the tot^al
number of petitions for adoption in Richmond County filed by
Juvenile Court Judge Woodward. It would appear that over a period
of years, 15 years, you have handled upward of 50 percent of all the
petitions for adoption.
Judge Woodward. You did not find out how they origmated. Most
of the placements, many of them, are stepfathers, adopting step-
children. That never reaches the court. Many of them are like this,
cases where a child has been abandoned for 15 years. That does not
reach the Juvenile Court. You can make your petition directly to
the Superior Court asking that the court— it is in the same action—
dec! are the child an abandoned child.
Chairman Kefauver. But a big percentage of these did come by
the decree of your Juvenile Court ? . . , , ., .
Judge Woodward. I do not know what percentage it is, but it is
Chairman Kefaumsr. You looked over the records, Mr. Mitler.
About what percentage did you find ?
Mr Mitler. I know that I have examined close to 120 cases that
are out-of-State cases, and I can state in each and every one of those
cases the placement was made by Judge Woodward. I cannot state
the overall percentage because after 1941 those records were^ not avail-
able. I do know that every person I interviewed outside ot the State
of Georgia who had received a child had had it placed througti the
juvenile court, and Judge Woodward had acted or claimed to have
acted as private attorney.
Chairman Kefauver. Judge Woodward, how many lawyers are m
Richmond County? . . .. t^ • -u ^ mo
Judge Woodward. About 90. I am estimating it. It is about lUU
or 90.
Mr. Harris. About 100. ,
Judge Woodward. But the population is a great deal more tnan
was testified here todav.
Chairman Kefauver! What is the population?
Judge Woodward. The metropolitan area is how much^
Mr. Harris. Over 100 000.
Chairman Kefauver. That is the metropolitan area^
Mr. Harris. Over 100,000. It is about 200,000 in the metropolitan
area
Chairman Kefauver. Do you not think there might be some incon-
sistency in this way also, judge Woodward: That if you make a
110
JUVENILE DELINQUENCY
placement, your professional reputation as a judge is getting that
placement sustanied so that you might not be very unbiased in your
position to say whether the child had done well or whether the child
should not be finally adopted by the couple? In other words, if you
placed the child and if the placement had not worked out well, you
might have some reluctance, might you not, in admitting that?
Judge WooDA\ARD. I have nothing to do with that. That is a court
function. That would be the superior court. If it has not worked
out well, the
Chairman Kefauver. The character of the lawyer that presents
the case m any court has a whole lot to do with the outcome of the
court's action; do you not think so?
Judge Woodward. Could I just for a minute. Senator, run through
the process of adoption? It will not take me but a second or two.
Chairman Kefau^'Er. Proceed.
Judge Woodward. A child is placed. You draw your petition and
a conformed copy. The judge orders that it immediately be sent
by the clerk of the court to Atlanta, to the department of welfare.
It is m turn sent to the local department for investigation and for
a report back. They come up on interlocutory hearing. Six months
more elapse between the interlocutory hearing and the time when
they can adopt the child for supervision to see the relationship be-
tween the foster parents and the cliild. When it finally comes up
for adoption, the judge sends out an additional order to call up all
persons who may be interested in the report from the State department
of public welfare to show cause why this adoption should not be
made final. That goes all the way
Mr. MiTLER. Judge Woodward, there was a little-
Chairman KEFAm'ER. Before you get on now. you made a statement
here that you had examined some 150 out-of- State placements, and
in every case you examined that Judge Woodward had gotten some
fee as private lawyer in connection with the placement.
Judge Woodward, do you want to make any comment about that?
Judge Woodward. Yes.
It was not for placement. That is just contrarv to every fact.
Chairman KEFAm^R. What did you get a fee for?
Judge Woodward. Let me get a' record. I have brought down one.
This is just to show you the tremendous amount of work involved.
My employment comes through lawyers largely. Here is a lawyer or
a firm of lawyers in New York. This is Powell, Goldstein, Frazer &
Murpliy, and it is pursuant to the request of tlieir client. I will not
call his name. It is a letter that confirms the fact that I am authorized
to represent the gentleman in the above-entitled matter and to handle
such legal proceedings that may become necessary. They say that if
I desire any information at all, please do not hesitate to communicate
with them.
We had a difficult time, as difficult a time as you have ever seen,
in convincing the surrogate that I had the authority to place a child
for adoption outside of the State. That arose, I think, chiefly from
the fact that a court having the power of a licensed child placing agency
is somewhat of an anomaly and needs explanation. We took over
a year, and we had to combine mv brief with the brief of Hays,
Podel, Algose, Crum & Fever. One of the largest firms of lawyers' in
the city of Atlanta, Powell, Goldstein, Frazer & Murphy
JUVENILE DELINQUENCY 111
Chairman Kjefauver. Is this surrogate in New York ?
Judge Woodward. In New York City. It dealt with the surrogate
up there.
Chairman Kefauver. They employed you as associate counsel to
convince the surrogate in New York ?
Judge Woodward. To make a brief of the Georgia law so that the
surrogate would know my power. This was a very large brief. It
was several pages, and it stated the facts that he needed, and it was
the law as he needed it, and that was done.
Chairman Kefauver. Is this a New York case that you are ref errmg
to ? Is that a case that was placed by you as the juvenile court judge ?
Judge Woodward. Yes.
Chairman Kefauver. With a couple in New York ?
Judge Woodward. Yes. , j
Chairman Kefauver. Did you know these lawyers before you placed
the child up there ? i i i.
Judge Woodward. No. My clients knew the lawyer, and he wrote
them to secure my employment down here when they ran into this
trouble.
Chairman Kefauver. Who was vour client?
Judge Woodward. My client was a man who adopted the child. 1
was cooperating with the New York lawyers. It was not what you
would call an association together, but we were cooperating. We were
not actually associated by signing a petition together, or anything like
that. J.J
Chairman Kefauver. Your client secured a child, or a couple did,
from you as juvenile court judge?
Judge Woodward. Yes. -, . -kt ^r -, 9
Chairman Kefauv-er. Your client lived m New York i
Judge Woodward. Yes, sir. .
Chairman Kefauver. And then some matter arose m JNew lor^
about the surrogate and so you and the New York law firm represented
him in connection with that matter? ^ <? i •
Judge Woodward. I represented him to the extent of making a
brief. I contributed my share of the brief to him. He made a brief
and he added it to this. Then it came where they wanted an extra
jurisdiction opinion and they wanted my judgment or they wanted me
to ask somebody. I told them I would not do a thing like that so that
somebody would say that I judged the case incorrectly. They engaged
Powell, Goldstein, Frazer & Murphy— it was Powell, Goldstein, Frazer
& Murphy in Atlanta. I wrote them a letter, and I have a photostatic
copy, which we added to the brief that this power of placing the child
was absolutely a law of Georgia.
Chairman Kefauver. When did this man become your client ? W as
he your client at the time ?
Judge Woodward. No.
Chairman Kefauver. When did he become your client?
Judge Woodward. He made an application to adopt a child. An
investigation was made. I think you ought to know the type of investi-
gation, rri i.
Chairman Kefauver. Wlien did he first become your client i ihat
is all I am interested in, , , i -n i i u
Judge Woodward. He became my client after the child had been
placed with him.
112 JUVENILE DELINQUENCY
Cliairnian Kefauver. Immediately afterward ?
Judge WooDWxVRD. Well, I imagine 10 or 12 days. When he made
the application, tliere had to be an investigation made.
Chairman Kefauver. I understand.
Judge Woodward. You cannot get an investigation by another
social agency. It is the rarest thing for you to give or to get one in
another State. ^ j ^ ^
Chairman Kefauver. Just to get it in chronological order, he be-
came your client 10 or 12 days after the child was placed ?
Judge Woodward. That is right.
Chairman Kefauver. Did he pay you then ?
Judge Woodward. After it was placed?
Chairman Kefaua'er. Yes.
Judge Woodward. Yes.
Chairman Kefauver. How much did he pay ?
Judge Woodward. $250.
Chairman Kefau^^er. For what was that ?
Judge Wooi)\\ARD. For preparing the brief. If I could look over
this, I might be able to explain it to you better. I want to show you
the^letter that I got from this man in New York.
Chairman Kefauver. How soon after the placement was the peti-
tion hied with the surrogate in New York?
Judge Woodward. I do not know. It must have been about a month
before It was filed. I am getting at that.
Chairman Kefauver. ^Yllat has been your total compensation in
that case. Judge ?
Judge Woodward. $250
Chairman Kefaumsr. Are all these cases, these 150 cases about which
Mr. Mitler spoke
Judge Woodward. No, sir ; they are in fees. I imagine they average
about $150. On some you take more and on some you take less.
Chairman Kei alver. Do you prepare a brief in each case?
Judge Woodward. In nearly every case. The fact is this gentle-
man who testified here today had a brief sent to him. He did not re-
quest a brief, but when the gentleman who adopted the child employed
me then and there, he said, "I will get my lawyer to get in touch with
you. '
Chairman Kefauver. What do you mean when you say he em-
ployed you right then and there ?
Judge Woodward. To represent him to getting up the law for his
lawyer here.
Chairman Kefau\tsr. You say he employed you then and there at
the time he got the child ?
Judge Woodward. After he got the child, yes.
Chairman Kefauver. The same day ?
Judge Woodward. Yes.
Chairman Kefauver. Employed you to do what ?
Judge Woodward. To get up all the law and everything that his
lawyer might need down there if he runs into a difficulty.
Chairman KEFAm-ER. Do you mean this Florida man here ?
Judge Woodward. Yes. That firm of lawyers here wrote me, and
I not only sent them all the things they needed that there would be
no charge for, which would be an exemplified copy, and all that, but
JUVENILE DELINQUENCY 113
it was also the brief. That was in case they had any difficulty, and
we were having it every day. We were having so much trouble that
we stopped placing children out of the State.
Chairman Kefauver. You charged him $250 for that brief?
Judge Woodward. Yes.
Chairman Kefauver. Is not that brief a regular form?
Judge Woodward. I have it printed. I do not chai-ge one man and
not charge another that wants the same thing. I do not say that
because I have it prepared I will give it to him for $50.
Chairman Kefauver. You mean that this is a brief that you have
prepared generally on the Georgia law w^liich you sent a copy of down
to the man in Florida ?
Judge Woodward. Yes, that is it.
Chairman IvEFAL^iiR. You sent u copy to the peoi)le out in Cali-
fornia also?
Judge WooDW^ARD. Yes.
Chairman Kefauver. You sent those same briefs to everybody?
Judge Woodward. Everybody, because it is perfectly general in
scope.
Chairman Kefauver. You charged every one of them $150 or $250.
Judge Woodward. Yes, sir.^
Chairman Kefauver. I think it is getting pretty late, Mr. Harris
and Mr. Congden. It looks like we are going to have to go over until
tomorrow. Is that convenient w^itli you ?
Mr. Congden. We would have liked to have gotten away tonight.
We are at your service. Senator Kefauver, for as long as you want
us to stay.
Chairman Kefauver. I will tell you the truth. It looks to me like
it is going to take 45 minutes or an hour or tw^o. I am sure that
Judge Woodward has a lot of things that he wants to talk about. The
weather is so good around here that I would like to recess at this
time and start again in the morning, if that is convenient. I do not
want to hold you up here.
Mr. Congden. Senator, if we could leave after this afternoon's
session, we can catch a train for Georgia at 10 o'clock tonight and be
home at 8 o'clock tomorrow morning. Otherwise, we cannot get out
until 10 o'clock tomorrow night. That is the only reason we would
prefer to finish. If it is inconvenient to your, sir
Chairman Kefauver. I hate very much to inconvenience you gentle-
men, but it looks like this will carry on ])retty long. I think we will
do well to just recess now.
We will recess the hearing until 9 o'clock tomorrow morning.
(Wliereupon, at 5 : 15 p. m., recess was taken until '.) a. m., Xovember
15,1955.)
•'< On March 8, 1956, while the Richmond Coiiuty. (jJI., grand jury was considering ma-
terial gat) ered locally as well ;\s that suhmitted hy the Senate Subcommittee To Investigate
Juvenile Delinquency, Judge Harry A. Woodward resigned as judge effective May 1, 1956.
Miss Elizabeth B. Hamilton has sultniitted her iietition for retirement as a Richmond
County, Ga., employee.
JUVENILE DELINQUENCY
(Interstate Adoption Practices)
TUESDAY, NOVEMBER 15, 1955
United States Senate,
Subcommittee of the Committee on the Judiciary To
Investigate Juvenile Delinquency,
Miami, Fla.
Tlie subcommittee met, pursuant to adjournmerit, at 9: 10 a. m., in
the main courtroom, United States Court House, Miami, Fla., Senator
Estes Kef auver (chairman of the subcommittee) presiding.
Present : Senator Kef auver.
Also Present : James H. Bobo, general counsel ; Ernest A. Mitler,
special counsel; H. Patrick Kiley, investigator; William F. Haddad,
consultant.
Chairman Kefauver. The subcommittee will come to order.
In order that Judge Woodward may have the benefit of all of the
records and what Mr. Mitler has compiled in his investigation, and
before he resumes his testimony, I am going to ask Mr. Mitler to
resume the stand again. If counsel for Judge Woodward want to
ask liim any questions, they will be permitted to do so.
Will you please come around, Mr. Mitler.
FURTHER TESTIMOITY OF ERNEST A. MITLER, SPECIAL COUNSEL
OF THE UNITED STATES SENATE SUBCOMMITTEE TO INVESTI-
GATE JUVENILE DELINQUENCY, WASHINGTON, D. C.
Chairman Kefauver. Mr. Mitler, do you have some additional rec-
cords or information that you want to put into the record relative
to the Augusta matter ?
Mr. Mitler. Yes, Senator Kefauver. I have some documents here
that I want to introduce into evidence, and to give also the benefit
of some interviews that I had on the west coast, in Los Angeles, and
in the cases of the adoptive couples out there. I had interviews
with members of the movie colony. I talked to the attorneys who
represented these adoptive couples.
In most cases they stated to me that rather than getting any brief
from Judge Woodward or receiving any papers from him, the papers
were submitted personally by Miss Elizal3eth Hamilton, either to the
petitioners, the adoptive couples out there, or to their attorneys. In
other words, there was no contact with the court. The papers were
sent sometimes a year or a year and a half later after they received the
child. In fact, one couple stated that they were frantic for 1 solid
year wondering where in the world the papers were.
115
116 JUVENILE DELINQUENCY
With respect to the investigations that were made in the other
States, I have a letter here, which I wish to introduce into evidence.
This is a copy of the letter, I can state that this is, with the deletion of
the names, the exact letter that was sent by Elizabeth Hamilton
to an adoptive couple in Los Angeles, Calif. I offer this letter as an
exhibit, which is intended to show the manner in which Miss Hamil-
ton, probation officer of the juvenile court of Richmond County, Ga.,
instructed the adoptive couple in California to deceive and conceal
the true facts from the welfare authorities in California. This exhibit,
coupled witli exhibit 19a, shows that the natural mother in Augusta,
Ga., was told that her child was dead after birth. In reality, the child
was alive and had been placed out for adoption by the couple to whom
the letter (exhibit 19) was addressed. Due to this initial deception,
it was clear why Miss Hamilton was anxious to prevent the California
authorities from interviewing the natural mother and, therefore,
urged the ado]:)tive couple in the fourth ])aragraph of the letter to
falsify the facts. The exhibit also shows that Miss Hamilton had
requested $165 for a board bill, which had already been paid by the
Richmond County treasurer in Augusta, Ga.
Chairman Kefaua'er. That will be filed as an exhibit.
Mr. MiTLER. Let it be filed under my testimony. I believe I in-
troduced another exhibit, as exhibit No. 19.
Chairman Kefaua-er. Very well. Let it be marked "Exhibit 19."
Do you want to read any part of it ?
Mr. MiTLER. Yes, I do. Senator.
(The exhibit referred to follows :)
Exhibit 19
Juvenile Court of Richmond County,
Augusta, Ga., Saturday, June 3, 1944-
My Dear Mrs. : I was so glad to get your letter — gosh, it makes me
feel so happy and good when foster parents are so pleased as your letter said and
indicated, thanks a million for that letter — which by the way I have sent on
to Mrs. — but I sort of felt that you would trust Mrs. implif*'*^'''
and she certainly thought your baby was O. K., as did the pediatrician.
I am enclosing the birth certificate from the local board of health — you will
notice the baby is registered in the name of , that is absolutely the mother's
name, but her doctor, who is Dr. , registered the mother in the hospital
in the name of , naturally the baby's hospital record is under that nanie.
The girl had to be protected.
You haven't told me what you will name your baby, therefore, I can't send you
the temporary adoption papers until I do know, so hurry up and send me that
information. You should get that all ready, and if, when you get all papers
you need from us you still want your baby, then get your attorney to start immerli-
ately with the permanent adoption in California. Then, when that has been
completed send me a copy of the adoption and I will get a new birth certificate
made out in Atlanta showing this child was born to you and Mr. on
May 14, 1943, at 3 : 27 a. m.
This is for your information, and for the information of your attorney — when
we send the temporary papers to you .Judge Woodward will state that the babv
was deserted and abandoned by the mother at the University Hospital, therefore,
this court took the child as a neglected child, and this court is a legal adopting
agency, therefore, it is the learal guardian of the court because it is b^rn out of
wedlock, the mother, according to our paper to you, deserted and abandoned her
baby and her whereabouts are unknown — that makes it so much easier to get
the adoption through in California — if we give the mother's written consent
f which we have), then the agency there goes to all the trouble to write the
University Hospital here where the baby was born, and they ask for a social
history on the mother and as the hospital has no social worker to do this work
JU^"E^^ILE DELINQUENCY 117
all these letters to them for investigations and information are referred to this
court; so we just stop that in the beginning by saying the baby was deserted
and that ends the thing.
For your information, the little mother of this child was a little neighbor
of mine— you will notice on the hospital record , Ga., Route No. 1. She is
physically and mentally O. K., comes from a good family, cultured, well-educated
people, you couldn't want more ; you can see by the baby that he had something
to start with and he will keep going good.
He has had no inoculations, so you can start making him cry as soon as you
can get an appointment with your pediatrician after you get this letter; also,
I guess you will want to do something about a circumcision.
I hope I have made everything clear but if there is anything else you want
to know just call on me.
Mrs. H. carried you the pediatrician's last check-up on the baby on Saturday
before she left on Sunday.
Please drop Mrs. W. a line, she will be so happy and she has been ill so it
will do her good to get a report on your son.
Now, will you do this — you will, or will you please have Mr. B. make two
checks, as follows :
Judge Harry A. Woodward, $250 fees for filing temporary adoption papers, etc.
Miss Elizabeth B. Hamilton, $165 board for 11 months in a boarding home at
$15 a month.
I always hate like the dickens to mention these things, but after all a baby
does have to be taken care of and I always feel that the poor boarding mother
has a lot of hard work to do, but thank the Lord that particular one that had
your baby is about the swellest person going.
So if you'll just drop those two checks in an envelope to me at , Ga.,
I'll take care of the board and the judge, and at the same time let me know the
baby's name and the judge will draw up all papers immediately and get them
right off to you.
Please give my love to Mrs. H. — you should be very grateful for such a friend,
I'm sure I wouldn't be able to find anyone who would have all the difficulties
and hardships traveling to do me a favor like that.
In the meantime, my very best to all of you and best wishes also.
Sincerely,
Elizabeth Hamilton.
Mr. MiTLER. I am not mentioning any of the names for obvious
reasons in the letter. The letter was signed by ]\Iiss Hamilton, the
chief probationary ofKcer of the juvenile court in Augusta, Ga. This
is the third paragraph in the letter.
It states as follows :
This is for your information, and for the information of your attorney.
'' By the way, this is to a couple who has had a child flown out to them
from xVugusta. They did not go to Georgia. The child was flown to
them on the west coast.
This is for your information, and for the information of your attorney. When
we send the temporary papers to you Judge Woodward will state that the baby
was deserted and abandoned by the mother at the University Hospital. There-
fore, this court took the child as a neglected child, and this court is a legal adopt-
ing agency. Therefore, it is the legal guardian of the court because it is born
out of wedlock. The mother, according to our paper to you, deserted and aban-
doned her baby, and her whereabouts are unknown — that makes it so much
easier to get the adoption through in California — if we give the mother's written
consent (which we have), then the agency there goes to all the trouble to write
the University Hospital here where the baby was born, and they ask for a social
history on the mother and as the hospital lias no social worker to do this woi'k
all these letters to them for investigation and information are referred to this
court; so we just stop that in the beginning by saying the baby was deserted
and that ends the thing.
In other words, no matter how diligent the California Department
of Social Welfare was, it would be imposible for them to secure any
118 JUVENILE DELESTQUENCT
information. The adoptive parents are being coached to tell an un-
truth and stop the enforcement of the safeguards.
It goes on to talk about the background of the child. It says :
For your information, the little mother of this child was a little neighbor
of mine.
Chairman Kefaih^r. Be sure and note for the record from where
you are quoting and also let the record show where you. are making a
statement of your own.
Mr. MiTLER. I made a statement then. That was a statement of my
own. Previous to that, I quoted. I am now quoting again from the
next paragraph in the letter.
For your information, the little mother of this child was a little neighbor of
mine. You will notice on the hospital record it is Blank, Ga., Route No. 1.
I am deleting some of the pertinent information.
She is physically and mentally O. K., comes from a good family, cultured, well-
educated people. You couldn't want more. You can see by the baby that he has
something to start with and he will keep going good.
I wish to put in my comment now. This indicates that there was a
full knowledge by at least Miss Hamilton and the court of the back-
ground of the child, which thev did not want to disclose to the Cali-
fornia Department of Social Welfare. Incidentally, the information
gotten by the California Department of Social Welfare is completely
confidential. I want to go on to another paragraph and quote again.
Now, will you do this — you will, or will you please have Mr. B. make two
checks as follows :
Judge Harry A. Woodward, $250 fees for filing temporary adoption papers,
et cetera.
Miss Elizabeth B. Hamilton, $165 board for 11 months in a boarding home
at $15 a month.
As you will recall, Senator, the boarding bills were paid by the
county treasurer.
Chairman Kefauver. Is that in the letter from Miss Hamilton?
]Mr. MiTLER. Senator Kefauver, I am quoting from the letter.
Chairman KErAirvT:R. Read that part again. I did not understand.
Mr. MiTLER. The first part of it is :
Now, you will do this — you will, or will you please have Mr. B. make two
checks as follows :
Judge Harry A. Woodward, $250 fees for filing temporary adoption papers,
et cetera.
Miss Elizabeth B. Hamilton, $165 board for 11 months in a boarding home
at $15 a month.
I am now going to skip a paragraph.
So if you'll just drop those two checks in an envelope to me at fblank"!,
Georgia, I will take care of the board and the judge, and at the same time let
me know the baby's name, and the judge will draw up all the papers immediately
and get them right off to you.
I am now skipping a paragraph. It is signed, "Sincerely, Elizabeth
Hamilton."
This is a copy of the original, which I have seen. This is an exact
copy. The original has the names, and this has the names of the people
involved deleted.
Chairman Kefauver. Can you authenticate that as being an exact
copy?
JUVENILE DELINQUENCY 119
Mr. MiTLER. That is an exact copy, with the exception as I have
stated.
Chairman Kefauver. You got that from the attorney for the
adoptive couple?
Mr. MiTLER. I got it from a source in California. I did not get it
from the attorney, Senator Kefauver, of the adoptive couple. I did
not get it from the attorney. In this case I located the natural
mother, and she told me the following story: She stated that she gave
birth in the University Hospital in Augusta. She stated that after
birth a woman came to her. She did not state that it was Miss Hamil-
ton, Senator Kefauver, but she stated a woman came to her and told
her that her child had been born dead, and she asked the natural
Chairman Kefauver. I did not understand that. What was that
about being born dead ?
Mr. MiTLER. The natural mother in this case, in this case in which
the child went out to the coast, stated to me when I located her —
I interviewed her about a month ago — that she had given birth in
the University Hospital ; that she had gone or that she had been in
touch with the juvenile court in Augusta ; that after birth a woman
came to her, and she did not state — she stated she did not know the
name of the woman; that the woman said to her that the child had
been born dead. She stated that if she, the natural mother, wished a
public burial, no one in the family would have to be notified, and she
was asked to sign a paper, which was an authorization for a public
burial, and the girl signed this document. It turned out to be a con-
sent to adoption.
I should qualify all of this by stating that I believe from my inter-
view that if the girl had been told that the child was born alive, she
would have wished to place the child for adoption. That is it.
Chairman Kefauver. She thought she was signing a consent for
burial, when she was actually signing a consent for adoption?
Mr. MiTLER. The paper was a consent for adoption, which was sent
out to the coast, and she was flabbergasted she told me when she
moved to a west coast city 3 years later to have a social worker con-
tact her and interview her in connection with this adoption. In other
words, the Department of Social Welfare of California actually lo-
cated the girl, and this, the natural mother, she told me she was just
shocked to find out that the child had been placed for adoption and,
in fact, by coincidence, was living not within 100 miles of where she
was. She had moved from Augusta.
Chairman Kefauver. She thought all the time that her child was
dead?
Mr. MiTLER. Yes, Senator Kefauver.
(Statement of natural mother introduced as exhibit 19a and reads
as follows:)
Exhibit 19a
Statement
, duly deposes, swears and says :
I am griving this affidavit to the Senate Subcommittee to Investigate Juvenile
Delinquency which is investigating adoption practices, because I feel it may
help correct a dangerous situation.
On May 14, 1943, in Augusta, Ga., at 3 a. m., I entered the University Hospital
to give birth. I was not married at the time, and naturally I was quite disturbed
over the situation.
120 JIAENILE DELINQUENCY
Several hours after delivery, a thin, red-headed woman, about 5 feet 514 inches
tall, appeared in my room. I do not remember the exact hour, but it was before
lunch. Although I do not know the woman's name and cannot identify her l)y'
name, she does tit the description given me of Miss Hamilton, who I understand
is the chief probation oflicer of the Richmond county juvenile court.
This woman informed me that my child had been born dead. She told rue
that if I signed a paper she had. no one, my family or friends, would know about
the situation, and that everything would be cleared up easily. She described
the paper as being a consent authorizing the burial of the child without any
further steps being taken by myself. I signed the paper without really looking at
it, as 1 was in a very distressed and confused condition at the time.
Several weeks later, I was married to my present husband, and went to
San Diego, Calif., to live.
Two years later, I was shocked to receive in the mail adoption papers from
the welfare department in California, since I was under the impression that
my child was deceased. Shortly afterwards, I was Interviewed by a social
worker in San Diego, who told me that a couple from Los Angeles was applying
to adopt my baby. She gave me the couple's name and told me of their back-
ground. I remember thinking at the time that it was a bad practice for her to
give me this information. I signed the adoption papers under the name of
, which is the same name I used in the hospital in Augusta.
Since I used the name of in this whole matter, I prefer
to sign this affidavit under that name. Mr. Ernest A. Mitler, of the subcommittee,
has interviewed me and knows my true identity.
I have been assured that my identity will be kept confidential, inasmuch as
I am married and have two lovely children now. However, I am certainly
anxious to help in seeing that vicious practices sucli as descril)ed in this affi-
davit are stopped.
(Signed)
Chairman Kefau\t:r. In fairness, Mr. Harris and iSIr. Congden, if
you want to look over these letters, you may do so. You may just
sit down there and proceed.
Go ahead, Mr. Mitler. Do you have anything else ?
Mr. Mitler. I have here, Senator Kef auver
Chairman Kefauver. Did you ascertain that these checks tliat you
spoke of in this letter were sent ?
Mr. jMitler. They were sent. I interviewed the adoptive father —
I could not interview him because he was deceased. He died shortly
after the child was placed out in California. I conducted interviews
with the adoptive mother, and they were sent.
I have liere a group of affidavits and documents which I wish to
introduce into evidence. Of course, Mr. Harris can see them, but I
do not want some of the names to be made public.
Chairman Kefau\t.r. The contents can be made public, but not the
names of the adoptive couple. You may identify them as exhibits
20, 21 and 21a.
(Tlie exhibits referred to were marked "Exhibits 20, 21, and 21a''
and "Exhil)it 20'' reads as follows :)
Exhibit 20
Affidavit
Claudia Gill, living at 528 Ellis Street, Augusta. Ga., duly deposes, swears, and
says:
I live in Augusta, Ga. I had five children before I met Miss Hamilton by ray
first husband. We separated then went back together again. I went to Miss
Hamilton during the time we were separated when I needed help with the
children.
Miss Hamilton sent me to the welfare department and referred me to a lady
whose name, I think, is Miss Roberta Biggers. Miss Riggers helped me get a
place to live in the Olmsted Arms. I then had another child.
JUVENILE DELINQUENCY 121
I gave my children good care. I did liave a boy friend and I went out once in
a while. I always worked and did the best I could. A complaint of neglect was
made against me. While I was out 1 day, Miss Hamilton spoke to the children
and asked them if they wanted to stay with me.
One Friday Miss Hamilton served me with a subpena. I went to the juvenile
court the next morning, Saturday. She told me not to worry about anything,
that the judge just wanted to give nie a good lecture. I didn't have a lawyer,
thinking it would be just a talk.
When I arrived, there was a hearing. Miss Biggers said that I always worked
and was doing the best I could. She really testitied for me. That Saturday
morning, the judge took away my children. They said it was on the grounds
of neglect and that I was running around too much. That is not so.
I never signed a consent for the adoption of any of my children.
If they talk about neglect, the children were in a terrible condition where
they were placed. There were lots of children there and only one lady to look
after them. The children were in a mess and the.v certainly didn't have any
mother love. I call that real neglect.
The two oldest children were sent to my mother. Four of them were adopted
out. Two of them went out of the State.
One time I learned where one of my boys, - — , was. Mary has him^ —
her husband runs a barber shop in zVugusta. I tried to get in touch with him
and they sent a detective aroiuid to see me and he told me I would get locked
up if I tried to speak to ? — — — . Finally, the told me I could have him
back if I would pay them $100 — which it cost them to get him. I did not have
the money. They let me have him for one night, and I never saw him again.
I had 3 boys and 1 girl. I say that I did not do anything that they should take
the children away from me forever. I suppose they will argue about that, but
one thing is sure, giving the mother notice on Friday afternoon and taking the
children away on Saturday in a courtroom does not seem fair. I know things
were not perfect with me, but at least the children were with their own mother
and I was working and doing my best. That is much more than a dirty, filthy
boarding house with a lot of other children without any mother love. It looks
like they wanted the children to send them ont of the State for adoption, like
Mrs. Epps said.
All of this happened in 1949. I do not remember the exact dates. I received
a subpena on Friday morning to appear at juvenile court at 9 o'clock Saturday
morning. I asked if my children were to be taken and they said I was going
to get a talk about my children from Judge Woodward. When I received the
subpena, it did not mention taking my kids from me. They promised to take
the kids just for a while from me but they never did offer any effort to give them
back to me. My kids were in a car out in front of the courthouse. When they
went out, a man and a lady, I can't recall their names, took the four kids and put
them in a car and took them to the home of Mrs. Epps.
These are the names of my kids they took : Genevieve, be 14 June 6 ; Gerald,
be 12 May 29 ; Edward, be 8 December 16 ; Frankie, be 7 December 14. They were
always fed, bathed and taken care of — they were fat and very fine looking kids.
Mrs. Cl.vudia (Gill) F>rown.
Sworn to and subscribed before me this October 24, 1955.
W. T. MOBLEY,
Notary Public, Richmond Uonnty, Ga.
My commission expires June 22, 1956.
Chairman Kefauver. Tell what they are.
Mr. MiTLER. This is an affidavit from a mother in Augusta, Ga. It
was signed about a month ago.
Chairman Kefauver. Just explain the contents.
Mr. MiTLER. The gist of this affidavit, exhibit 20, is that the mother
living in Augusta, (la., was receiving assistance from the public de-
partment — she had four children. She states that she has never been
arrested; that on one occasion on a Friday afternoon a Miss Hamilton,
came by and served her with a subpena, telling her to appear the very
next morning in juvenile court; that on that day she came down there,
left her children in the car downstairs, and she went up to juvenile
court. She says there was a hearing, and in the hearing the representa-
122 JUVENILE DELINQUENCY
tive of the public department stated that this girl, the mother of these
four children — they were not infants — they had been doing well and
she had been doing as best she could under the circumstances.
The woman who testified there — her name was Miss Diggers — at the
end of the hearing there was a decision to terminate parental rights,
and the representatives of the court went downstairs and removed the
children from the car. At least one of these children was sent to Fort
Worth, Tex., and another child was placed out in the local community
with a local couple.
She states that the children were put in a boarding home, and in her
affidavit she states :
If they talk about neglect, the children were in a terrible condition where they
were placed. There were lots of children there and only one lady to look after
them. The children were in a mess and they certainly didn't have any mother
love. I call that real neglect.
That is the contents of one affidavit.
Chairman Kefatjver. That is exhibit 20.
Mr. MiTLER. I have here a consent for adoption for a child that was
placed out in the State of Nevada. This was a highly controversial
case in Augusta. I want to at this time introduce into evidence and
into the record this consent for adoption.
Chairman Kefauver. That has already been marked "Exhibits 21
and 21a." "WHiat was the significance of it?
(The exhibits referred to read as follows :)
Exhibit 21
AiXEGED Consent foe Adoption by Edna Meriddith Matthews Coubsey
STATE OF GEORGIA, RICHMOND COUNTY
In the matter of Katherine Meriddith Coiirsey, a child born January 2, 1947, in
the University Hospital, Augusta, Ga.
I, Edna ISIeriddith RIatthews Coursey, 16 years of age, being the mother of the
above child, and having asked for help with the said child by the Richmond
County Juvenile Court, and that help having been given me by the said court,
to wit: That they allowed me to personally take my said child to a boarding
home operated by the said court and place the said child because of the fact that
I nm divorced from my husband, RIarvin Edward Coursey now 17 years old,
and I was not living in the home of my parents, also, that my said child was
living with my parents but my mother instructed me to find a place for the baby
to stay as she was my responsibility and not the responsibility of my parents, and,
I, the said Edna Coursey, the mother of the above child, did marry the said
^Inrviii Edward Coursey legally, and that I was pregnant with the above child
at the time of my said marriage; that I led my said husband to believe he was
the father of ray said child because I had had sexual relations with him prior
to our marriage, but in truth the father of the child to be born to me was one
Murray Wheatley, of Kathwood, S. C, now 23 years old, although I was unable
to marry the said Wheatley because of his indecision regarding marriage, and
feeling that I had to have protection for myself and the baby to be born to me,
I entered into the said marriage with the said Marvin Coursey, and he did this
in good faith thinking the said child to be born was his child.
I further make the admission herewith that after the birth of the above child
to me the said Marvin Coursey did not fully believe that he was the father of
the sai<l child, and finally obtained the admission that I had been untruthful to
him about the paternity of the said child, and upon this admission he instituted
divorce proceedings in Richmond County, Ga., but dismissed said proceedings
just before they became final, and later I was served through the mail with a
copy of another divorce proceeding and an acknowledgment of service for me to
JUVENILE DELINQUENCY 123
sign, the declaration in said proceedings being tliat my said husband married
me in good faith thinliing he was the father of my baby to be born and learning
from me after marriage that he was not the father ; I singed the said paper, and
the divorce has been obtained and I have the custody of the said child ; my
former husband contributing nothing to the support of either myself or the
said child; the said Marvin Coursey had enlisted in the United States Army
and was in that Service when he obtained the divorce from me.
Now, therefore, I, the said Edna Meriddith Matthews Coursey, being the
mother of the said child, Katharine Meriddith Coursey, and being unable to rear
her, having no security in my own life, and being unable to promise any stability
or security to the future life of my said child, and wishing for the best in life,
do this day, to wit : April 7, 1948, appeal to the Richmond County juvenile court
again for help with the said child, asking that they take custody of her herewith,
with my written consent and permission, and that tliey place my said child
with good, reliable foster parents, when such are found to the satisfaction of the
Richmond County juvenile court, and I waive all notice of adoption by the said
foster parents, which notice is usually given in such cases of adoption, and I do
this day, in the presence of witnesses, release and relinquish all custody, super-
vision, and control over my said child and place the same in the Richmond County
juvenile court with full power and authority to place the said child, at such
time as the said court deems best for the interest of the said child, with foster
parents for adoption.
Witness my hand this 7th day of April 1948.
Edna IMkriddith Matthews Cotjrsey.
Witness :
Clabe W. Gale.
E. B. Hamilton,
Islotarii Public, Richmond, County, Ga.
74718— 5(
124 JUVENILE DELINQUENCY
Exhibit 21a
STATS OF CSORCIA
. fi^tiiA^ 3(9
t
COUBTT OF RICHMOND )
TO 1HE SUPERIOR COURT OP SAID COUNTY:
This Petition of Marrin-i. Coursey, Plaintiff,
Againat Mrs. Edna Mac H. Coursey, Defendant, Respectfully
Shows:
-1- That both Plaintiff and Defendant are now,
and have for more than one year, been residents of a/ild
state and county
-2- That Plaintiff and Defendant were duly oArried
H on Ootober 3rd, 1946, and still are husband and wife,
although they have been living in a bona fide state of
separation since May 11th, 1947.
-3- That Plaintiff was forced to leave the De-
fendant because of her cruel treatment of him, wbich was
willful and which was likely to endanger Plaintiff's
mental and physical health and welfare.
•4.> That although Plaintiff has not oondoned this
cruelty on his wife *s part, he has no objections to
her disabilities being reaored in order to permit her to
remarry after final decree in this caae.
-5- That one child has been born as issue of this
?srrisge,, said child having been born in January of
1947, and said child has always been with the Defendant.
\-- WHEREFORE Plaintiff prays that process issue and
that a decree of total divorce be granted on legal prinoiplcb
^^mmfff *s nmv^'t^^
JUVENILE DELINQUENCY 125
MARVIN E, COURSE! I IN THE SUPERIOR COURT OF
VERSUS : RICHMOND COUNTY, GEORGIA
EPNA M. rtATTHEVS C«ttaSEt^ I MAT TERM, 1%9
LIBEL FOR DIVORCE : CIVIL NUMBER
(I
VERIFICATION OF THE PETITION
Personally appeared before the undersigned officer duly
authorized by law to administer oaths, Marvin E, Coursey,
Plaintiff in the above stated case, who, after first being duly
sworn deposes and says that all of the allegations of fact
contained in the foregoing suit for divorce are true and correct.
> SIGNATURE OF PLAlNMli'F
Sworn to and Subscribed Before Me
/
This 21st Day of March, 1949
NOTARY PUBLIC,
RICHMOND COUNTY, GEORGIA,
126 JUVENILE DELINQUENCY
HAHnS ZDWARD COURSBY ) IN THE SUPERIOR COURT 07
VERSUS } RICHMOND COUNTY, GEORGIA,
SSNA U. UATTHSWS COURSST ) UAT TERM, 1949.
LIBEL FOR DIVORCE ) CIVIL NUMBER
DEFENDANT'S ACKNOWLEDGMENT OF SERVICE.
Due and legal service of salt for divorce in the abovestateid
case is hereby acknowledged, and all other and further service,
notice and piooess is waived*
The parties agree for this case to be heard and deter-
mined on Its merits at the first or appearance term of court
before the Judge without a jury.
The parties likewise agree for the testimony of the
Plaintiff, Marvin Edward Coursey, because of his occupation,
to be taken down in writing before any notary public at the offices
of Oliver E* Mixon, attorney, 220 Masonic Building, Augusta,
Georgia, at noon on I tei^n a g th, 1949, and for such written
testimony to be sealed, transmitted and filed with the Clerk
of court without further formalities.
The Defendant acknowledges Jurlsdiotion of this court and
admits that the Plaintiff has been a bona fide resident of Georglf
for more than a year preceding the filing of this suit for dlvorc^.
However, the Defendant retains all her rights to answer
and defend this suit at any time allowed by law.
This the ^/^ Day of Ite^, 1949.
/U<^^<i^
sf
V-
Piled in office this 23rd day of December, 19l|.9
i^ Dan J. O'Connor, Clerk
JTJVENILE DELINQUENCY
127
0tat^ of d^Forgia* I
RICHMOND COUNTY j
Te die Sheriff ef Said County or hi*. Lawful
Deputy^ GieeUnf
MARVIN M. COURSEY
IJJINA MAE M. COURSEY
PROCESS
THE DEFENDANT-
EDNA MAE M. COURSEY
hereby required, in person or by attorney, to be and appear at the Superior Court next to be holden in
and for the County aforesaid, on the THIRD MONDAY in JANUARY 19¥50_
then and there answer the Plaintiff in action of IjIBEL ^K DIVORCE , etc.
As in default of such appearance, said Court will proceed thereon, as to justice may appertain.
WITNESS, the Honorable G. C. ANDERSON, Judge of said Court, thiw Si^JyA'
day « f K(bu»iryvJ^^H- 194
Clerk.
128 JUVENILE DELINQUENCY
MARVIN g: COURSEY
VS.
SDNA MAE M. COURSET
IN THE SOPEBIOR COURT OF
RICHMOND COUNTy. GEORGIA
No-Siait
FINAL JUDGMENT AND DECREE OF TOTAL DIVORCE
The above stated case coming on for a hearing, and it appearing to the Court from the evidence and
the record that the defendant has been duly served as required by law and is properly before the Court,
and that the Court has jurisdiction of the parties to this libel for divorce.
Now, upon consideration of this case upon the evidence submitted as provided by law, it is the judg-
ment of the Court that a total divorce be granted, that is to say a divorce a vinculo matrimonii, between
the parties to the above stated case, upon legal principles.
It is considered, ordered and decreed by the Court that the marriage contract heretofore entered
into between the parties to this case, from and after this date, be and is set aside and dissolved as fully and
effectually as if no such contract had ever been made or entered into, and Plaintiff and Defendant, for-
merly husband and wife, in the future shall be held and considered as separate and distinct persons al-
together unconnected by any nuptial union or civil contract, whatsoever.
The plaintiff herein shall have the right to remarry and the defendant shall have the right to re-
marry.
Thtn,<^-^ day ol
Judge, Superior Courta, Augusta Circuit.
JUVENILE DELINQUENCY
129
yhf,p^^y
IN THE SUPERIOR COURT OF
RICHMOND COUNTY, GEORGIA
JAMUARI TERM, 1950
CIVIL NUMBER
MAR7IN& COUBSET |
VERSUS :
EDNA M. MATTHEWS COURSEII
LIBEL FOR DIVORCE :
I
DEPOsiTiore
By agreement between the Plaintiff and Defendant,
and acting as sole commissioner, I, Ann C. Brinson, Notary
Public, have this day caused Marvin g. Coursey, the material
witness in said case, to appear before me and after first
being duly sworn, he deposes as follows:
Q. What is your name?
A. Marvin g Coursey.
Q. Are you a resident and citizen of the State of Georgia,
county of Richmond, and has this been your residence for
twelve months prior to the filing of your petition for
divorce?
A. Yes.
Q. Are you married? If so, to whom are you married, and when
were you married?
A. Yes, I am married to Edna M. Matthews Coursey, and we wer«
married October 3rd| 1946.
Q. Are you living with your wife at present?
A. No, we separated May 11th, 1947.
Q. Why did you separate from her?
A. I was forced to separate from her because of her cruel
treatment to me, which was willful and which was likely
to endanger my mental and physical health and welfare.
Q. Have you condoned this mental cruelty on the part of
the defendant?
A. No, I have not, although I have no objections to her
disabilities being removed in order to permit her to
remarry, if she should so choose.
Q. Are there any children as issue of said marriage union?
A. There was one child born in January of 1947, and said child
has always been with the Defendant.
Q. Are you asking for a total divorce?
A. Yes.
Sworn to and subscribed Before me
this 28th day of December, 1949
/^ym & ? /^t4><>^t<z^ t^c^
Notary Public ,
Richmond County, Georgia.
STATE CF GEORGIA, RICHMOND COUNTY: CLERK'S CFFICE, SUPERIOR COURT
I, Msy Murphy Davis, Deputy Clerk, Superior Court, Richmond County,
Georgia, hereby c ertlfy that the foreooing pages numbered one through five
are a true copy of the original of file and of record in this office, and
page numbered six is a true copy of depositions filed to s aid case.
WITNESS my signature, and the seal of said Court, hereto affixed at
Augusta, Georgia, this 25th day of October, 1955.
'DEflJTidCLERK, St#ER|!6R COURT,
RICHMOND COUNTY,GEORGIA
130 JUVENILE DELINQUENCY
Mr. MiTLER. It contains a statement of fact. The consent was
signed on April 7, 1948. It states in the consent that the natural
mother had obtained a final divorce decree and an award of custody
of her child prior to April 7, 1948.
The books of the superior court of Richmond County reflect that
those events only took place a year later ; that the petition for divorce
was filed a .year and a half or a year after this consent for adoption
was made. In other words, there is a serious misstatement of fact
in here that can affect the lejjal status of the child, the security and
welfare of the child.
To sum it up, it says that the mother received a final divorce decree
prior to April 7, 1948, and the records of the superior court in Rich-
mond County reflect that the divorce petition was filed a year later
and the divorce was consummated in 1950.
Chairman Kefauver. Who secured the sio^nin^^ of the affidavit?
Mr. MiTLER. The affidavit was sij^ned in the presence of Miss Eliza-
beth Hamilton, and it was used in connection with an adoption matter
in which the child was placed out by Judge Woodward. I bring this
point up in connection with the careful legal work that was done in
these adoption matters because a misstatement about whether a person
is divorced or not, can make the whole adoption voidable. As a
matter of fact, it was easily ascertainable whether this girl was
divorced or not because her attorney was on the same floor as the
juvenile court, and it could have been ascertained from the record
books down in the Richmond County courthouse.
Chnirman KEFAtT\T^.R. Your point is that if she was divorced, as
this affidavit states, she would have rights to sign waivers, but if she
was not divorced, as was the truth of the case, the father of the child
could contend for possession and custody even though this proceeding
had been done there?
Mr. MiTLER. Yes. Also, the girl was only 16. and I do not believe
th'^t her statement about matters of marital status should have been
relied on exclusively, since it was easilv verifiable.
Chairman Kefauver. That was exhibit 21.
Mr. MiTLER. I have two more affidavits that I want to have marked.
I believe one has already been marked. I would like to have the next
one marked.
Chairman Kefauver. That will be Nos. 22 and 22a,
(The affidnvits referred to were marked "Exhibits 22 and 22a."
and read as follows :)
Exhibit 22
Affidavit
dul.v swears, deposes, and says :
I live at , Augusta, Ga. I am married, and I operate
an all-night restaurant for trufkers. We live in our own home with the three
children I have home my second husband.
I had three children by my first husband — Patricia Lucille, born October 14,
1942; Marylou Ellen, born on April 20. 1041: and Doris, horn April 11. 194.3.
Patricia is the child I am concerned about, since she was adopted out to a couple
either in New York or California without my cfmsent. although I may have
been tricked into signing a paper for Miss Hamilton that I never read. T actually
thought the paper was a consent for my sister to adopt Patricia and Marylou
This is how it happened :
In 1945. Miss Hamilton and Judge Woodward were very kind to me and
helped me get a divorce from my first husband. I trusted them because of this.
JUVENILE DELINQUENCY 131
In addition, at the time of thft Jivorce, Miss Hamilton arranged to have the
children boarded out with Mrs. Epps for the first 6 weeks. This was only done
to help me, and the children were returned immediately after the divorce.
In August li>49, I decided that I would like to have my sister adopt the two
little girls. I then had two children by my second husband. My sister already
had several boys and was anxious to have some girls in the family. The two
girls were taken to my sister's home. I called Miss Hamilton and she and her
assistant met with us at my sister's home. When I told Miss Hamilton that I
wanted my sister to adopt the two little girls, she stated that there had to be
a thorough investigation — and that she would have the children boarded out
during this investigation. She asked me to sign a paper, which I thought was
a consent for my sister to adopt the children. I didn't read it — possibly it was
something altogether different. Later, I found that the children had not been
sent to my sister. I learned that Patricia had been placed out by Miss Hamilton
to someone in New York. Mrs. Epps gave me this information. I became very
upset, and went to see Judge Woodward. He told me that if Patricia was still
in Augusta I could get her back — but she had already gone.
My sister has the other child, Marylou, at the present time. I've never been
arrested and no one, not even Miss Hamilton, ever said I neglected my children.
I guess Miss Hamilton must have thought my sister was fit because she let
her have Marylou, so I can't understand why she did not also let her have
Patricia — the way I wanted it. I know the children want to be together.
I did what I could to try to find Patricia. I went to Judge Woodward, and
later when Miss Hamilton was arrested upon the complaint of Mary Green for
kidnaping her baby, I was at the trial waiting to be a witness. I never got to
testify because Mary Green was locked up for perjury before they got around
to my testimony, and I thought it better not to say anything because I didn't
want the same thing to happen to me.
(Signed)
Sworn to and subscribed before me this October 24, 1955.
[seal] W. T. Mobley,
Notary Public, Richmond County, Ga.
My commission expires June 22, 1956.
Exhibit 22a
affidavit
, operator of the Belvedere, S. C, duly deposes,
swears and says :
I am the sister of So far as I know, Mary's only trouble has
been that she had fits once and they had to take her to a mental hospital. I think
she was physically ill rather than mentally ill.
Some time around 1945, she divorced her first husband, whose name was
I know that Miss Hamilton and Judge Woodward helped her
with the divorce and helped look after her children at that time.
About a year later, Mary married a man named They have 3
childi-eu of their own. I wanted to adopt her 2 girls since I had all boys. It was
around 1947 when Mary brought the girls to my house and asked Miss Bee Hamil-
ton to come over and help work the adoption out. I don't know why Miss Hamil-
ton said she would have to take the 2 girls and hold an investigation before I
could adopt them. It did not make sense to me, but because she came from the
court we let her do as she wished.
Later, it turned out that the children were not being sent to me. Around
Christmas, one little girl, Judy, was having Christmas dinner at Camp Gordon.
She called me up and pleaded with me to come get her. She said she wanted to
be with me. A little wliile later, I went to church and all the children from the
juvenile boarding house were there. It was pitiful. Little Patricia ran up and
hugged me with all her might. A tall girl came up and tore her from me. She
was a beautiful child, and she was shipped out to California or New York, for
adoption, so I am told.
I don't know why she couldn't have stayed in the family. If Miss Hamilton
didn't lil'e me, there was my brother, Robert, whom no one could say a word
against. He i-uns a produce market in Augusta.
132 JUVENILE DELINQUENCY
Miss Hamilton called me to her office 1 day and told me I could have the older
child— that the child ran very low in mental tests. I have her now and love
bringing her up. It is true that she is a little backward. I guess the reason I
didn't get Patricia, as my sister wanted, is because she must have been bright
and she was a beautiful child.
I never said much to Miss Hamilton because I have other children of my own
and I was afraid she might start something up about them. I suppose she would
say my sister and I have bad characters or that we are neglectful. Well, you can
see I am running a nice, neat grocery store by myself right now, and my sister
runs an all-night restaurant.
I am proud of the way I have brought up my children. It is true that my first
husband, Montgomery, drank and that was not good.
I always think of Miss Hamilton with fear— like a lot of people in town do.
After they took Patricia, I had a nervous breakdown. At the hospital I met
a girl who had her 2 children just taken away by Bee Hamilton. She had a ner-
vous breakdown also because she lost her children. Judge Woodward handled
the adoption of Judy by myself and my husband. I let Judge Woodward handle
the adoption of Judy because Bee Hamilton said he was the only one who could
get the adoption decree.
Sworn to and subscribed before me this October 24, 1955
W. T. MOBLEY,
, . . Notary Public, Richmond County, Ga.
My commission expires June 22, 1956.
Mr. IVIiTLER. To summarize these affidavits, the natural mother in
this case stated that she wanted to place one of her children, two of
her children, with her sister. She signed consent for adoption, think-
ing the children were going to her sister. In order to get legal advice,
she called Miss Hamilton. Miss Hamilton said that in order to do
this, she will have to take these children into the custody of the court.
The children were taken into the custody of the court.
One of the two children was placed out in California, despite the
fact that the natural mother, who had never been charged with
neglect, states in the affidavit that she thought she was signing a
consent for adoption to give her children to her sister.
Chairman Kefau\t:r. Wliat happened to the other child?
Mr. MiTLER. The second child is now living with the sister. As a
matter of fact, these children were given intelligence tests, and it
turned out that the child going to California was a child of high
capacity, and the child remaining behind apparently was not a child
of high capacity on the rating.
Chairman Kefauver. Is there anything else ?
Mr. MiTLER. There was one other case that I investigated out on
the west coast, and that was a placement that was made to a couple.
I think this should be brought out. The adoptive father in that case,
shortly after he received the child, became involved in a very notorious
extortion case. The case was on the front pages of the papers all
over the United States, and it involved his close connection with
members of the Mickey Cohen mob. He was not himself a hoodlum,
but he had been living with two call girls, and they had placed a
microphone under the bed and there was a very extended and notorious
case there, and it developed that he had been very friendly with
members of the Capone mob.
Chairman Kefauver. Was that a child placed through the Juvenile
Court of Augusta?
Mr. MiTLER. Yes. This man whom I spoke of was a friend and
intimate of the gentleman who went to San Quentin who was making
the referrals. I want to state that these children that went to the
JUVENILE DELINQUENCY 133
movie colony, many of them went into good homes there. If I have
made comments that sound derogatory about them, I did not intend
that. I did not intend to suggest that people in the movie colony
are not just as good adoptive parents as anyone else. I am just
singling out some highlights to show what appears to be careless
practice.
I would like to introduce excerpts from another letter into evidence
as exhibit 23. This is a letter from Miss Hamilton.
(Excerpts from the letter referred to was marked "Exhibit 23"
and reads as follows:)
Exhibit 23
Juvenile Court of Richmond County,
Augusta, Oa., April 24, 1944-
My Deak Gebt : You don't have to wait 1 minute for your daughter when you
get to Augusta, she's already here waiting for you, if she hadn't been I wouldn't
have said bring your whole family and come on.
(Portion of letter omitted because of presence of names of natural parents.)
Now, you know all about your daughter. But let me tell you this Gert, I can't
possibly go through a California adoption— your State department of welfare is
a pain, believe me; I've had about 25 adoptions and I'm pulling my hair out —
judge has to lay his teeth aside quite often. They get every bit of information
from a birth certificate, etc., then write every person whose name is listed there,
and then insist on sending a personal letter to the mother telling who the foster
parents are and asking if she still wants them to keep her baby or if she wants
it back, etc., etc., and we're wild. Now, our law, we hope and are praying, will
be changed next January, so you come here, get the baby and her ration books, we
will give you temporary custody so you can get insurance, etc., and then in Jan-
uary we will start your adoption proceedings. Is that allright?
Another thing, you don't have to stay in Augusta any longer than the next train
leaves and you can put your family aboard.
Of all things, you'd be going around in circles to go from Augusta to Wash-
ington and then to Chicago; on the contrary you go from Augusta to Atlanta
(taking night train and the sleeper), out of Atlanta to Cincinnati and its about
6 hours from Cincinnati to Chicago, 111.
Hurry up and come on, I'm tired taking care of your daughter, but I would like
to know what you're going to name her.
Another thing Gert dear, please don't tell anybody there that you're getting
the baby from us ; I've refused several, but you I wouldn't refuse if I could pos-
sibly help, because you had so much trouble before. But I told we had
nothing for adoption, so keep quiet on the subject of your baby, hear?
I'm waiting for you all, and I do hope it will be a decent trip. My love to each
of you.
Affectionately, Bee.
Chairman Kefauver. What is the date of it? Describe to whom
it is addressed.
Mr. IVIiTLER. It is dated 1944, Senator. It is an old letter. It is
sent by Miss Hamilton. I am quoting from it. It is to an adoptive
couple on the west coast.
But let me tell you this, Gert, I can't possibly go through a California adop-
tion—your State department of welfare is a pain, believe me; I've had about
25 adoptions and I'm pulling my hair out — judge has to lay his teeth aside quite
often. They get every bit of information from a birth certificate, et cetera,
then write every person whose name is listed there, and then insist on sending
a personal letter to the mother telling who the foster parents are and asking
if she still wants them to keep her baby or if she wants it back, etc., etc., and
we're wild.
As a result of that statement, I asked for a careful investigation to
be made in the State of California, and the Department of Social
Welfare was asked to find out if that was true. Exhibit 23a is a letter
I received from the Department of Social Welfare, State of California,
134 JUVENILE DELINQUENCY
in reply to my inquiry as to whether they revealed the names and
addresses of the adoptive parents to the natural mothers in Augusta,
Ga., cases. I am informed that that is not true; that the name and
address of the adoptive parents is not revealed in their investigation.
Exhibit 23a
State of California,
Department of Social Welfare,
Sacramento, Calif., October 13, 1955.
Mr. Ernest A. Mitler,
Special Counsel, Committee on the Judiciary,
United States Seriate, Washington, D. C.
Dear Mr. Mitler : In 1944 when the letter from Miss Hamilton, quoted in your
letter of September 19, 1955, was written, the California adoption law provided
that unless a child was relinquished to a licensed California adoption agency, the
parents' consent to the adoption was necessary. In 1949 the law was amended
to permit us to accept in lieu of the parents' consent action bv a court of another
jurisdiction freeing a child for adoption.
The consent required by our law is an agreement by the parents having custody
of the child to the adoption of the child by the persons named in the document.
If the parent consenting is in California at the time, the consent must be signed
in the presence of an agent of the State department of social welfare, or of a
licensed county adoption agency.
In 1944 it was our custom to write the juvenile court in Augusta whenever a
petition was filed here for the adoption of a child placed by it, asking for the
mother's address in order that we could obtain her consent, and requesting back-
ground information on the child. When the information given was not sufficient,
but the name of the hospital where the child was born was shown, we would write
to the hospital or the physician deUvering the child for information about the
health of the child and the parents.
We have reviewed five cases on which petitions were filed in 1944 in order to
see exactly how they were handled and what we said in our letters to natural
parents.
In one of the five cases, the consent was signed by the mother in the presence
of the juvenile court judge and there was no correspondence directly with her.
In the other four cases, we wrote directly to the mothers at the addresses'
furnished to us by the court. A letter to the mother in one case showed the sur-
name of the adopting couple in the subject, but no other identifying information.
In the other three cases, a number was used as the subject and no names appeared
in the body of the letter. The following quotations from the letters in these cases
may be of interest to you :
1. "Thank you very much for forwarding the papers which you recently sent
to this office in connection with the court matter which is pending in Los Angeles
County.
"This department has almost completed its inquiry for the report which must
be mailed to the court with the recommendation. The California law requires
when the persons concerned are within the State, they must be seen in person and
the final papers signed before an agent of the State department of social welfare.
*]^ I plan to be in , and would appreciate it very much
If you could arrange to meet me at . If it is difficult for you to get
away, would you jilease telephone a message to , and I shall be glad
to call at your home sometime during the week.
"I hope you can arrange a time to see me so that this matter mav be brought
to a conclusion without further delay. Thank you for your cooperation."
2. "As you probably know, this department is investigating the petition filed
1" > for the adoption of your son .
"Before we can complete our investigation it is necessary that we obtain your
consent to the adoption if you are agreeable to it, or your refusal of the plan if
you do not wish to have the adoption completed. Therefore, if you are satis-
fied with the adoption, will you please sign the three attached forms in the
presence, of a notary public, and return the three forms to us in the enclosed
stamped self-addressed envelope.
"If yon do not wish your baby to be adopted by the petitioners, please make
a written statement to this effect. Sign this before a notary public, and send
this statement to us."
JUVENILE DELINQUENCY 135
3. "A petition has been filed for the adoption of youi' child.
"If you wish to consent to this adoption, it is necessary that you sign the
enclosed consent forms in the presence of a notary public whose authority
should be attested to by the county clerk. It is Important that you fill in the date
and place of the birth of your child in the space provided on the consult form
following the words 'Said child was born on day in (city and
State).'
"Would you also sign the enclosed white form entitletl 'Mother's Physician's
Authorization' form in the space provided for signature of mother. Also fill in
the date of signature. It will also be necessary to fill in (on this same form) in
the lines provided — the full name and addresses of the physician you had for
yourself and your child.
"We also ask that you complete the enclosed questionnaire in order that we
may have some information regarding the child's background.
"Please feel free to write to us if you have any question about this adoption.
You may be assured that any communication will be held in confidence."
In the fourth case in which consent had been signed before the judge, the let-
ter to the mother gave no indication that an adoption was involved, but merely
asked her where a confidential communication could be sent to her.
Very truly yours,
Miss Lucile Kennedy,
Chief, D'wlsion of Child Welfare.
Mr. MiTiiER. As a result of these statements to the adoptive couples
on the west coast, the people were frightened and they tried to find
States in that area where they could go to get adoption decrees where
careful investigation would not be made.
Those are all the documents that I have at this time.
Chairman Kefauver. That is when Arizona and New Mexico were
used instead of California?
Mr. MiTLER. I have got to leave New Mexico out of the picture.
Tucson, Ariz., was the place that they sent
Chairman Kefatjver, Mr. Mitler, there are two questions that I
would like to get cleared up. How long ago did you begin your in-
vestigation on the Augusta matter ?
Mr. MiTLER. In connection with the committee work, 6 months ago.
Chairman Kefauver. About 6 months ago ?
Mr. Mitler. Yes, sir.
Chairman Kefauver. You went to Augusta and you started look-
ing at records there and different parts of the United States about
6 months ago ?
Mr. Mitler. Yes, sir.
Chairman Kefauver. And then I see that Miss Hamilton has re-
tired as head of that part, as the probation officer, or whatever her
position was?
Mr. Mitler. That is correct, Senator.
Chairman Kefalwer. When was her resignation effective?
Mr. Mitler. I am sorry, but I do not know the date.
Chairman Kefauver. I think I heard that it was about 1 month
Mr. Mitler. She put in her application, I believe, a month ago,
but I am not certain about the date. Maybe Mr, Harris would know.
I do not know.
Chairman Kefauver. For how long has she been out, Mr. Harris ?
Mr. Harris. Just 1 week or 2. She did not resign. She retired
because she had been ill for some time.
Chairman Kefaua^er. She retired about a week or two ago?
Mr. Harris. Maybe it was the first of the month.
136 JUVENILE DELINQUENGY
Chairman Kefauver. The first of November ?
Mr. Harris. I think so.
Chairman Kefauver. She had a subpena served on her to come
down.
Mr. Mftler. That was through the United States marshal in
Savannah, Ga. I forwarded a subpena to them, yes.
Chairman Kefauver. Did you hear that she was making prepara-
tions to come down and then
Mr. Mitler. Yes, I understood on Friday night — this Friday
night — that she made a visit to a relative of one of the witnesses, and
I understand that on Saturday she entered a hospital in Augusta, Ga.
Chairman Kjefau~\'er. Was it with a case of the flu or sometliing?
Mr. Mitler. Yes.
Chairman Kefauver. So that she is unable to come ?
Mr. Mitler. Yes.
Mr. Harris. In that connection, we have a doctor's certificate that
she sent to us Saturday. I understand that Mr. Mitler had a service
doctor go up to Augusta Saturday afternoon from Savannah, Ga.
Mr. Mitler. That is correct.
Mr. Harris. And also he retained another third doctor in Augusta,
and that she examined Miss Hamilton Saturday afternoon or Satur-
day night. The only information we have about it is over a telephone
message that we received from Augusta on Sunday.
Chairman Kefauver. What does your certificate say, Mr. Harris?
Mr. Harris. It says :
I hereby certify that I am a practicing physician in Augusta, Ga., and that
for the past 3 days Miss Bee Hamilton has been under my care. She is suffering
from a virus infection of her throat and chest, with a pleurisy pain in her left
side, and it is my opinion that she is unable to travel at this time.
In connection with that. Senator, Miss Hamilton years ago stayed
in bed for 6 years with tuberculosis — in her younger days. I do not
know the exact dates. It is something like 25 years ago or more. She
has had all her life weakness in those lungs and difficulty because she
stayed in bed confined for 6 years in her younger days.
Chairman Kefauver. All right, Mr. Harris. We have done our
best to try to get Miss Hamilton here, and I regret that she is not
here. Of course, at these hearings somebody always turns up in a
hospital sick or something, but we want to make the record avail-
able to Miss Hamilton. She will be given an opportunity to read it
and file with the committee any explanation that she wants to make
of any of these matters, and it will be published as a part of the hear-
ing. She will, of course, have to make her answer in the form of
affidavit because I do want her to sign any explanations that she may
have to give. We will see to it that all of this information is submitted
to her and that she has a chance of making any response to it that
she wants to make.
Did I understand you to state yesterday in your testimony, Mr.
Mitler, that these one-hundred-and-fifty-odd cases that you investi-
gated that were outside of Georgia that you found that in all of them
or it was a pattern that some funds were sent to Judge Woodward by
either the attorney for or the adoptive parents ?
Mr. Mitler. In all the cases the adoptive couples — sometimes their
attorney paid Judge Woodward a fee.
JUVENILE DELINQUENCY 137
. Chairman Kefauver. They stated they paid a fee ?
r. Mr. MiTLER. They stated that to me.
Chairman Kefauaer. Did you in most of these instances or in many
of these instances see correspondence which bore out that their state-
ment rehitive to the sending of a fee to Judge Woodward was true?
Mr. MiTLER. Yes. In some cases I got independent corroboration
in the way of checks, and in some cases the people made a search and
gave me affidavits that they searched for the checks. In some cases, it
was just an oral statement, but they all stated that they had given a
fee or sent a fee to Judge Woodward personally for legal services.
Chairman Kefaua'er. Did you find that in all of these cases a brief
was sent or in some cases was there merely sent by Miss Hamilton a
certified copy of the court paper, the decree of the court, and along
with that a statement for services? Tell us about that.
Mr. MiTLER. In many of the California cases the papers were sent by
Miss Hamilton, who I believe acted in the capacity of clerk of the court.
She was chief probation officer, and I think she did some of the func-
tions of the clerk of the court. She sent the papers on in many cases
and there was no brief.
Chairman Kefauvtir. Were the papers about which you are talking
authenticated copies of the court decrees ?
Mr. MiTLER. There was no adoption decree that came from Augusta,
Ga., because the formal adoption
Chairman Kefauver. I mean, an authenticated copy of the court
decree placing the child. Is that it ?
Mr, MiTLER. Yes. The placement document from the juvenile court
in Augusta, Ga., saying that the child was placed with this couple is
what it was. That would be the document that would be sent. Some-
times, wdien it was not an involuntary termination of parental rights —
that IS, when the children had not been taken away — the consent of
the mother would be sent along with the papers.
Chairman Kefauver. What was contained in that payment to Judge
Woodward or to Miss Hamilton ?
Mr. MiTLER. Would you repeat the question ?
: Chairman Kefauver. In those cases were payments made by the
adoptive parents or their attorneys ?
Mr. Mitler. That is what happened in the case where I quoted from
the letter. There would be payments made for a board bill and there
would be payments made in connection with legal services to Judge
Woodward. Normally, on the west coast, the cases were about $250.
; Chairman Kefauver. That was to Judge Woodward. About how
much would go to Miss Hamilton or to the court for the board bill ?
Mr. Mitler. The board bill varied. $165 seems to be quite a com-
mon figure. That was sent to Miss Hamilton personally. I do not
recall interviewing or seeing any checks where any check was made
out to the juvenile court as such. I never saw or heard of a check
made out to the juvenile court of Richmond County. They were all
made out in a personal footing with the names of the individuals.
Chairman Kefau\t:r. Later "on did you find in some cases there
would be sent to the attorney or to the adoptive parents a mimeo-
graphed copy of a brief on the powers of the juvenile court of
Georgia in matters of adoption ?
Mr. Mitler. Yes, Senator Kefauver. I think that originated with
the adoption clerk of Nassau County, whom I interviewed, and I think
138 JUVENILE DELINQUENCY
they questioned it. It seems that it was strange to them to have a
juvenile court making these placements. I should not use the word
"strange." They wanted to clear it up.
Chairman Kefauver. Did you find a number of these briefs?
Mr. MiTLER. Yes. They were sent to the attornej^s for the adoptive
couples.
Chairman Kefauver. All of them were just the same ?
Mr. MiTLER. Yes.
Chairman Kefauver. Mimeographed ?
Mr. MiTLER. Yes.
Chairman Kefau\tir. Do you have one here ?
Mr. MiTLER. I do, Senator Kefauver. That was the one that was
submitted to the attorney here this morning.
Chairman Kefauver. Suppose you identify it and see if that is
the brief about which you are talking. That seems to be a photostat
of a mimeographed copy.
Mr. MiTLER. This is the brief that I am speaking of, Senator
Kefauver. It is entitled "Powers of the Juvenile Courts of Georgia
in Matters of Adoption."
Chairman Kefauver. Let that be filed as your exhibit 24.
(The mimeographed brief containing quotations from Georgia cases
from Georgia law, is marked "Exhibit 24" and reads as follows:)
[Standard mimeographed brief sent by Judge Harry A. Woodward to attorneys for
adoptive parents]
Exhibit 24
Powers ob^ the Juvenile Couiits of Georgia in Matters of Adoption
"The juvenile court of Richmond County, Ga., is a child-placing agency licensed
by the legislature with broad supervising powers to assure the welfare of a
neglected child or one found to be under such improper or insufficient guardian-
ship or control as to endanger its morals, health, or general welfare" (Vriswcll
eiai., 60Ga. App. 115).
And in the same decision, the court stated : "Where a neglected or delinquent
child has been legally and pernuinently surrendered by a parent to a juvenile
court in a county having a population of 60,000 or more for permanent placing
in a foster home, parental control is lost and consent of such parent to adoption
is unnecessary, but in lieu thereof, judge of the juvenile court may by written
order consent to adoption."
The three questions that would naturally arise in adoption proceedings when
such proceedings are brought by prospective foster parents in a foreign state are :
(1) What authority has the juvenile court of Richmond County, Ga., to act
as a child-placing agency?
(2) What authority has the judge of said court to consent to the adoption of
children surrendered to it by their natural parent or parents for the purpose of
adoption ?
(3) Are there any limitations upon the authority of the juvenile court insofar
as residential requirements of the prospective parents are concerned?
The answers to these questions were fully discussed in briefs filed in the court
of another State, where prospective foster parents were seeking to adopt a child
placed with them by order of the juvenile court of Richmond County, Ga., by two
of the most reputable law firms in this country, namely: Hays, Podell, Algose,
Crum & Fever, counselors at law, 89 Broadway, New York 6, N. Y., and Powell,
Goldstein, Fraser & Murphy, attorneys at law, C. & S. National Bank Building,
Atlanta, Ga.
"The first question which was raised, as aforesaid, relates to the authority of
the juvenile court of Richmond County to act as a child-placing agency. In this
connection I respectfully refer to title 24 of the Code of Georgia, part 5, which
deals with juvenile courts. Therein it is provided that the juvenile court has orig-
inal and exclusive jurisdiction concerning any child under the age of 17 who is
JUVENILE DELINQUENCY 139
neglected or who is abandoned by his parents (24-2466, subdiv. (4) ) ; that 'when
conditions and circumstances warrant the termination of parents' rights, the
court may take custody of the child or children involved for suitable placement
or adoption and may act in loco parentis in all matters pertaining to their inter-
ests. In such cases the court shall act as guardian of the personal property of
the child or children involved' (sec. 24-2421 (3)). There are additional provi-
sions which specifically provide for the termination of parental rights when the
parents 'have abandoned such child,' it being provided that the juvenile court has
jurisdiction to transfer the 'care, control, and custody of such child to some other
person, agency or institution' (sec. 24-2427).
"It is important to note that in connection with the power of the juvenile court
to transfer custody of the child to any person, agency, or institution, there are
no residential requirements whatsoever with respect to the residence of such
person, agency, or institution.
"The above provisions give to the juvenile court — as the cases hereinafter men-
tioned specifically hold — all of the powers of a child-placing agency. It will be
noted that those provisions do not make the juvenile court a court of adoption.
The Georgia statutes specifically provide that the superior courts of Georgia have
exclusive jurisdiction over adoption proceedings (Ga. Code, title 74, sec. 74-^01).
"Referring to the statutory provisions governing juvenile courts, the court in
Criswell et al. v. Jones et al. (60 Ga. App. 81, 3 S. E. (2d) 115), specifically states :
" 'It follows from the above (the statutes referred to) that the juvenile court
of Richmond County is a child-placing agency licensed by the legislature, with
broad supervisory powers, to assure the welfare of a neglected child or one
found to be under such improper or insufficient guardianship or control as to
endanger its morals, health, or general welfare.'
"The second question raised relates to the authority of the juvenile court, by
the judge thereof, to consent to the adoption of a child by a prospective foster
parent, i. e., whether the consent of said juvenile court can take the place of the
consent of the natural parents. This question also is fully and authoritatively
settled under the law of Georgia.
"In Criswell et al. v. Jones et al., supra, it appeared that the father of a child
had abandoned both the child and the cliild's mother and his whereabouts were
unknown. The mother of said child surrendered said child to the juvenile court
of Richmond County, which thereafter by its order awarded custody of the child
to Mr. and Mrs. Jones, who subsequently made application in the superior court
to adopt said child. However, in the meantime Mr. and Mrs. Criswell also made
application in the superior court to adopt the same child and annexed to their
petition the consent in writing of the mother of said child. The holding of the
court was that since the mother had surrendered the child to the juvenile court
and had lost parental control of the child, her consent to the adoption of the
child by Mr. and Mrs. Criswell was unavailing, and that the consent by juvenile
court to the adoption of said child by Mr. and Mrs. Jones was the only valid
consent to the adoption of said child. Accordingly the court affirmed the order
of the superior court permitting Mr. and Mrs. Jones to adopt said child. After
referring to the relevant statutes the court stated (at p. 89) :
" 'This language clearly contemplates a situation where parental control has
been lost because of the facts stated, as where the consent of the parent, though
ordinarily requisite, is no longer necessary ; and instead the law provides that
the written consent of the child-placing agency, juvenile court, or otherwise, to
which the child has been committed by court order or legally and permanently
surrendered by the parent, shall be sufficient to authorize adoption where all the
other requisites of the law have been met.' "
A very recent case in Georgia affirms the same principle. In Collier v. Johnson,
89 Ga. App. 39, 78 S. E. (2d) 539 (Oct. 21, 1953), it appeared that the juvenile
court had ordered the child in question to be committed to the children's home in
Chatham County as a neglected child. About a month later, the parents of the
child surrendered in wa-iting their parental rights over said child, requesting
that the child be placed in some good family home for adoption. "The juvenile
court thereafter made its direction placing the child in the home of foster parents.
Said foster parents, after having the child in their home for almost a year brought
proceedings in the Superior Court of Chatham County, Ga., to adopt the child.
The natural parents interposed objections. However, the court held that the
natural parents having surrendered all their parental rights to the juvenile court,
their objection was unavailing, and the judgment of the superior court granting
74718 — 56 10
140 JUVENILE DELINQUENCY
the adoption should be affirmed. It held that the consent of the natural parents
"is dispensed with where (they) have surrendered all their rights to the child
to a court of competent jurisdiction (the juvenile court) for adoption", and that
said natural parents could not in the adoption proceedings itself, deny said
surrender.
The third or final question is as to whether there are any residential require-
ments of the foster parents when the juvenile court makes the placement of
the child. In considering this question, it is important to make a distinction be-
tween child placing activities, on the one hand, as the adoption proceeding itself, on
the other. The juvenile court, it must be understood, is not a court of adoption.
It can only act as a child placing agency. For example, the Georgia law, while
specifically providing, as above shown, that the juvenile court may act as a child-
placing agency, provides that so far as actual adoptions in Georgia are concerned,
only the Superior Court of Georgia has jurisdiction. (Geoi-gia Code, title 74, S.
74-401). But these provisions deal solely, as indicated, with actual adoption pro-
ceedings in the State of Georgia. The provisions of the Georgia Code dealing
with the powers of the juvenile court to act as a child-placing agency, make no
provisions whatsoever as to any residential requirements of foster parents in
the home of whom the child is to be placed (Georgia Code, title 24, part 5, dealing
"juvennile courts", title 24-2401 et. seq.). A complete check of the Georgia cases
reveals no case in which any such limitation has been placed on the authority of
the juvenile court. .
Quoting in part from the brief of Powell, Goldstein, Frazer and Murphy on
this phase of the matter, they state :
"From our familiarity with the practice in this State (Georgia), as well as
the decisions of the Court of Appeals of Georgia relative to the same, it is our
opinion that there are no limitations whatever on the authority of the juvenile
court, insofar as residential requirements of the prospective foster parents are
concerned. The reference in the Georgia statute to residents of the State is
applicable only to cases where the application is made to a Georgia court."
Moreover, attention is respectfully called to pertinent analogous authority.
The statutes of some States — with respect to adoption itself — omit mention of
any residence requiremnt with respect to adoptive parents. The courts of such
States hold that they have jurisdiction to entertain adoption proceedings by non-
residents because as stated by the Maryland court, "such statutes as this should
be construed liberally to aid, rather than hamper and frustrate their benevolent
purpose", and "there is therefore no apparent reason why the residence or non-
residence of the petitioner should be a condition precedent to jurisdiction unless
the statutes makes it so. And since it does not. that objection to the jurisdiction
may be disregarded". ( Waller v. Ellis, 179 Atl. 289, 293^ Md. ) ; see to like effect.
In Re: Estate of Dcsoe, 134 Neb. 371, 374, 278 N. W. 852; Farnsworth v. Goebel,
240 Mass. 18, 21, 132 N. E. 414 ; 2 Corp. Jur. Sec. "Adoption of Children" 12, p.
380.
It would seem clear, therefore, that since the Georgia statutes with respect to
the power of the juvenile court to make placement of children omit any mention
of any residence requirement upon the part of persons with whom children may
be placed, such court is authorized to place children with nonresidents of Georgia
when it deems such placement to be in the interests of the child.
In the cases of Hopkins v. Clifford. 309 111.. 363, 141 N. E. 178 (1923), the ques-
tion arose as to the validity of orders of adoption made in the County Court of
Champaign County, 111. Two orders of adoption were involved and similar cir-
cumstances were presented in each.
In one instance one of the children had been a resident of Hartford, Conn.
The Probate Court of Hartford, Conn, had declared the child to be a dependent
child, and had deprived the parents or other custodian of custody and had further
appointed a guardian who was authorized to consent to its adoption. In connect-
tion with the adoption proceedings which took place in Illinois, said guardian who
had been appointed by the Hartford, Conn, probate court, as aforesaid, gave her
consent.
In the second instance the child had been a legal resident of South Dakota.
The county court in South Dakota had committed the child to the South Dakota
Children's Home Society to act as the guardian of the child for adoption or
otherwise, after finding that its parents had deserted the child, and that it
was for the best interests of the child that he be surreunded to said home. In
connection with this adoption proceedings in the county court of Illinois, the
consent of the society by its superintendent had been filed.
JUVENILE DELINQUENCY 141
It was argued that because the children were noni'esidents of Illinois, and
in one case was a resident of Connecticut, and in the other a resident of South
Dakota, the adoption proceedings in Illinois wei'e involved.
However, the court stated as follows (at. p. 370) :
"There is nothing in the statute of this State which prevents a court of this
State taking jurisdiction of a child who is the ward of a court of a sister State,
where that court has appointed a guardian for such child, with power to consent
to the adoption of the child. There appears to he as much reason for courts of a
State taking jurisdiction, for purposes of adoption, of the person of a child found
within its borders as there is for taking jurisdiction for any other purpose bene-
ficial to the child where it is found within the State."
The court accordingly held that the Illinois county court of Champaign
County had jurisdiction in the adoption proceedings, and thus the adoptions were
valid.
And Messrs. Powell, Goldstein. Frazer, and Murphy, in their opinion on this
matter, stated :
"In our opinion, the consent of the juvenile court is as binding as if the parents
had filed their consent in your court (that is, a court in a State other than
Georgia), since, under the decision of the court of appeals in Criswell v. Jones,
60 Ga. App. 81, 3 S. E. (2) 115, the juvenile court, where it has properly taken
jurisdiction, not only takes place of the parents, but excludes their consent or
objection. The judgment of the juvenile court in this case is a final judgment
from which an appeal to the superior court lies. See Criswell v. Jones, 60 Ga.
App. at. p. 90, and the judgment of the juvenile court being at court of record
is not subject to collateral attach, and is in all respects a final judgment which
is entitled to full faith and credit in courts of other States.
"This firm and its predecessors have practiced law in Atlanta for more than
45 years. The opinion in Criswell v. Jones has not been overruled or modified
by any later decision of the court of appeals or the supreme court."
"Hon. I. H. Sutton, the judge who wrote the opinion in Criswell v. Jones,
subsequently became a member of the Supreme Court of Georgia, the highest
court of appeals in this State."
Chairman Kefauver. You found that brief around in other places
after the Nassau, N. Y., matter came up ?
Mr. MiTLER. Yes.
Chairman Kefauver. Usually, would that be sent along with the
authenticated copy of the court papers ?
Mr. Mitler. Sometimes, yes. It was not so in each case, but it was
sent along in the out-of -State cases to New York and to Plqrida.
I should state, Senator, that in quite a few cases no adoption decree
was ever obtained. In other words, the people in several of the cases
just simply had the child and apparently had not gone to court to set
a decree. I know that I am deviating from the point
Chairman Kefau\^r. The lawyer who testified from Florida be-
hind the screen here yesterday, is that the kind of brief that he got
down here ?
Mr. Mitler. That is the kind of brief that was submitted to the
attorney who testified here yesterday that we named Mr. Eobbins.
This is exactly the kind of brief.
Chairman Kefauver. Is there anything else, Mr. Mitler?
Mr. Mitler. Yes. Esther Young, who was a reporter for the
Augusta Chronicle, made an investigation of the conditions of the
boarding homes. I think it is beneficial for the committee to know
that her investigation indicated there was a gap in services to the
unmarried mothers and to these children in Augusta. I am only
interpreting her opinion that a large bit of this activity developed
because there were inadequate facilities. An unmarried mother m
Augusta finds it very difficult to get any kind of assistance.
Chairman Kefa^'er. About whom are you talking now?
Mr. Mitler. Esther Young.
142 JUVENILE DELINQUENCY
Chairman Kefau\er. Wlio is she ?
Mr. MiTLER. She is a reporter for the Augusta Chronicle.
Chairman Kefau\'er. Her feeling was that there were not hospitals
or homes or whatnot of the city or the State, and that a lot of this
resulted because of the absence of proper facilities?
Mr. MiTLER. Especially for the children. They were keeping 25
children in 1 or 2 rooms, and naturally, no matter how hard the board-
ing mother tried, she could not give adequate care. She was anxious
to see that there would be additional facilities. I am not talking about
detention facilities at the moment, but facilities of the boarding
homes. They apparently need more of them and they sliould receive
better pay for boarding mothers — the boarding mothers should receive
better pay. She felt, and I think I do also, that that was one of the
real reasons for this situation.
Chairman Kefauver. Mr. Mitler, I am sure that you have not been
able to trace down every case, but you traced down a good many of
them. Would you give us some general statement about the number
of placements out of this court in which Judge Woodward and Miss
Hamilton charged fees? Can you give us an estimate of this?
Mr. MiTLER. Would you excuse me for just a second?
Cliairman Kefauver. Yes.
Mr. Mitler. The closest I can get is that I have an overall list of
placements made in Georgia and outside of Georgia. I cannot be
scientifically correct, but they are over 300 that I can say. I cannot
be scientifically correct about it because it is not possible to get an
accurate list.
Chairman Kefauver. On this chart that you had here showing the
petitions filed in the Superior Court in Richmond County, do you
remember how many cases that chart involved ?
Mr. Mitler. That was about 300 cases.
Chairman Kefauver. That was petitions filed in Georgia?
Mr. Mitler. That was petitions filed in Georg'a. This is something
else that I have here. The list of out-of-State cases would have to
be added to that, and a few of those out-of-State cases are cases where
the people never came to Augusta but got the decrees there. I think
that would bring it well over 400.
Chairman Kefauver. We have had testimony from Mrs. Epps here
that she thought 400 or 500 children passed through her boarding home
during the time she rented, which, I believe, was from 1941 to 1950.
How many boarding homes were there like that ?
Mr. Mitler. I believe there have been seven that I know of. At
present I know of two. In many cases the children were placed with
local couples, and the couples thought they had adopted the children
and they had them in their homes for 15 or 16 years, and all kinds of
complications came up as a result of their not having formal adoption
decrees. I cannot state how many of those cases there are.
I interviewed local people in Augusta who received children from
the juvenile court thinking that they had adopted them. They had
the children for as long as 16 years before learning that the legal paper
they had was not a formal adoption decree but a temporary award
of custody. In one case the foster child stumbled on these papers
himself, and saw his name was diiferent from that of the supposed
adoptive parents. Of course, there was a disruption of family rela-
tionships. I cannot say how many of those cases there are.
JUVENILE DELINQUENCY 143
(Affidavit describing above case is inserted in record as exhibit 25
and reads as follows :)
Exhibit 25
Affidavit
."^ duly deposes, swears and says :
About 17 years ago I received a little boy for adoption froto Miss Hamilton
of the juvenile court here in Augusta. The little boy's mother had deserted him.
He was 9 months old at the time and in very bad physical condition. About 2,
months after I had him, the little boy's mother came to my house and pretended
she wanted to work for me. Later she came back with a knife and threatened
to cut me unless I returned the little boy to her. I had her arrested and in
court I produced some papers the juvenile court had given me through Miss
Hamilton to show that I had a right to the little boy. That satisfied the judge
that the little boy belonged to me.
I always felt and know that I was told by Miss Hamilton that he was legally
mine, and I understood that I had adopted him. I don't know anything about
law or adoption decrees or such matters. I just relied on Miss Hamilton and
the juvenile court.
When my boy was 14 years old he dug up the papers. He was shocked to
see that his name was different than ours. If he'd been rightfully adopted by
the court like I thought he was, his birth certificate would have carried my
name. After that time, he got very upset and was impossible to handle. On
one occasion, I went to social security to get assistance. They told he I wouldn't
be allowed anything for him, the little boy I thought I had adopted, because I
didn't have the right papers.
I went to Miss Hamilton and told her that I wanted to get an adoption decree.
She said, oh, well, it's too late now to have his name changed and get the
papers ; besides it will cost you $100. I didn't have $100 and anyway she dis-
couraged me about it. I found that I had just been given an award of temporary
custody of the child and not an adoption decree like I thought. This I found
out from lawyers.
My boy is in the Army now. I'm grateful that I got him and was happy to
bring him up. But I sure don't understand why Miss Hamilton and the court
didn't see to it that I got the right papers.
(Signed)
Chairman Kefauver. Is there anything else, Mr. Mitler?
Mr. Mitler. No.
Chairman Kefauvter. Mr. Harris, do you want to ask questions?
Mr. CoNGDEN. I would like to ask Mr. Mitler some questions,
Senator Kefauver.
Chairman Kefauver. Go right ahead. Do not take too much time
if you can because we have a lot of witnesses this morning.
Mr. CoNGDEN. I will try to confine my questions only to what I
think is pertinent and to try to clarify some of the things about which
Mr. Mitler has testified.
Chairman Kefauver. Proceed.
Mr. CoNGDEN. Mr. Mitler, you testified that this letter dated June 3,
1944, was a letter to Miss Elizabeth Hamilton?
Mr. Mitler. Excuse me. It is not to Miss Hamilton.
Mr. CoNGDEN. From Miss Hamilton?
Chairman Kefau\t:r. Let us take it easy. Let him answer the
questions.
Mr. CoNGDEK. It is from Miss Hamilton to an unnamed person?
Mr. Mitler. Yes.
Mr. CoNGDEN. It states that she wants them to have mailed 2 checks,
1 to Judge Harry A. Woodward for $250.00, fee for filing temporary
adoption papers, and 1 to Miss Elizabeth B. Hamilton for $165.00,
* Foster mother's name and address are withheld but are on file with the committee.
144 JUVENILE DELINQUENCY
boai^d for 11 months in a boarding home at $15.00 a month. Will
you state whether or not you checked with the comity treasurer of
Richmond County, Ga., to see if that $165.00 in board was turned in ?
Mr. MiTLER. I did so check.
Mr. CoNGDEN. What did you find ?
Mr. MiTLER. That the records could not be gotten until the new
building went up. Mr. Mertins stated that to me.
Chairman Kjefauver. I will have to ask our guests here to let us
proceed as quickly as possible.
Mr. MiTLER. That was Mr. Mertins that stated that to me.
Mr. CoNGDEN. Do you mean Mr. Mertins, the county treasurer?
Mr. MiTLER. He said they were all mixed up upstairs and he could
not get them until the new building went up.
Mr. CoNGDEN. 'V^T.ien did you have that conversation with Mr.
Mertins ?
Mr. MiTLER. About 2 weeks ago.
Mr. CoNGDEN". I believe you stated, sir, that you were a member of
the bar of the State of New York and a former assistant district
attorney of that State?
Mr. AliTLER. That is in the record, yes.
Mr. CoNGDEN. You stated further that the authorities of Nassau
County, N. Y., thought that it was very strange that the law of Georgia
should see fit to vest in the judge of the juvenile court the power to
place children. Did you not st ute that ?
Mr. MiTLER. Most of the adoption clerks in New York City told
me that.
Mr. CoNGDEN. Is it not true that the bar of the city of New York
thinks that anything that is done in the southeast is strange if it does
not agree with what the law in New York is ?
Cliairman Kefauver. Mr. Congden, now
Mr. Mitler. That is not a question.
Chairman Kefau\ter. We want to get along. We want to extend
every possible courtesy to you. Let us confine our questions to the rec-
ord.
Mr. Mitler. Could I state this ?
Chairman Kefauver. Just a moment. Just take it easy. Let us
not get into a sectional argument. We have facts here to ask about.
Mr. Congden. Senator, I do not wish to get into a sectional argu-
ment, but I think a great deal of the difficulty with Mr. Mitler has
been that which concerns the general attitude on the part of the New
York bar. I run into it all the time in my private practice.
Chairman Kjefauver. ]Mr. Congden, for your information Mr.
Mitler has made the statement that he made an intensive investigation
of what has gone on in Chicago, Canada, New York, Kansas, Iowa,
Memphis. Somebody, as a matter of fact, sent me a telegram about
why we did not investigate the situation in Tampa. I wish to say
that this whole matter was fully investigated and the whole story
wiis told in our Chicago hearing. I do not think that this kind of
thing
Mr. Mitler. Could I make one remark ?
Chairman Kefauvter. Keep this on the record.
Mr. Mitler. I would like to make just one comment. The chief
adoption supervisor of the Department of Social Welfare of Call-
^[^tFVENILE DELINQUENCY 145
fornia objected very strenuously to this, and she was a resident and
she was brought up in Augusta, Ga., and she worked in the law
offices of Augusta, Ga. Slie objected to some of these practices and
yet she was from that city. I do not know whether you two gentle-
men
Chairman Kefauver. What is her name now ?
Mr, MiTLER. Miss Bess Erwin.
Chairman Kefauver. This New York, California, Georgia thing I
do not think is really
Mr. Harris. We are not trying to do what the Senator thinks. Mr.
Mitler testified just now that they considered Georgia system strange.
Chairman Kefauver. Mr. Harris, Judge Woodward said that he
had a letter from a New York lawyer in which they were raising
serious questions. That is the reason he wrote this brief. I do not see
much difference.
Mr. Harris. What we were trying to do is develop this idea, which
we think is correct, that all of this difficulty and all of this contro-
versy about Judge Woodward arises due to the fact that the other
States do consider Georgia system strange, and it was difficult to
explain the situation to them. That is the point we are trying to
develop.
Chairman Kefauver. I do not exactly see the point, but go ahead.
Mr. Mitler. Incidentally, I sent New Yorkers to jail in New York
in connection with baby cases, and for 8 years I investigated right
in New York.
Chairman Kefauver. That is correct.
Mr. Congden. But you have not sent anybody to jail in Georgia
3"et ; have you ?
Mr. Mitler. That is just a sly side comment.
Mr. Congden. I am going to connect those sly side comments,
Mr. Senator.
Chairman Kefau^ver. I might tell you that there were resolutions
filed with our subcommittee to require an investigation of this subject
matter, and we inquired all over the country and we felt that Mr. Mit-
ler was the best qualified man to head our subcommittee on this
matter. Go ahead.
Mr. Congden. May I go ahead ?
Chairman Kefauver. Yes.
Mr. Congden. Thank you, sir.
Mr. Mitler, you stated a few minutes ago when you were referring
to a case that I believe occurred in the State of California — I have
had some difficulty in following without names and not knowing
exactly about whom you are talking, but I believe you stated that
there was a case in which Miss Hamilton had told the prospective
parents or the adoptive parents that this child was the child of some
neighbor of hers and had told the mother of the child that the child
had been born dead or someone had told her that, and you stated,
if I recall it properly
Mr. Mitler. I did not say Miss Hamilton said that to the mother.
Mr. Congden. I said or a woman. I think I am being accurate.
I am not trying to be smart, sir. You stated that as a result of those
statements, if I correctly remember what you stated, that it made it
impossible for the California authorities ever to find the natural
146 JUVENILE DELINQUENCY
mother of that child and to make a proper investigation. Did you not
make that statement ?
Mr. MiTLER, They were fortunate in one case out of a hundred after
working and working and working. It just so happened that by hick
they happened to find one.
Chairman Kefauver. Just answer the question.
Mr, CoNGDEN. But you did find her ?
Mr. MiTLER. I did.
Mr. CoNGDEN. Therefore, when you said that it was impossible, that
was not accurate; was it?
Mr. MiTLER. It would have been possible if the Department of
Social Welfare of California abandoned all their other child-welfare
activities and sent their peo]:)le across the country and all over the
United States. It would have been possible under those circumstances
if they neglected child welfare in California and started looking for
thepe natural mothers. That is true.
Mr. CoNGDEN. I hold your exhibit 21, sir. This is an exhibit about
which the Senator said we will not use the names.
Mr. MiTi.ER. There are some names that I would prefer you not
to mention there.
Mr. CoNGDEN. I hold this exhibit 21. You stated earlier in your
testimony, I believe, that you made a careful search of the records in
the office of the clerk of the superior court of Richmond County, Ga.,
for the purpose of ascertaining the facts in regard to the work of this
subcommittee. Did you not make that statement ?
Mr. MiTLER. Not the work of this subcommittee; the work of the
juvenile court.
Mr. CoNGDEN. The work of the juvenile coui-t. In this affidavit
that you have presented here as exhibit 21
Mr. MiTLEK. It is not an affidavit.
Mr. CoNGDEN. What is it then ?
Mr. MiTLER, It is a consent to adoption.
Mr. CoNGDEX. Read it.
Mr. MiTLER. I am not going to back out. It is not an affidavit.
Mr. CoNGDEN. It is an affidavit.
Chairman Kefauver. If you cannot tell what it is, pass it up here.
Mr. CoNGDEx. I would like to ask the marshal to hand that to
Senator and let him determine what that is.
Chairman KEFAU^"ER. It is something signed by a lady down here
who says she is unable to rear her children and she consents to giving
up the custody of her children. It is sworn to. You may call it what
you want.
Mr. IVIiTLER. It is a sworn statement.
Mr, CoNGDEN, If I may, sir, we ordinarily in Georgia, strange as
it may seem, call sworn statements affidavits.
Chairman Kefaus'er. It is immaterial, whatever it is.
Mr, CoNGDEN. Do you not know that the maker of this affidavit on
her trial for perjury before the superior court of Richmond County,
Ga,, denied that she made this affidavit ?
Mr, MiTLER, I was addressing myself and my search to the fact
that the affidavit contained a statement of fact — would you give me
your attention, please ?
INIr, CoNGDEN, I hear you, sir.
JUVENILE DELINQUENCY 147
Chairman Kefauver. Just calmly state what you have on your mind.
Mr. MiTLER. I stated it contained a statement of facts of events
that took place after April 7, 1948, the date the written statement was
made. You would have to be clairvoyant to know those facts.
Mr. CoNGDEN. She denied the truth of this affidavit.
Mr. MiTLER. I did not discuss all that because I knew nothing of
it. That is subject to documentary proof. A petition for divorce was
filed a year later, and in that particular document it states that a final
divorce has been already obtained, and Judge Woodward was talking
yesterday about careful legal work.
Mr. CoNGDEN. Was not the lady who signed this affidavit in this
room yesterday ?
Mr. MiTLER. This is subject to documentary proof.
Mr. CoNGDEN. You did not discover the fact that she denied mak-
ing it ?
Mr. MiTLER. That was not the point at all. The point was it con-
tained a statement of fact of something that happened after the date
that was easily subject to verification. The signing has nothing to do
with the point I am discussing.
Chairman Kefauver. As I understand it, she states in there she was
divorced, and it turned out later that she was not divorced. Was that
the point ?
Mr. MiTLER. That is correct. Senator, the petition for divorce was
not
Chairman Kefauver. I guess it is quite apparent that she swore
to a falsehood if she signed that affidavit because she actually was
not divorced at that time.
Mr. CoNGDEN. We think it is a matter of material importance to
the Senator and to his committee and to the United States Senate.
We question the authenticity of the document which has been intro-
duced in this hearing and we feel it should be examined. We feel that
if the ]:)erson who purports to have made this affidavit has denied under
oath she made it, that that is a matter that the committee should care-
fully consider in its
Mr. MiTLER. Senator, that matter has not even been brought up
here.
Chairman Kefauver. If the lady is here, we will ask her after a
while whether she made the affidavit.
Mr. CoNGDEN. I merely asked Mr. Mitler if he made the investiga-
tion and found that out.
Mr. Mitler. There is just one point. There is a document on
record. It is part of the record. It is a part of the adoption proceed-
ings. It contained a statement of something that happened about
2 years after it was signed and something that vitally affected the
welfare of the child. That has to do with the careless les-al work
done in the juvenile court. It is something that could easily have
been found out.
Mr. MixoN, the attorney, was just a matter of a few feet away from
the juvenile court in Augusta.
Chairman Kefauver. Proceed.
Mr. Congden. Mr. Mixon, the attorney, is not connected with that
court in any capacity as far as you know or believe ?
Mr. MiTLER. I tliink he is known to the personnel and on friendly
footiniJ:.
148 JUVENILE DELINQUENCY
Mr. CoNGDEN. That is true of all the members of the bar of the
city of Augusta, is it not ? Do you know that to be a fact ?
Chairman Kefauver. I think we will let the record show that all
the members of the bar of the city of Augusta would know the
juvenile court.
Mr. CoNGDEN. The witness, Senator, is intimating that the judge
of the juvenile court has been negligent because he did not make
inquiry of another member of the Augusta bar about a matter which
he had nothing to do with. We say that that is an unjust criticism
and one that is not authorized by anything in the record. We want
to show that— any more than the judge should come and ask me about
something that I am handling in my private capacity.
Mr. MiTLER. Excuse me. Could I see Mr. Kiley for a second?
I want to speak to him. It has nothing to do with this testimony,
but it is about something else that I think is quite material.
Chairman Kefauver. I think the point you are making is that
this lawyer had his office in the same building or close by. Was
that what the matter was ?
Mr. Mitler. He has his office, I believe, on the same floor as the
offices of the juvenile court, and being that this girl was only 16
years old I assume that the authorities of the juvenile court, when
they knew she had had a complicated marital situation, would verify
what she said about it since it was very important to determine
whether the child was legally free for adoption. It could easily
have been found out. I did not say they had an obligation, but I do
not think they would rely on her word exclusively for all these
complicated details.
Chairman Kefauver. Is there any thi ng else ?
Mr. CoNGDEN. I hold Mr. Mitler, your Exhibit 20, which is an
affidavit. It says so at the bottom.
Mr. Mitler. It says so at the top, yes.
Mr. CoNGDEN. Excuse me, but it is at the top.
You read into this record certain excerpts of this affidavit, but
you did not read it all, did you ?
Mr. Mitler. I stated that I was not going to read it all.
Chairman Kefauver. Mr. Mitler, it has been filed as an exhibit?
Mr. Mitler. Yes.
Mr. Congden. Senator, there are certain parts of it that Mr. Mitler
has read. I want to read the other parts.
Chairman Kefauver. Read what you want to read.
Mr. Congden. You did not read this part [indicating].
Mr. Mitler. I said that I was not going to read the whole affidavit.
It was not a deliberate evasion of it. It was just because I was high-
lighting the thing.
Mr. Congden. I am not making any insinuations as to your reasons,
sir. I only want to read
Mr. Mitler. Then read it.
Chairman Kefauver. Just read what you want to read.
Mr. Congden. I will, sir, if he will allow me to by not interrupting.
I went to Miss Hamilton during the time we were separated when I needed
help with the children.
You did not read that, did you ?
Mr. Mitler. Well, you
jm^ENILE DELINQUENCY 149
Mr. CoNGDEN. All right, sir. Wait a minute.
Mr. MiTLER. Continue your reading.
Mr. CoNGDEN (reading) :
Miss Hamilton sent me to the Welfare Department and referred me to a lady
whose name, I think, is Miss Roberta Biggers. Miss Biggers helped me get a
place to live in the Olmstead Arms. I then had another child.
I gave my children good care. I did have a boy friend and I went out once in
a while. I always worked and did the best I could. A complaint of neglect was
made against me. While I was out one day, Miss Hamilton spoke to the children
and asked them if they wanted to stay with me.
That precedes the paragraph that you read, the one about Miss Ham-
ilton serving her with a subpena. That gives the background, does it
not, Mr. Mitler ?
Mr. Mitler. Why do you not read the rest of the affidavit?
Mr. CoNGDEN. You read the next paragraph. Shall I read it again ?
Mr. Mitler. We don't want to make it incomplete.
Chairman Kefauver. Mr. Congden, just read the whole thing.
Mr. Congden (reading) :
One Friday Miss Hamilton served me with a subpena. I went to the juvenile
court the next morning, Saturday. She told me not to worry about anything —
that the judge just wanted to give me a good lecture. I didn't have a lawyer —
thinking it would be just a talk.
When I arrived, there was a hearing. Miss Biggers said that I always worked
and was doing the best I could. She really testified for me. That Saturday morn-
ing, the judge took away my children. They said it was on the grounds of neglect
and that I was running around too much. That is not so.
If they talk about neglect, the children were in a terrible condition where they
were placed. There were lots of children there and only one lady to look after
them. The children were in a mess and they certainly didn't have any mother
love. I call that real neglect.
The two oldest children were sent to my mother. Four of them were adopted
out. Two of them went out of the State.
One time I learned where one of my boys, , was.
I did not mean to read the name.
Chairman Ivefauver. Strike that.
Mr. Congden (reading) :
Blank has him — her husband runs a barbershop in Augusta. I tried to get in
touch with him and they sent a detective around to see me and he told me
I would get locked up if I tried to speak to Blank. Finally, the Blanks told
me I could have him back If I would pay them $100 — which it cost them to get
him. I did not have the money. They let me have him for 1 night, and I never saw
him again.
I had 3 boys and 1 girl. I say that I did not do anything that they should
take these children away from me forever. I suppose they will argue about
that, but one thing is sure, giving the mother notice on Friday afternoon and
taking the children away on Saturday in a courtroom does not seem fair. I
know things were not perfect with me, but at least the children were with their
own mother and I was working and doing my best. That is much more than a
dirty, filthy, boardinghouse with a lot of other children or without any mother
love. It looks like they wanted the children to send them out of the State for
adoption, like Mrs. Epps said.
All this happened in 1949. I do not remember the exact dates.
I received a subpena on Friday morning to appear at juvenile court at 9
o'clock Saturday morning. I asked if my children were to be taken, and they
said I was going to get a talk about my children from Judge Woodward. When
I received the subpena, it did not mention taking my kids from me. They prom-
ised to take the kids just for a while from me, but they never did offer any
effort to give them back to me. My kids were in a car out in front of the
courthouse.
150 JUVENILE DELINQUENCY
When they went out a man and a lady — I can't recall their names — took the
four kids and put them in a car and took them to the home of Mrs. Epps. These
are the names of my kids.
I will not read the names and birth dates of these cliildren.
They were always fed, bathed, and taken care of and, in fact, they were fat
and very fine looking kids.
The boarding-house that the witness, Mrs. Epps, ran is the one that
she said was a dirty filthy place and not fit for the children to be in ;
is that correct ?
-{ Chairman Kefauver. That speaks for itself .
Mr, CoNGDEN. When you were checkiiig- the records of the superior
court of Richmond County, Ga., Mr. Mitler, did you happen to check
the presentments of the grand jury of that county during the i^pril
term, 1951, of that court ?
Mr. Mitler. No. I understand there was one. I did not happen
to see it, Mr. Congden. I learned of it. I understand that some of
this material, a fragment of it, was presented and no action was taken.
Mr. Congden. What fragment?
Mr. Mitler. I do not know what goes on inside of a grand jury.
Chairman Kefauver. I think there is no necessity for argument
about this. Something was presented to the grand jury. No present-
ment was found. You know nothing about it?
Mr. Mitler. No. That is privileged.
Mr. Congden. Presentments are on the record. Senator, and a care-
ful search of the records of our court would reveal that. I would
have thought that it would have been discovered.
Did you read of the reappointment of Judge H. A. Woodward as
judge of the juvenile court of Richmond County, Ga.?
Mr. Mitler. I assume it happened. He is still judge.
Mr. Congden. Did you read it?
Mr. Mitler. I did not read it.
Mr. Congden. You did not see what the superior court judges said
about the work that is now under criticism here?
Mr. Mitler. I spoke to them about it recently. He wanted to know
some more facts. A lot of these things were astounding to him.
Mr. Congden. To whom?
Mr. Mitler. Judge Anderson.
Chairman Kefauver. He is a superior court judge?
Mr. Mitler. He is the senior judge.
Chairman Kefauver. When did you speak to him ?
Mr. Mitler. I spoke to him about 2 weeks ago.
Chairman Kjefauver. He said some of these things were astounding
to him?
Mr. Mitler. He said he wanted to know more about it, and I think
he used — he did not use that adjective, but he said to me that he was
surprised at some of these things that I showed to him that were
documented.
Mr. Congden. We have no further questions. Senator.
Chairman Kefauster. We will take about a 5-minute recess.
(Recess taken.)
Chairman Kefauat.r. The hearing will come back to order.
All right. Judge Woodward. You may come around.
JUVENILE DELESTQUENCY 151
FURTHEK TESTIMONY OF JUDGE HARKY A. WOODWARD, JUVENILE
COURT JUDGE OF RICHMOND COUNTY, AUGUSTA, GA.; ACCOM-
PANIED BY COUNSELS, ROY HARRIS AND WILLIAM CONGDEN,
AUGUSTA, GA.
Judge Woodward. May I have that affidavit?
Chairman Kefauver. Just have a seat and we will send you any
affidavit that you wish.
Judge Woodward. Exhibit 24.
Chairman Kefauver. The young lady will bring them around.
Judge, when you were testifying yesterday you had your file in
connection with the New York matter where the surrogate in New
York was raising some question about your jurisdiction or authority.
Do you want to continue on with that ?
Judge Woodward. Yes, sir, I would like to.
Chairman Kefauver. I believe at the end of your testimony you
had said that they raised some question, and that you prepared a
brief and perhaps some lawyer or law firm in Atlanta had also pre-
pared a brief to sustain your position in the matter. Was that correct ?
Judge Woodward. That is correct.
Chairman Kefauver. Do you want to proceed on from there?
Judge Woodward. Yes, sir.
Chairman Kefauver. That photostatic copy of the brief that was
introduced, show that to the judge. Is that a copy of the brief that
you prepared ?
Judge Woodward. Yes, sir. I have here a photostatic copy of the
letter that I received from the firm in Atlanta. They were writing
to Mr. Bennett, the surrogate of Nassau County Surrogate Court.
They wrote directly.
We are advised that you are considering the above-captioned application con-
cerning the adoption of a certain child and desire the opinion of Georgia coun-
sel regarding the authority of the juvenile court of Richmond County of consent
to the adoption of this child whose parents reside outside of the State of Georgia.
From my familarity with the practice in this State, as well as the decisions
of the Court of Appeals of Georgia relative to the same, it is our opinion that
there are no limitations whatever on the authority of the juvenile court in so
far as residential requirements of prospective parents are concerned.
It then refers to some of the cases in the Georgia courts.
It appears from examination of papers in this case that the juvenile court of
Richmond County approved the placing of this child to the persons living in
New York State, with the view to adoption ultimately by these parents, pro-
viding they complied with the laws of New York. In our opinion the consent
of the juvenile court is just as binding as if the parents had filed their consent
in your court, since under the decision of the court of appeals in Griswald v.
Jones (60 Ga. Appeals 31, headnote 2), the juvenile court, when it has properly
taken jurisdiction, not only takes the place of the parents but excludes their
consent or objection. The judgment of the juvenile court in this case is a final
judgment, from which an appeal to the superior court lies, since Griswald v.
Jones (60 Ga. Appeals, p. 90), and the judgement of the juvenile court being a
judgment of a court of record, it is not subject to collateral attack and is in
all respects a final judgment which is entitled to full faith and credit to the
courts of other States.
It goes on to say that this firm and its predecessors have pra_cticed
law in Atlanta for more than 45 years. It says that the opinion of
Griswald v. Jones has not been overruled or modified by any later
152 JUVENILE DELESTQUENCY
decision of the court of appeals or the supreme court. The honorable
I. H. Sutton, the man who wrote the opinion, subsequently became
a member of the Supreme Court of Georgia, the highest court of ap-
peals in this State,
We worked nearly a year on this case. We started in July of 1953,
when I was employed directly by a New York firm to represent them
in the matter of law connected with this adoption in my private law
practice.
The letter is here on file. I read it here yesterday.
We started in June 1953 and on July 24, 1954, the lawyer in New
York from whom I was operating in Georgia in this matter getting
up the law — he added this as the last paragraph :
You would not be human if your patience were so tried by all the problems
that you have had. However, I believe they are now at an end and the matters
will proceed smoothly. I do not know how I can thank you for helping these two
people.
That is one. I think it would now be interesting to note how these
cases arise.
Chairman KErAu\^R. Judge, let me get something clear. This sur-
rogate case arose in 1953 ?
Judge Woodward. Yes, sir.
Chairman Kefauver. I think you said July of 1953 ?
Judge Woodward. That is correct.
Chairman Kefauver. And the law firm in Atlanta prepared a brief,
and that you prepared a brief, which you have here identified ?
Judge Woodward. Yes, sir.
Chairman Kefau\^r. Did you say yesterday that that was the brief
that you had printed and that you sent out to other lawyers or to
adoptive couples ?
Judge Woodward. Yes, sir.
Chairman Kefauv^er. Did you have it printed or did you have it
mimeographed ? Which one was it ?
Judge Woodward. Mimeographed.
Chairman Kefauv er. And prior to that time, what kind of a brief,
if any, did you send to them ?
Judge Woodward. Just a typewritten brief. They were modified
time and again as the need was required. Whenever any new law
or anything changed, changes in the briefs were made. The fact is
that I rendered
Chairman Kefauv'er. Did you have a printed brief that was shorter
than the one that you sent prior to that time ?
Judge Woodward. It was not the printed brief, but it was a type-
written brief and it was shorter.
Chairman Kefauver. About how many pages was that previous
brief ? Do you have a copy of one there ?
Judge Woodward. No. I use this brief entirely now. I imagine
it was about three pages. This takes up the analogous authorities, and
that extends it.
Chairman Kefauver. I notice sometliing here on the bottom of page
4 of the statement which I suppose is the cause of the controversy
that you had in New York. That says that it deals with the provision
of the Georgia code dealing with the powers of the juvenile court
to act as a child placing agency, and it makes no provisions whatsoever
JUVENILE DELINQUENCY 153
as to any residential requirement of foster parents in which home the
child is to be placed.
Judge Woodward. That is correct.
Chairman Kefauver. But you interpret that to mean that children
could be placed in any other State and that the decree of your court
is not to be appealed from and is final and binding ? Is that it ?
Judge Woodward. Yes, sir. When I make a decision on account of
unfitness and neglect and children are taken from the parents and
all parental authority divested, then I become empowered with all
the powers to make placements, and placement is the extent of my
authority, and nothing else. I have no power of adoption. That is
in another court exclusively in Georgia.
Mr. MiTLER. Judge Woodward, did the opinion on the cases giving
you authority to place out mention anything at all or endorse the
fact that you could accept money for doing this ? Do those opinions
say anything about accepting money for terminating parental rights
and placing out children ?
Judge Woodward. No, not at all.
Chainnan Kefauver. That was in his private law practice.
Judge Woodward. That is my private law practice.
Chairman Kefauver. Judge Woodard, you go right ahead now
and just take up things in sequence.
Judge Woodward. I want you to know how some of these cases
originate and show you what the best thing we can do is. For instance,
I have here another case, a New York case.
Chairman Kefauver. How do you want to identify that case?
Judge Woodward, I do not want to file this. It is my original
record from the office.
Chairman Kefauver. Call that case Y.
Judge Woodward. Case Y. It is a New York placement. They
made application for the privilege of adopting a child. That usually
originates because someone else who has adopted a child tells them
about the juvenile court, and they write. Then, an investigation
begins. As I told you yesterday, agencies will not make an investi-
tion prior. They turn us down repeatedly on an investiga-
tion prior to the child actually getting in the foster home to see
how the child and the foster parents will adjust. They will not make
one ahead of time.
Chairman Kefauver. What agencies will not make one. Judge?
Judge Woodward. Sir ?
Chairman Kefauver. What agencies will not make one ?
Judge Woodward. I tried it in New York, I tried it in California
and I tried all of them. They turned us down. They want to see the
child actually in the home before thej' make an investigation.
Chairman Kefauver. What is the matter with your agency making
one?
Judge Woodward. We do make one, but we have to make it in this
manner, and I am going to show it to you. We do not get an agency
to do it until afterward. However after the child is placed they do
make an investigation and either approve or disapprove the place-
ment. That goes before the court in which the adoption proceeding
is pending.
154 JUVENILE DELINQUENCY
Chairman Kefauver. It seems to me to be all important to make
the investigation before the child is placed. If the child is in a home
for 6 or 8 months, even though it is not a suitable home there is going
to be a lot of heartaches to upset it. My question was what is the
matter with the juvenile court and the probation offices of Richmond
County, with them making a preplacement investigation?
Judge Woodward. AVe do, and here is the way it is done — we get
from various people — here is one in reference to these people, and this
letter is from Rabbi Irving Miller.
Chairman Kefauv er. From whom do you first hear about this case ?
Is it that the adopting parents write you 'i
Judge Woodward. No. They come usually. These people came
here, and I took down the information on this yellow sheet.
Chairman Kefauver. They came to Augusta ?
Judge Woodward. Yes, sir. I take down the information about the
foster father, his schooling, and information about the foster mother.
I find out about his business, what amount of insurance he carries,
what is his approximate worth, his habits, social drinking, his religion,
the date of marriage, foster mother's habits, references. They give me
four references. Then, you write to these people before any child
is placed. This rabbi
Chairman Kefauver. You are describing Rabbi Irving Miller?
Judge Woodward. Yes.
Chairman Kefauver. He is a very distinguished rabbi.
Judge Woodward. He wrote this. I have no hesitation whatsoever,
he says, in recommending this couple for the adoption of the child.
He says that he has known Mr. and Mrs. Blank for many years and
he says that they are fine members of his congregation and are held
in high esteem in the community. He says that he knows the child
will be raised in a good, wholesome home environment of very high
moral character, and he says that these people have a sense of re-
sponsibility and both parents will both love and heap blessings upon
the child.
The other letter comes from a Mr. Samuel Sondel. He is a certified
public accountant, and he says that he has known these people inti-
mately. He writes that he has been requested by this couple to
apprize me of some of the facts concerning
Chairman Ivefau\t:r. I do not want to cut you short, but you had a
letter of recommendation from somebody ?
Judge Woodward, From responsible people.
Chairman KEFAU\rER. Was this couple staying in Augusta all the
time?
Judge Woodward. No, sir. It was a case in New York, and it was
handled by the same surrogate, Mr. Bennett.
Chairman Kefauver. I thought you said they came to Augusta ?
Judge Woodward. They came to Augusta to make the application
and to talk with me about it.
Chairman Kefauver. Did they get the child while they were in
Augusta ?
Judge Woodward. No. They came back after this investigation
was completed.
Chairman Kefauver. They came back and then got the child?
Judge Woodward. Yes. I would like to speak
JUVENILE DELESTQUENCT 155
Chairman Kefauver. Did you know the adoptive parents at all be-
fore this ?
Judge Woodward. No, sir.
Chairman Kefauver. Had you ever seen any of them?
Judge Woodward. Miss Hamilton handled that mostly. She was
a placement officer. I have always had the utmost confidence in Miss
Hamilton and have had that for years. She made the investigations,
and then she finally comes and submits to me the petition. I look it
over. She said she approved it, and I said, "It is fine if you approve
it." Most of them originated that way.
Chairman Kefauver. In this case that we have called Case Y that
you have, did some New York lawyer come into that case ?
Judge Woodward. The one you just mentioned ?
Chairman Kefauver. Is that the one where you had difficulty with
the surrogate ?
Judge Woodward. Yes, it was a New York firm.
Chairman Kjifauver. That is the one where you prepared briefs
in connection with it ?
Judge Woodward. That was a part of my formal brief. There was
a brief added by the New York lawyers and by the lawyers from
Atlanta. The three of us made up the brief together, so to speak.
Chairman Kefauver. How about these cases where the child was
taken out to California or somewhere by Miss Hamilton or by a nurse,
or in one case where the child was put on a plane by herself ?
Judge Woodward. I cannot recall that. There are many things that
I cannot recall, really, and I do not want to be evasive. If the records
has been subpenaed here, I could have shown you many things, but I
will not trust to my memory to say something that is not before me.
However, Senator, there is one thing that I do know. It is impressed
in my mind deeply, and I think you should know it. It refers to
this
Chairman Kefauver. Strike the name. You are talking about
Judge Woodward. About this case referred in exhibit 20.
Chairman Kefauver. That is the affidavit that you have in your
hand?
Judge Woodward. Yes.
Chairman Kefauver. Or the sworn statement that Mr. Congden
read a few minutes ago ?
Judge Woodward. Yes. That woman was subsidized by a philan-
thropic organization in Augusta, and in the course of 15 or 16 months
she had been paid $3,780 to rear her children and to stay wuth them.
She was placed in the Olmstead Arms, which was a Government proj-
ect. She began to have relations with a policeman. I sent for her, and
then Miss Biggers sent for her. We said to her, "You have got to stop
this. This cannot go on. You must stop."
She then began her promiscuous activities and she took up with a
man in Aiken, S. C, who said he was a great big merchant or lumber
man, or something like that. She got pregnant with him and went
over in Aiken and had an abortion attempted. They had to rush her
to the hospital as quickly as they could to keep her from bleeding to
death, and this record could have been easily subpenaed.
Now she comes in here with this, and it is utterly unfair. She has
this affidavit and says that she is an innocent person. She says that
74718 — 56 11
156 JXrV'ENILE DELINQUENCY
they sent down there and took her children away from her. She had
ample opportunity, and I usually give them lots of opportunity. I tell
them to take care of their children and not to give me any more offenses.
I say to them, "Be a good woman."
The reason I remember this so vividly is because it is a record that is
very thick in my office. Mr. Mitler could have gotten it if he subpenaed
it, or he could have come to my office and asked me for it, and I would
gladly have given it to him.
Chairman Kefauver. The pertinent part of her statement there is
that she was subpenaed or called in late Friday afternoon to appear at
a Saturday morning hearing and she thought that you were going to
give her a lecture about her children and find out what it was all about,
and she says that her children were left out in the automobile and that
apparently instead of getting a lecture she was divested of possession
and someone went down to get her cliildren. Did that happen or not ?
Judge Woodward. I cannot say. I did not serve the subpena and
do hot know what transpired. I would say this : In the general trend
of things, it would not be. She would get at least a 3-day notice. If
you do not have a 3-day notice, you can demand a 3-day notice.
The reason that this is so vivid and so strong in my mind is that when
the papers made this criticism of us and began in January of lO.'iO.
about the same criticism that is made here. Miss Esther Young, who
lias been mentioned, went over and got an affidavit, and it was very
melodramatic. It was something like, "Oli, where, oh, where are my
children tonight ?" She wrote the story giving the woman as a picture
of innocence. She was working then, I think, at Woolworth, or one of
those places. As a matter of fact, the answer to that was that the chil-
dren now are in the homes of decent people and honest people and
people of Christianity. That is where her children are tonight.
I definitely have a duty to children. I will not let a person who
wants to live a life of immorality inflict u)>on her children, regrettable
as it may be, her ways. If she has decided to live that life, I will not
allow the children to also do so in her path. Children are great imi-
tators, and they pick up these things.
I will place them. The proof of this is that we look for collateral
kin. That is what we did in this instance. She admits that she did bad
and she admits that we placed the children that way. We placed 2
with one of her relatives and 1 with somebody else. We constantly
look to do that. We do not ])lace any childien that we can find when
there is an acceptable blood kin somewliere. This case here
Chairman Kefauver. We will call that
Judge Woodward. This is exhibit A. Ypu have a 4 on here.
Chairman Kefauver. We will call that case the case of Z. That is
the cnse involving the gii'l who said she had a divorce, but it turned out
that she did not have one.
Judge Woodward. The proof of it, and I do not Imow why Mr.
Mitler did not pursue the proof further, is this : Her husband signed,
too. Her husband signed the consent. He was not 16 years old.
I want to give 3^ou the reason why so much stress was put on this
case. She took out a warrant for Miss Hamilton saying that Miss
Hamilton had kidnaped her child and forged her signature to the
consent. She charged her with kidnaping.
That came befoi-e the courts. Miss Hamilton was exonerated, and
the charges were dismissed.
JUVENILE DELINQUEN'CY 157
In the course of the proceedings, and there is a tape recordin'^ of it
m Augusta, they asked her husband why his wife did this. He said,
1 hose people kept after me and made me do it."
The very people that initiated this whole investigation in Auousta
at that time were to blame. It was broadcasted about twice on the
radio and I never saw so much hysteria in my life to get it off the radio,
and they did. Ihey suppressed it, but it had already been out It
would have been invaluable to that group with that existing to prove
this Her husband is now in Chicago, and he was there Vhen Mr
Mitler wa| there. He repeatedly did everything on earth he could to
make the fellow say that he was not present when his wife signed this
He was submitted to expert lie detectors up there, and I am informed
that the lie-detectmg machine— I think they have about one of the best
experts on that m the country up in Chicago— this expert said he
^Tr ^^^^^^ ^^^^ ^^^^' °^^ ^^^^ ^'^^^ ^^^at this man was telling the truth
Mr.CoNGDEN. Donotcallhisname. ^ tiiutn.
Mr MiTLEK. That is news to me. Judge Woodward. 1 was present,
and that statement is news to me. '
Judge WooDWAKD. That is what Mr. Coursey said-pardon me
_ J^ut there was more tune spent on that case trying to clear it up froni
that angle, bhe was subsequently prosecuted for periury and con-
victed and given a 3-year sentence on probation
Mr. Mitler went up to see Judge Anderson about the courfs of
Georgia and how they operate, and he was making some protests about
her conviction. .
Chairman Kefauveh. She was not convicted of periurv in con-
nection with that affidavit, was she ? P«i Juiy m con
Judge Woodward. Yes, sir.
Chairman Kefauver. What part of it was perjury «
^^ Judge Woodward. She denied it and said her signature was forged
Chairman Kefauver. And it turned out that it was her sicrnature?
Judge Woodward It was her signature, yes. Of course, Judge
Anderson told Mr. Mitler, and he talked with me, that he has no right
to come m and su]>ervise the court or tell them where they are wrong
He told him that if thev are wrong, to file an extraordinary motion
for a new trial and to clear it up in the courts of Georgia. * He said
that that is where he belongs if he wants to do anything about this
and not with a Senate committee. That was very naturallv and verv
correctly stated. "^
Chairman Kefauver. Let me ^let this straight. She said there in
her attidavit that she was divorced when, as a matter of fact, she was
not? '
Judge Woodward. She probably lied about that, if that is so.
Chairman Kei^au\t:r. In order to avoid, apparently, that statement,
she said she had not signed it? That is what she was convicted of,
the perjury?
^ Judge Woodward. But her husband went up there with her and
signed one, too.
Mr. MiTEET?. Do you Icnow that she took a lie detector test that was
administered bv the outstanding man of the United States and she
came out clean also ?
Judge Woodward. She did?
158 JUVENILE DELINQUENCY
Mr. MiTLER. I am not commenting on the conviction. You talked
about the lie detector test.
Judge Woodward. I am commenting on it because you brought
it up. She was convicted by 12 true and able men of the State of
Georgia, and she was very ably represented.
Chairman Kefauver. Do you want to get on with this ?
Judge Woodward. I think my attorneys want to ask me some ques-
tions. I want to get everything in here.
Chairman Kefauver. Proceed.
Mr. CoNGDEN. Might I ask the judge just a few questions, Senator?
Chairman Ejifauver. Proceed, yes.
Mr. CoNGDEN. Judge Woodward, do you know a man by the name
of James Tarantino ?
Judge Woodward. I never heard of that name before yesterday.
Mr. CoNGDEN. Have you ever had an investigating agent of your
court or any other connection with a theatrical agent in the State of
California who was convicted of embezzlement as far as you know
or believe?
Judge Woodward. I have not had any connection with any such
agency myself.
Mr. CoNGDEN. Do you know any such person, not knowing the
name of the person referred to ? Do you know any person who fits
thnt description?
Judge Woodward. I cannot recall any person that fits that descrip-
tion.
Mr. Coxoden-. Will you state to this subcommittee the condition of
the children. Tell us from your observation what the condition of the
children was that you were to place.
Judge Woodward. We have children that come from homes that are
usually bad homes. The children have been dreadfully neglected as
a rule. Also, we have in addition to that other moral neglect as well as
physical neglect. There is one thing that I can specifically say over
everything. They are not as strong physically as a child who comes
from a normal home. Some of them have many defects. The fact is
that one child never had any teeth, none at all, and a couple who visited
the child adopted him and put in two false plates.
Mr. Congden. Will you state whether that couple — do not call the
name — was a resident of the State of Georgia or a resident of another
State.
Judge Woodward. A resident of another State.
Mr. Coxgden. Will you state to the Senator and the subcommittee
the type of children for which there is a demand in Richmond County,
Ga.?
Judge Woodward. There is a demand for children in Richmond
County for infants and children that are very normal physically.
Mr. Congden. Do you have any difficulty in placing in Richmond
County or in any other county in Georgia children who have serious
physical defects ?
Judge Woodward. I certainly do. As a matter of fact, one of the
most proininent men in the United States — he has known all of us —
and his wife came down. This is 20 years ago. I am sure that many
of you people would know him if I mentioned his name.
Mr. Congden. Do not mention it.
JUVENILE DELINQUENCY
159
Judge Woodward. If I did, you would know him quite well. His
wife went around and looked at some few children that we had for
placement. She chose a little girl about 4 years old that had a cast m
her eye. I said "Mrs. So-and-so, of all the pretty children we have,
why did you take the one with the cast in her eye ?"
She said, "She is a little ugly duckling and I do not think anybody
would have her."
They took that child. They went through all these expensive opera-
tions. She is grown now and she is married. She became a very lovely
and beautiful woman. That is a story that I think is worth mentioning.
As a matter of fact, some 3 or 4 years ago she adopted a child in
Texas, a boy 12 years old, that was bedridden. She has the gi'eatest
maternal instinct of any person that I have ever known in my life and
she loves to help children.
With a child when he reaches a certain age, 2, 3, 4 or 5, he is
susceptible to the great danger of identity. I do not know anything
worse than can happen to a foster parent than to have the mother who
has been unfit or who has surrendered the child to come in and find
out where the child is and interfere with that relationship between
the foster parents and the child. Consequently, we try to place those
children somewhere else.
Chairman Kefauver. While you are on the subject, could you tell
us how many children you placed inside the State of Georgia and
how many children you place outside of the State of Georgia ? During
the time you have been a juvenile court judge, could you give us
some estimate of the number of children that you have placed inside
the State of Georgia ?
Judge Woodward. I do not really know how many children.
Chairman Kefauver. Give us an approximation. You may not
have the exact figures.
Judge Woodward. I imagine in the 25 years that I have been
judge — I have been 33 years with the court— I imagine about 300 chil-
dren in Georgia.
Chairman Kefau\t2R. About how many do you think you placed in
other States? . , , •
Judge Woodward. I think he mentioned the figures. I will take his
figure. I think he said 104. I think Mr. Mitler said that.
Chairman Kefauver. I think he said he had been able to investigate
and talk about one-hundred-and-some-odd. I believe somebody said
something about three to four hundred.
Judge Woodward. Oh, what Mrs. Epps had done ?
Mr. CoNGDEN. Explain that to the Senator.
Chairman Kefauver. Can you give us any estimate? Can you
make an estimate of how many you placed outside
Judge Woodward. Of the State of Georgia ?
Chairman Kefauver. Yes.
Judge Woodward. I cannot say, except that I will take his figures.
Maybe that i s approxi mately correct. I do not know.
Chairman Kefauver. You do not know ?
Judge Woodward. Mrs. Epps, when she said yesterday 500 chil-
dren, there is an explanation to that. Mrs. Epps had a receiving
home. Sometimes there would be a Saturday night when the father
and mother would go out and get drunk and the children would be
1^0 JUVENILE DELINQUENGY
left by themselves Sometimes those infants were put in boarding
homes miti Monday morning. A lecture would be given to the
f uiT^f ^' 1 infants would be turned back. That happened
At the time the Chronicle reporter— when this was up before we
went to Mrs. Epps' home, and there were only 11 children there. Some
ot them were there temporarily, not with any view of Dlacenipnt av
placing the children out. The^ are there just tempJiS^^^^^
remain overnight, some a week. i ^^J- ^ome
U^Zii^f^^,^''^ '''''' "'^^^ ^'^'-^ ^--- -- the-
Judge Woodward. That was the only receiving home. We have
other boarding homes m Augusta. At the present time, there are two
boarding homes in Augusta. There is Mrs. Schookley and Mrs
Cooper. I imagine Mr. Mitler has been there.
Chairman Kefauver. Were they all paid, as Mr. Mitler said or
as Mrs. Epps said by the county of Richmond or by the juvenile court
tor boarding the children ?
Judge Woodward. They are boarded with them by the juvenile
court but a warrant is drawn on the county for the amount of the
board each month, and a check goes directly to the foster mother
Ihey own the home. They run the home, but it is under the super-
vision ot the juvenile court because our children are there
_ Chairman Kefauver. Anyway, the bill is paid by the county of
Kichmond on warrant?
Judge Woodward. On warrant.
Chairman Kefauver. That is all I want to know
Judge Woodward. There is another thing that I want to clear up,
lnf<& f ''/ ! ^'i;^,^?'; ^^' ^?^ ^ P"^^^^^^ «f f««ter P^-^rents who
wanted to adopt a child to pay whatever expenses the county of Rich-
mond had gone to. That money was turned over to Richmond County
and when the grand jury investigated, Mr. Mertins came in and testj-
ned to it — every dollar of it.
.Sif''T''^''^T'''^' w^^''^^ th^' ^^^^ th^^t <^h^ ^h^^k ™^lt^ be
sent to Miss Hamilton ? Was that turned over to the county?
.Judge \VooD ward. Every bit of it.
Mr. Mitler How about the checks paid to you? Was that your
attorneys fees?
Judge Woodward. I see that is 1954. If I had my ledger sheet I
could put my finger on everything and the type of services that I
rendered. If they sent me a subpena to bring my ledger— of course
it is an old ledger— I could have actually told you anything that you
want to ask about.
Chairman Kefauver. Did you say yesterday that all these cases
placed outside of Georgia, did you say that on' all of them you came
into the picture as the private attorney"?
Judge Woodward. Not all of tliem, no. Some other attorneys were
hired.
Chairman Kefau\^er. About what is the ])ercentage of them that
you came into the picture on ?
Judge Woodward. I imagine the most. I do not know the per-
centage, but most of them.
JUVENILE DELINQUENCY 161
Chairman Kefauver. How did they know how much they were sup-
posed to pay you ? Would Miss Hamilton let them know or would you
let them know how nnich your fee was? Did you send them a bill ?
Judge Woodward. I would tell them. They would ask me. They
would^ay to me, "We want you to look after the law here for it."
That was" after the child was placed.
Chairman Kefauver. Do you mean that when they have their hear-
in<r before vou somebody would ap])ear before you for the purpose of
o-etting the' child and tliat is where the arrangement would be made?
"^ Judge Woodward. After the child was actually placed. There is
no money passed in ])lacements. They could secure any lawyer they
wanted, an :1 some of them did. , .
Chairman Kefau\tsr. But you think the largest ma]oi-ity of them
retained y( u ?
Judge 'A\'oodward. I do not know the percentage.
Chairman Kefauver. After 1953 you sent them this longer brief,
but before that you sent them this shorter brief? ^ ^^ ^ ' .
Judge Woodward, ^'es. Some of them employed Mr. Congden, by
the way, and Mr. Jud Hill. , -, - r^ ?
Chairman Kefauver. Of the children that were placed m (jeorgia,
the chart here shows that vou filed apparently about 50 percent of
the petitions in the superior court to consummate their adoption.
Judge Woodward. Yes, sir. i • i .
Chairman Kefauver. Judge, I have been wondering about your
appointment by the two judges of the superior court. Judge Anderson
and the other one. What is the other judge s name (
Judge Woodward. Kennedy. u wi • t4: +i,«^
Chairman Kefauver. I have been wondering about this. It they
appoint you, just how is it that you practice before them in cases
which orignate from the juvenile court? Do you think there is any
inconsistency about that?
Judge Woodward. No. sir. • i j
Chairman Kefau\'er. The fact that they appoint you as ]udge and
then you make some decision on placement as a judge and then you
revert back to your private law practice and then you appear before
the man that appointed you seems to me to be quite inconsistent.
Judge Woodward. The judges of another court.
Mr Congden. That is the law in the State of Georgia.
Judge Woodward. My colleague says that is the laAv of the State
of Georgia. It says here :
We expressly reserve the right to increase the salary of the judge of said
iuvenlle court as above set out if at any time in our judgment we deem it
necessary for him to give his full time as such judge to the duties of said court.
Chairman Kefauver. Do you want to file that whole thing ?
Judge Woodward. We can file it.
Chairman Kefauver. File that as an exhibit. That is apparently
a copy of something appointing you as the juvenile court judge.
Judge Woodward. That is correct. - , jo
Mr. Congden. May I have the judge identify it for the record^
Chairman Kefauver. Yes, sir. ^ ^^ ^ t u a
Mr. Congden. Judge Woodward, look at the document that i hand
you. What is that?
162
JUVENILE DELINQUENCY
^ Judge Woodward. This is my appointment as the judge of the
juvenile court of Richmond County.
Mr. CoNGDEN. Is this an original or a copy ?
Judge Woodward. That is a copy.
Mr CoNGDEN. Have you compared it with the original ?
Judge Woodward. Yes.
Chairman Kefauver. We will take that for the original. Let it
be marked as exhibit 26 for this witness.
(The exhibit referred to follows :)
Exhibit 26
State of Geoegia, Richmond County
In the Supeeior Court of Said County
IN RE APPOINTMENT OF THE JUVENILE COURT OF RICHMOND COUNTY, GA.
Whereas the term of office of H. A. Woodward as judge of the juvenile court
of Richmond County, Ga., expired on February 19, 1951 • and
Whereas during his tenure of office as such judge, he has shown special fitness
for work with delinquent and neglected children, and is especially skilled in
preventing an increase in delinquency among boys and girls of this county
Therefore, by virtue of the authority vested in us by the statutes and laws
of Georgia, we, as judges of the superior court of Richmond County. Ga do
hereby appoint the said H. A. Woodward as judge of the juvenile court of
Richmond County, Ga., for a term of 6 years from February 20, 1951 and fix
his salary as said judge at $4,800 per annum, which shall be paid monthly out
of the treasury of Richmond County, Ga., upon the warrant of the commissioners
of roads and revenues of said county, or by the officer or officers charged by
law with paying out the moneys of said county, and to be charged as part of
the court expense of said juvenile court. We expressly reserve the right to
increase the salary of the judge of said juvenile court as above set out if at
any time in our judgment we deem it necessary for him to give his full time
as such judge to the duties of said court.
This order is to be retroactive and effective as of February 20, 1951.
Let this order be entered on the minutes of the superior court of Richmond
County, Ga., and a copy of the same be filed with the treasurer of Richmond
County, Ga., and a copy be filed with the commissioners of roads and revenues
of said county.
This 27th day of April 1951.
G. L. Anderson,
Judge, Superior Court, Richmond County, Oa.
F. Frederick Kennedy,
Judge, Superior Court, Richmond County, Ga.
Judge Woodward. I would like to read part of this. I am reading
the second paragraph of the appointment.
Whereas, during his tenure of office as such Judge, he has shown special fitness
for work with delinquent and neglected children, and is especially skilled in pre-
venting an increase in deliquency among boys and girls of this county
Mr. Congden. May I ask two or three more questions, Senator ?
Chairman Kefauver. Proceed.
Mr. Congden. Judge Woodward, so far as you know and believe
over this thirty-odd period that you have been judge of the juvenile
court of Richmond County, lias any other placement gone bad except
the one to which ]\ir. JNIitler referred yesterday of the boy in
California ?
Judge Woodward. I am just speaking from recollection. I do not
recall any. It may be that I have never heard of it, but I do not
know and I cannot answer it.
Chairman Kefauver. You have not been out to check them, have
you?
JtJVENILE DELINQUENCY 163
Judge Woodward. No. I did not know that a question like this
was coming up. If I had, I could have checked them.
Chairman Kefauver. After they got placed out in California or
somewhere, you do not know what happens to them ; do you ?
Judge Woodward. I think I would have been advised possibly.
Chairman Kefauver. Some of them got returned ; did they not ?
Judge Woodward. You asked me, and I cannot answer that. I do
not recall, unles you could tell me who it was.
Chairman Kefau\^r. Miss Hamilton would be the one
Judge Woodward. Who would know that, yes.
Chairman KEFAU^^ER. Did she tell you about any getting returned ?
Judge Woodward. I do not recall.
Chairman Kefauver. Mr. Mitler said he found some that got
returned.
Mr. Mitler. About seven or eight cases where the children were
returned from California. I can give you the names by our cards.
There are seven or eight cases that I as an individual came across
where the children were returned. One you may remember went to
an institution in West Virginia. That was a brother and sister. You
might remember that, Judge Woodward.
Judge Woodward. I do not recall. We have a number of children in
an institution in West Virginia. We have about 40 there.
Mr. Mitler. I thought that due to your interest you might have
remembered them.
Judge Woodward. I do not think I do.
Mr. CoNGDEN. Judge Woodward, I hand you now another document.
Will you state for the record what that is ?
Judge Woodward. This is a grand jury report made in 1951 that
was filed in the office of the clerk of the superior court on the 19th
day of June 1951. It is a certified copy of the grand jury report on
the investigation of criticisms similar to this made against the juvenile
court, and two of your witnesses that were here yesterday testified
there, and they said they told everything, but they did not say all
this there.
Chairman Kefauver. This will be filed as exhibit 27. WHiat is the
date of that ?
Mr. CoNGDEN. June 19.
( The exhibit referred to follows : )
Exhibit 27
Augusta, Ga., June 19, 1951.
Hon. Grovee C. Anderson,
Judge, Superior Court, Richmond County, Augusta, Oa.
Dear Judge Anderson : We, the grand jury, assembled for the spring term,
1951, submit the attached reports and recommendations of the various committees.
The committees have made a very careful study of the questions involved. We
feel that each and every juror had discharged his duties to the best of his
ability.
We think it would be well for these recommendations to be published in the
oflacial newspaper.
Respectfully submitted.
J. Marvin Wolfe, Foreman; Davenport Sanford, Secretary; C. B.
Whitney, Sam Simowitz, M. Tannenbaum, H. L. Schmidt, H. Gould
Barrett, Alvin McAuliffe, R. K. Mack, F. E. Self, W. R. Ringson,
L. C. Gercke, P. M. Thompson, J. H. Stockton, C. C. Green, J. B.
Murray, G. B. Lamar, L. M. Cater, G. R. Boswell, Clarence
Wigfall, members.
164 JUVENILE DELINQUENCY
INDICTMENTS
Number of true bills handled 76
Number of no bills handled 40
EICHMOND COUNTY JAIL
Mr. J. M. Wolfe,
Chairman, Richmond County Grand Jury,
Court House, Augusta, Ga.
Deab Sik: In accordance with your instructions, this committee visited the
Richmond County jail and found it in good condition and well administered.
However, while this building is practically fireproof, yet, realizing the danger
from smoking in bed, it is our recommendation that hand extinguishers be in-
stalled on each floor where the inmates sleep. Also it is our opinion that the
interior of the jail should be painted.
Yours very truly,
A. M. McAuLiFFE, Chairman.
Chas C. Green,
C. B. Whitney,
John B. Murray, Members.
Recomm,endations
We recommend that loud speakers be installed in both court rooms for tho
benefit of the jury and the public.
We also recommend the purchase of voting machines.
We also recommend the purchase of jury chairs.
JUVENILE COURT
We wish to thank the juvenile court committee, Messrs. Boswell, Sef, Simowitz,
and Barrett, for their untiring work and drawing resolution and bringing same
back to the grand jury.
Resolution
We have thoroughly investigated complaints in regard to the conduct of the
juvenile court of this county, and its personnel.
We find nothing to justify the criticisms that have been made against the
juvenile court and its oflScers, and we approve of the past and present policy of
the juvenile court in dealing with parents and children who come into this court
for help and rehabilitation.
We do find that the court is understaffed and its personnel has done a mag-
nificient job with facilities at hand.
We recommend that an eflicient set of books and records be set up in the
juvenile court and proper entries be made on all cash receipts and expenditures
subject to regular audit. Also necessary clerk hire proviaed to maintain such
records.
We also recommend that more ample facilities for boarding children be pro-
vided to prevent overcrowding which has on occasions occurred in the past.
(All members of the grand jury signed above resolution.)
The above report of the grand jury is hereby ordered published as recom-
mended them, this June 19, 1951.
J. C. Anderson,
T.., . . ^ J- ^- C- ^- C-
Filed in office this 19th day of June 1951.
Dan J. O'Connor, Clerk.
Clerk's Office, Superior Court,
State of Georgia,
Richmond County:
I, May Murphy Davis, deputy clerk, Superior Court, Richmond County Ga
hereby certify that the foregoing is a true copy of the original of file and of
record in this office.
Witness my signature, and the seal of said court, hereto affixed at Aueusta
Ga., this 8th day of November 1955. ubut,ta,
[seal]
May Murphy Davis,
Deputy Clerk, Superior Court, Richmond County, Ga.
JUVENILE DELINQUENCY 165
Mr, CoNGDEN. There is one paragraph that I would like to read
from. This is the presentment of the grand jury.
We wish to thank the juvenile court committee, Messrs. Boswell, Self,
Simowitz, and Barrett, for their untiring work in drawing resolution and bring-
ing same back to the grand jury.
Ri:SOLUTION
We have thoroughly investigated complaints in regard to the conduct of
the juvenile court of this county, and its personnel. We find nothing to justify
the criticisms that have been made against the juvenile court and its officers,
and we approve of the past and present policy of the juvenile court in dealing
with parents and children who come into this court for help and rehabilitation.
Chairman Kefauver. How come this investigation was made?
Was there some criticism of your court ?
Judge Woodward, I am so glad that you asked that. Yes, sir. It
originated tliis way
Chairman Kefauver. Let us not go into too much detail. We
have a long hearing here. Was there a criticism ?
Judge Woodward. There was a criticism. I went to the grand
jury. I said, "I want you to investigate the court from A to Z."
They started in January of 1951 with a January grand jury. It
could not get through in time so they passed it on to the subsequent
grand jury. That is the one that made this report.
I am trying to remember what they had. They had everybody
that made a complaint or wanted to make a complaint or had any-
thing down there. They were requested to examine every adoption
in that county that had been made up to the date in 1951.
Chairman Kefauver. Did they have before them the facts or the
fact that as private attorney you had represented most of these place-
ments 'i
Judge Woodward. Yes, and they asked me about my fees and
talked to me about my fees. They had full knowledge of that, as
everybody in Augusta has. They all know that I am an attorney
and I practice law and handle adoptions.
Chairman Kefauver. Did they make an out-of- State investiga-
tion ?
Judge WooDWAiu). They made it in this way : They made every
child that had been placed out from me show a history. Miss Hamil-
ton was down before them. They inquired about everything, and
she told them about the adoptions that she had placed out, every
single one of them. She explained to them how it was sent and to
whom.
You see, there are a lot of things in Georgia — we had a brief that
we submitted at that time that was prepared by these two gentlemen
here. That was for the solicitor general, and he corresponds to the
district attorney, or whatever j^ou want to call him. He comes to
the juvenile court and advises in his representative capacity as to
law. This concerned itself with the jurisdiction for the adoption
of a child.
The judge of the superior court then was named Judge Franklin
just prior to this time. Some people out of the State who were non-
residents of the State had adopted children in the State of Greorgia.
He held that that direction as to residence was merely directory and
had nothing to do with the jurisdiction, but the domicile of the child
controls.
166 JUVENILE DELINQUENCY
That question came up before the ofrand jury, and the brief pre-
pared by these gentlemen was submitted by the Solicitor General, and
he approved the law and the grand jury approved it. Every case that
Mr. Mitler found on the minutes was looked into by them.
Chairman Kefauver. Were these out-of-State investigations con-
ducted by Miss Hamilton, as she stated to the grand jury?
Judge Woodward. Miss Hamilton was generally the" placement
officer.
Chairman Kefauver. She told the grand jury about how the out-of-
State placements were getting along; is that correct?
Judge Woodward. No. She was asked questions. They asked how
she would make investigations of these various and respective cases,
and she testified to it, I presume. She was in the grand jury room,
I know that. I know that they kept her in there for quite a while,
and they repeatedly asked those questions.
Chairman Kefauver, Is there anything else, gentlemen ?
Judge Woodward. No, sir.
Mr. CoNGDEN. That is all that we have.
Chairman Kefauver. Do you have any other cases or anything else
that you want to talk about. Judge ?
Judge Woodward. Mr. Harris wants to take the stand for a minute.
Would you permit him to do that ?
Chairman Kefauver. Mr. INIitler may have some questions to ask
you.
Mr. Mitler. Judge Woodward, in connection with the grand-jury
investigation, did anyone interview the adoptive parents in New
York and California who was not a member of the juvenile court to
determine exactly the details of what had happened?
Judge Woodward. No. The grand jury did not interview them.
Mr. Mitler. You did not have the benefit of that knowledge? I
mean the grand jury did not have the benefit of that knowledge at that
time ?
Judge Woodward. What did you say ?
Mr. Mitler. The grand jury did not have the benefit of the inter-
views with the adoptive couples ?
Judge Woodward. Miss Hamilton told them that she made place-
ments.
Mr. Mm.ER. That is not my question. I am talking about the inter-
views with the adoptive couples to find out just what happened.
Judge Woodward. She could not, of course, send for the adoptive
couples to come down to Richmond County to have interviews with
them.
Mr. Mitler. They did not know at the time that a man character-
ized by the Los Angeles Police Department as a confidence man and
a shakedown artist was making the referrals and checks on behalf of
the juvenile court? They did not have the benefit of that knowledge,
did they?
Judge Woodward. No, and I had never had the benefit. You men-
tioned it yesterday. I still do not know it is true.
Mr. Mitler. I can state that I interviewed a large number of couples
in California who told me that they received their child through the
Augusta Juvenile Court, the Richmond County Juvenile Court, and
that it was through this individual.
Judge Woodward. Did you bring the affidavits from them ?
Mr. Mitler. Yes.
JUVENILE DELINQUENCY
167
Mr. BoBO. Judge, I would like to ask you one question. Who did
make your investigations and referrals in California?
Judge Woodward. Miss Hamilton was the placement officer gen-
erally.
Mr. BoBo. But in the paper that was sent to you referring to the
placement, do you recall any names of anyone that ever did an in-
vestigation in California ^
Judge Woodward. For us ?
Mr. BoBO. Yes.
Judge Woodward. No, sir. That was done directly, I think. I
think that was done directly by Miss Hamilton with the prospective
parents and their references or reconnnendations.
Mr. BoBO. Were these references or recommendations presented to
you as judge by Miss Hamilton ?
Judge Woodward. Yes. She completed the final investigation, and
she would present them to me. I would go over them and see who
would make the recommendation, if they were acceptable for foster
parents from a moral standpoint and financial standpoint and I would
look over their ability to care for the child. That is the way it went.
Mr. MiTLER. Judge Woodward, I am going to show you a check.
Please do not mention the name of the adoptive parents. I ask you
whether this is typical of the manner in which you were paid.
(The check referred to was marked "Exhibit 28'' and appears be-
low
ExmiJiT 2>S
H-.S
;)ot.'„i4HS 'i
!:*^«^v Si=a8S«BE.S *!|S» 'c' :Si5!»-*
cs*.
This check signed by the adoptive father was made out on October 20, 1954 —
the same day that the child was placed with adoptive parents by Judge Harry A.
Woodward.
168 JUVENILE DELINQUENCY
Judge Woodward. This gentleman and I are well acquainted. I
know him quite well. I know his wife quite well.
Mr. MiTLEK. Excuse me. Is that the typical manner in which you
were paid ?
Chairman Kefauver. For how much is the check ?
Judge Woodward. $300. I gave him $50. The banks had all closed
up, and he paid me that amount to take care of all the legal proceed-
ings, lie told me his attorneys would get
Chairman Kefauver. Do you mean the day that he gave you this
check you gave him $50 back ? Is that it ?
Judge Woodward. Yes. I think I loaned him $50.
Chairman Kefau\t:r. Where was that ?
Judge Woodward. In Augusta, Ga.
Chairman Kefau\^r. Was it the day he got his child ?
Judge Woodward. Yes, sir.
Chairman Kefauver. But that check is on a New York bank.
Judge Woodwapj). I know, but he had his own checks with him,
I presume.
Chairman Kefauver. It came down from New York?
Judge Woodward. He and his wife w^ere there.
Chairman Kefauver. He needed $50, so he gave you a check for
$300?
Judge Woodward. Yes.
Chairman Kefaum^.r. And you gave him $50 in cash })a('k?
Judge Woodward. Yes.
Chairman Kefauver. And your fee v,as $250 (
Judge Woodward. Yes. Mr. Mitler can confirm that.
Chairman Kefauver. How did you agree on the $250 with him ?
Judge Woodward. That is my range. It is $200 or $250 that is my
fee. That is for legal services or professional services to help carry
through an adoption from the standpoint of being their lawyer
locally.
Chairman Kefauver. Being their lawyer locally, but when they
actvially put the adoption papers in, they put them in in the State where
they go. New York, California, or some other State; is that correct?
Judge Woodward. Yes.
Chairman Kefauver. What is local ? What do they need a lawyer
in Augusta for ?
Judge Woodward. For anything they might run into. That would
be for anything that might arise where they need professional serv-
ices down there, and things do arise.
Chairman Kefauver. You say that they need a brief of Georgia
law?
Judge Woodward. Yes, a brief of Georgia law, and that brief was
sent to Mr. Rawlings, their lawyer.
Chairman Kefauver. It looks like after you get up one brief and
have it mimeographed, that would be enough. It seems to me that
if you charge $250 for that brief, the price would keep going down.
Judge Woodward. Senator, you practiced law before you became
Senator, I imagine. You may have many forms that you use on
JUVENILE DELINQUENCY 169
abstracts. Suppose you abstracted the title to where you have all
the details in your office, and you charge a man $150 or $200 for the
abstract. Then, there is a subsequent sale, and they come to you again.
You do not lower the price. You get your $1 50 or $200, yet all that
you had to do is copy it. All you have to do is check to see that it
is right, and your abstract is there.
Chairman Kefauver. The Georgia law has been constant for a long,
long time. Your briefs are all the same.
Judge Woodward. That is correct, but with a strange man and a
strange lawyer and a strange client, that is a different matter.
Mr. MiTLER. Was this man a stranger to you ? This particular man
with whom you placed the child, was he a stranger ?
Judge Woodward. This man here ?
Mr. MiTLER. Yes.
Judge Woodward. His wife was not.
Mr. MiTLER. Do you mean that you made the decision to place the
child in his home for life after having terminated the mother's parental
rights, and you took the child away from her and put it in his home,
and yet you did not know anything about him ?
Judge Woodward. You know as well as I do that Mr.
Mr. MiTLER. I know that you respect these people and therefore you
will not mention their names.
Judge W<u)dward. A'ou know that he liad gotten a child previously
and I had advised him at that time or his wife at that time that a
family is not balanced with one child, no matter how good the foster
parents may be. You do a lot of harm when you have such a family,
and the child does not learn to share anything that he has with any-
body. My idea of a family is two children.
Chairman Kefauver. Wlien did he get the first child, Judge ?
Judge Woodward. I have forgotten, but it was some 2 or 3 years
before.
Cairman Kefauver. Did you charge him $250 for lesal services on
the first child?
Judge Woodward. I think it was S200.
Chairman Kefauver. He had the brief when he got the first child,
and now he is getting the same brief all over again ?
Judge Woodward. He might not have had the same lawyer.
Chairman Kefauver. It looks like one brief ought to have done for
two children. Do you not think so, Judge ?
Judge Woodward. It looks like that, but I sell briefs and I sell my
professional services.
Cliairman Kefauver. Go ahead.
Mr. M1T1.ER. I would like to present to you two other checks.
Chairman Kefauver. Incidentally, Judge, in connection with this
sale of briefs, when you put twins out, is it $250 or does the price
go up?
Judge Woodward. I think it is about the same. I do not know any-
thing about that.
Chairman Kefauver. What is that at which you just looked^ Is
that a check payable
(The check referred to was marked "Exhibit 29" and appears
below:)
170
JUVENILE DELINQUENCY
Exhibit 29
f •" * W-W'flf'*' M^W*'
,^|^A ?%?
'f ^
i^
Judo;e AVooDWARD. It is a check payable to a doctor in Augusta.
Mr. MiTLER. It is for $650, is that right ?
Judge Woodward. Yes.
Mr. MiTLER. Is there another check to j^ou, Judge Woodward ?
Judge Woodward. The check here for me is $250 in that case. I do
not know the name. I cannot — yes, this is the one.
Mr. Congden. You do not recall the name ?
Judge Woodward. This is the one I have gone through with for
1 year working with the surrogate. This check represents the $250,
and I know I done a thousand dollars worth of work on that. I do
not know anything about the other check.
Chairman Kefauver. That is a medical charge for a doctor, or
something, in Augusta ?
Judge Woodward. That did not come through my hands at all.
Mr. MiTLER. It is $650 ; is that correct ?
eTudge Woodward. Yes.
Mr. MiTLER. I would like to introduce it into the record as the next
exhibit.
(The check referred to was marked "Exhibit 30'' and appears be-
low:)
JUVENILE DELINQUENCY
Exhibit 80
171
Chairman Kefauver. Do you mean the check of $250 to the Judge ?
Mr. MiTLER. Yes.
Chairman Kefauver. Is there anything else ?
Mr. Mitler. I have just two more questions.
Do you recall the testimony yesterday of Myrtis Hydrick ?
Judge Woodward, Yes.
Mr. Mitler. Do you recall the incident where she came to your court
with Miss Hamilton and in your presence pretended to be an unmarried
mother for the benefit of an out-of-State welfare worker?
Judge Woodward. I told her this morning when we were talking
about it that nothing like that ever occurred in front of me, and she
knows it.
Mrs. Hydrick. It certainly did.
Chairman Kefauver. Young lady, please be seated.
Mrs. Hydrick. It certainly did.
Chairman Kefau\^r. The young lady sitting back there says that
it certainly did.
Judge Woodward. I say it did not. If Miss Hamilton were here, she
could corroborate that.
Chairman Kefauver. Come around here and see if the judge really
knows you.
74718 — 56-
-12
172 JUVENILE DELINQUENCY
Judge Woodward. I know her well. This is Mrs. Hydrick. I know
her quite well.
Chairman Ivefauver. Sit down there. Do you know this girl for a
long time, Judge ?
Judge Woodward, I have known her ever since she was a little girl.
She is Mrs. Epps' daughter.
Mrs. Hydrick. But I am no juvenile delinquent ?
Jud^e Woodward. No, not a juvenile delinquent.
Chairman Kefauver. She says she came in and was paid $5 to testi-
fy that she was the mother of the child, and she says you loiew her and
that you just let on like you did not know who she was.
Judge Woodward. That is not true.
Mrs. Hydrick. I always respect age. I respect the judge's age. I
respect all old people. I can even tell you how he was dressed. He had
on his palm beach suit that morning, and he was standing there with
his liands in his pockets jingling his money. I already told him once.
Chairman Kefau\t:r. He had on a palm beach suit and he was jin-
gling his money ?
Mrs. Hydrick. I do not know if it was a palm beach suit. I know
it was white. He had his hands in his pockets, and he spoke to me very
courteously. Miss Hamilton carried me in the office.
Chairman Kefauver. Who else was there ?
Mrs. Hydrick. There was a secretary sitting out there. I do not
know whose secretary it was because he is in the office with somebody.
I do not know who. We certainly passed through there, and I spoke to
these people. Miss Hamilton introduced me as this lady. She could
not have said, "Judge, this is Myrtis." She would have given me away
to the other lady.
Chairman Kefauver. That is your recollection of it ?
Mrs. Hydrick. It is not my recollection. It is in my head and I
know it to be a fact. If the judge did not know what was going on
and she introduced me with a certain name, he certainly would have
said, "Elizabeth, that is not her name." if he was not putting on. Do
you not think so ?
Chairman Kefauver. We are not arguing. Just tell us what you
know. Did she introduce you by another name ?
Mrs. Hydrick. That was not my name ; yes.
Chairman Kefauver. Who paid you ?
Mrs. Hydrick. Miss Hamilton. I am not saying the judge knew
what was happening, but he knew that I came in and she introduced
me with that diflPerent name.
Chairman Kefauver. Did the judge ask you any questions?
Mrs. Hydrick. No, sir.
Chairman Kefauver. Who did ask you a question ?
Mrs. Hydrick. The lady that I was supposed to have — I was sup-
posed to have posed for her. Miss Hamilton told me that it was a
ladv from the welfare department.
Chairman Kefauver. What did she ask you?
Mrs. Hydrick. Well, I told you yesterday that I was not sure ex-
actly what she asked me. I rattled off what Miss Hamilton told me
in the automobile to say. She said she would tell me what to say.
Chairman Kefauver. You rattled that off in the presence of Judge
Woodward ?
JUVENILE DELINQUENCY 173
Mrs. Hydiuck. No. He did not go in the other room with us. I was
introduced to him by a different name. If he did not know that some-
thing was going on, he would have known from the name.
Chairman Kefauver. Thank you.
Mr. Harris. Can I ask the young lady one question ?
Mrs. Hydrick. I do not have anything to say to him.
Chairman I^fauver. Do it quickly.
Mr. Harris. You swear now that you swore a lie then for $5?
Mrs. Hydrick. I am not under oath. I was not under oath then.
I told that lady a lie. I certainly did.
Mr. Harris! For $5?
Mrs. Hydrick. Yes.
Mr. Harris. That is the only question.
Mrs. Hydrick. I have admitted my lie, and you should admit yours.
Chairman Kefauver. That is a pretty sharp girl there.
Mr. HarPvLs. If Your Plonor please, I think that ought to go in the
record. The young lady admits that she committed perjury for $5,
and she got the applause of the audience.
Mrs. Hydrick. I was not under oath to that lady there. I did not
perjure no court or anything.
Chairman Kefauver. She said she was not sworn that day when
she went in there.
Mrs. Hydrick. But I lied and I admit it.
Judge WooD'WARD. Mr. Harris would like to say something. Senator.
Chairman KEFAinER. Just a minute. We will get around to that in
a while.
Mrs. Hydrick. Senator Kef auver^ — —
Chairman Kefauver. Please be quiet, ma'am.
I have not been able to get just exactly the picture. Judge Wood-
ward, about the superior court. As I understand it, jou have two
superior court judges in Richmond County and under the law they
appoint the juvenile court judge ?
Judge Woodward, Yes, sir.
Chairman Kefauver. And the juvenile court makes placements?
Judffe Woodward. That is right.
Chairman Kefauver. But it has no power over adoption ?
Judge Woodward. None at all.
Chairman Kefauver. After the placement is made, in due time peti-
tions are filed by somebody on behalf of the prospective adoptive par-
ents in the superior court for the adoption ?
Judo;e Woodward. Yes, sir.
Chairman Kefauver. And at that time the superior court neces-
sarily considers any evidence submitted about how the children have
gotten along and whether there have been any protests ?
Judge Woodward. They order investigations. That is not by us but
by the state department of public welfare.
Chairman Kefauaer. Anyway, there would be evidence submitted
as to how the child had gotten along, and if the child had gotten along,
the adoption is all I'ight ?
Judge Woodward. If the placement was good, they would recom-
mend that the State department of public welfare
Chairman Kefauver. '\'\niat bothers me is this: You say it is legal
imder Georgia law but the triangle that they have is they appoint you
the juvenile judge and you make the placement
174 JUVENILE DELINQUENCY
Judge Woodward. That is right.
Chairman Kefauv'er. And then you get to know the parents and
then for some reason or another, apparently in more than 60 percent
of the cases where you make the placement, you come and get up their
petitions as the private attorney for adoption in the superior court.
Judge Woodward. That is correct.
Chairman Kkfaus^r. And you are trying cases before the very
judge who appointed you.
Judge Woodward. That is right, yes.
Chairman Kefauver. Questions could arise and might arise as to
whether you had used good discretion in the placing of the child
there in the first place.
Judge Woodward. They would immediately, if it was not a proper
placement, call my attention to it, and I would say that I want a hear-
ing on this matter.
Chairman Kefauver. You have been employed, though, as attorney
for the adoptive parents ?
Judge Woodward. Yes, sir.
Chairman Kefauver. Do you think you would be in a disinterested
position to say to the court, after having been employed, that you do
not think these parents are proper people for the child?
Judge Woodward. I do not make placements of that kind. My
placements are good.
Chairman Kefauver. Some of them liave gone had. We have heard
about some few of them, anyway.
Judge Woodward. They were approved.
Chairman Kefau\-er. Assuming that the placement went bad and
nevertheless the parent came in and em]:)loyed you and gave you $250
to file a petition, could you at the same time represent him and admit
that you had made a bad mistalco in ])lacing a child with that parent?
Judge Woodward. I would not make a mistake that way with any
knowledge of it.
Chairman Kefauver. I know, but sometimes you just, cannot foresee
these things.
Judge WtX)DWARD. If that hap])ens, of course, I would not take the
adoption case.
Chairman Kefauver. I am asking you whetlier you think that is a
proper representation.
Judge Woodward. Well, it is so considered by the Augusta bar
generally. It is so considered by the judges generally. As a matter
of fact, most of the judges in Greorgia practice law. The court of
ordinary practices law. He deals with wills and probates. The city
court judge practices law.
Chairman Kefau\'er. It is not a matter of practicing law. It is a
matter of diversity of interest. Your interest is in juvenile court,
and it is your interest to see that your placement stands up. The
father is there at the time the child is placed^ with him and he pays
you to represent him in the superior court. You take his money, and
I do not think you would be in a very good position to argue that
some placement that you had made was not a good one if you had
taken his money to represent him.
Judge Woodward. That is correct, if it was not a good placement
and somethino- had developed. In that case the unforeseeable oc-
JUVENILE DELINQUENCY 175
curred, and the child could be returned by the judge of the superior
court. 1 never try to sustain a client that I think is wrong. If he
lets me down and does not become a good foster parent, he can expect
no further consideration from me.
Chairman Kefauver. Let me ask you this, Judge : In all of your
experience in the cases that you have presented to the superior court
where you have asked for the consummation of the adoption of a
child where the placement was originally made by you, have you
ever failed to secure a favorable action ?
Judge Woodward. I will state it this way : We have the feherling
case that he mentioned. The Department of Public Welfare investi-
gated Sherling and recommended his home, confirming my placement
as a good one to the judge of the court. At the interlocutory hearing
I was sustained. It had to go on for about 6 more months under
whose supervision ? It was not mine. I am out of the picture. It was
under tlie supervision of the State Department of Public Welfare.
They make repeated visits. They ask how the child is doing, how it is
getting along, everything like that. At the end of the 6 months, the
Department of Public Welfare recommends to the judge and the judge
passes another order and tells them to come in now. Nine months has
elapsed. There would be the first 3 months for the investigation
Chairman Kefauver. In the final analysis, Judge, although there
was some proceeding in that case, every case that you present to the
Superior Court has eventually worked out so that your contention has
been sustained ?
Judge Woodward. Yes, sir, generally.
Chairman Kefauver. Judge, if you appoint a person to work under
you, that involves your reputation as to whether that person is suc-
cessful or not, does it not ?
Judge Woodward. What ?
Chairman Kefauver. In other words, if you did not make a good
juvenile court judge, that would reflect upon Judge Anderson and
Judge Fletcher ?
Judge Woodward. That is Judge Kennedy. If that were so, they
would not reappoint me.
Chairman Kefauver. In other words, they are responsible for you
being a good juvenile court judge ?
Judge Woodward. xVnd it is so stated in the order that I have been.
Chairman Kefauver. That brings up another question as to whether
in these adoption procedings, and considering whether placement was
properly made in tlie first place, whether you ought to be there repre-
senting foster parents.
Judge Woodward. I think that is all right and ethical. I think the
other lawyers here will confirm that. I am held as an ethical lawyer
and my practice has always been ethical as a lawyer. You can ask any
member of the Augusta bar.
Chairman Kefauver. Mr. Harris, do you have any statement that
you want to make ?
Mr. Harris. Yes, sir. I would like to be sworn, Senator.
176 JUVENILE DELINQUENCY
(Whereupon, the witness was duly sworn.)
TESTIMONY OF ROY V. HARRIS, ATTORNEY FOR JUDGE HARRY A..
WOODWARD, AUGUSTA, GA.
Mr. Harris. Senator, I would like to state in the beginning that on
August 1 of this year I had been practicing law 36 years. During
that time I have never had any connection with but two adoption cases,
and they did not come through Judge Woodward's court.
These three partners that I have have not been with me all the time,
hut I do not think that they have handled probably more than 2 or
3 over that period.
Chairman Kefauver. Is Mr. Congden a partner of yours ?
Mr. Harris. No, sir.
Mr. Congden. Ordinarily we are opponents, Senator.
Chairman Kefauver. You divided up sides today ?
Mr. Harris. We usually fight. I have never had but one case in
Judge Woodward's court, and that was about 25 years ago when I
represented a lady, and they were trying to take her five children and
they proved, even to my satisfaction, that she was running a combina-
tion corn liquor-bootleg place and a house of prostitution. They took
the five children, and there was nothing I could say about it.
I wanted to say that to show that I have no interest personally
in the court or in this proceeding. I do not like to deal with either
divorces or adoption cases or anything that gets into that personal
relationship because it is usually unpleasant and they are unprofit-
able.
Likewise, in my law firm we do very little criminal practice for the
same reason.
As a result of (his case I have been into this and I have made an
intimate study of the juvenile court for something like approximately
5 years. I do not know the exact date and it did not occur to me to
check it before I left home, but in about 1950 or 1951 Miss Esther
Young, who is a reporter for the Augusta Chronicle, came into personal
conflict with Miss Hamilton, the chief probation officer, over this
question.
Miss Young contended that the county should build a detention home
and these children, instead of being placed out for adoption, should
be kept in a county home by the juvenile court where their parents
and relatives could visit them and see them. It developed into quite
a feud between the two young ladies, and Miss Young did a series of
articles.
She scoured the town, and the only witnesses she could get up were
the witnesses that Mr. Mitler brought here at this trial. It resulted in
the affidavit of the young lady that was read here. She was married
on three different occasions. We will not call her name. The second
time she was married at the age of 16, if I remember correct. This
young lady, as a result of these articles, took out a warrant against
Miss Hamilton for kidnaping, and I represented Miss Hamilton. We,
asked for a preliminary hearing before the judge. At that hearing
she testified that she did not sign this affidavit of consent to adoption
that was produced here today. Her husband, wlio was several years
older than she was, said she did sign — that would be her former
husband. He said that she signed it in his presence, and it seems
JUVENILE DELIXQUENCY 177
to me that he went to Camp Gordon, or some place. I tliink he was
a soldier at the time. I may be mistaken. She signed it.
She was indicted for perjury as a result of that case and was con-
victed. The whole thing originated as a result of this conflict of ideas,
one small group thinking that the county ought to maintain a deten-
tion home and keep these children where Miss Hamilton had a different
idea.
Mr. Mitler stated in his testimony this morning that Miss Young
admitted to him that the difficulty in Augusta came — I believe his
language was "from an inadequacy of facilities."
Chairman Kefauver. He said that she said tliat part of the problem
had grown up as a result of inadequacy of facilities.
Mr. Harris. Yes, sir. At this stage, on our advice Judge Woodward
went to the grand jury and requested that they make a complete
investigation of these cliarges, and I do not recall a single new charge
that has been made here that was not made there and presented to
the grand jury. The grand jury checked with the county to see if
this money Miss Hamilton had collected had gone to repay the county
for the board bills.
Chairman Kefaitver. These checks tliat were made payable to
Miss Hamilton?
Mr. Harris. Yes, sir.
Chairman Kefauver. I asked Mr. Mitler about that, whether he
made an investigation. What was it that you said I
Mr. Mitler. Yes. I went to the county treasurer, Mr. ]Mertins, and
I asked him if he could assist me in making such an examination. On
the first day when I went there, he said he v.-ould. I came back the
next day, and he said that I would have to wait until the new build-
ing, which was starting under construction, was completed. He said
that the records were in a mess upstairs, and then he told me to get
out of his room, that he was not going to assist in any way in this
matter and that he would not talk with me any further. He was shak-
ing with anger at the time. That is what happened, ISfr. Harris.
Mr. Harris. We checked with the county. I did. We asked him
why he did not give the records to Mr. Mitler. He said that Mr. Mit-
ler first ))osed as being under the name of Jacobson.
Mr. Mitler. Do you mean that I posed that way to Mr. Mertins?
I had just left Judge Anderson. Everybody knew who I was.
Mr. Harris. He said Mr. Mitler was insulting and did not do any-
thing but want to fool him. That is the reason he did not do it.
Mr. Mitler. I told Mr. Mertins that I was Mr. Mitler from the
Kef auver committee.
Mr. Harris. It would have helped us if he had given the records
to Mr. Mitler.
Chairman Kefau\T5R. Thei-e is one thing that I do not understand,
Mr. Harris. If this money was going to go to the county, why would
Miss Hamilton be writing these people to make the checks payable
to her instead of to the county ?
Mr. Harris. Except that is the way they carried the account.
Chairman Kefauver. Do you mean they carried the account in the
name of Miss Hamilton ?
Mr. Harris. Yes, sir, because the county would pay the bills. The
grand jury went into that and checked it and traced ever}' one of these
items and accounted for them in all of these cases. Thev had an audit
178 JUVENILE DELESTQUENCY
made and checked. In addition to that, they went into all of these
adoption cases. They went into all of these charges. You are familiar
with the report that they made.
One thing came up which I would like to discuss here. It concerns
the young lady who testified yesterday that she collected checks and
cash for Miss Hamilton. I want to talk about that. There happened
to be two very significant members of that grand jury. One of them
was the general business manager of both the Augusta papers, the
Augusta Chronicle and the Augusta Herald. They are jointly owned.
At that time both businesses were operated under a corporation owned
by a firm know^n as the Newspaper Publishing Co. Even though Miss
Esther Young worked for the Chronicle, Mr. Pat Rice, who was gen-
eral manager of both papers then and now, was on the grand jury
that exonerated Judge Woodward.
In addition to that, there was Mr. Jerry McAuliffe, a very rich —
I do not know how rich — he was reputed to be rather rich. He is now
dead, and Mr. Congden is handling his estate. He will verify what
I am saying. Mr. McAuliffe was Irish. He had no family. He was
very wealthy. He spent a lot of money on charity. He and several
others used Miss Hamilton as a means of doing charitable work.
Miss Hamilton, in addition to collecting these other items for the
board and repaying the county, handled enormous amounts of money
from people who gave it to her in a charitable way. Miss Hamilton
was more than just a chief probation officer. She was an institution
in Augusta on her own. In my opinion, in this class of people she was
more active and did more work than all of the other agencies in
Augusta, Ga., put together, even including the Salvation Army, and
they do a swell job. Even today, since she has retired, these people
do not call the juvenile court or call these probation officers. They
call Miss Hamilton.
She told me the other day that the only way she could get out of
it was to leave town.
When this young lady testified — this does not have to be confidential
because most of the grand jury's deliberations were open on this
thing and they have been made public since. Mr. Jerry McAuliffe
stated that those checks were his checks, that he sent them from New
York when he was there in a sickbed in a hospital, and that it was a part
of his program of sending money to Miss Hamilton to be spent among
this class of people in Augusta.^
Chairman Kefau\ter. But this young lady said she paid Miss Hamil-
ton's light bill and personal items of expense.
Mr. Hakris. She might have. He also stated that he gave this to
Miss Hamilton to be used as she saw fit. My recollection is that Miss
Hamilton says that while it was paid, she repaid it out of her own
money because Miss Hamilton, as I know her for over 25 years, has not
only spent other folks' money but she has spent her own, and she has
spent it not lavishly. Everybody in Augusta that knows anything
about it will tell you the same thing that I am telling you.
Mr. Mitler spent 6 months and the only witnesses he has been able
to get is this group here, and that was the same group that went before
the grand jury.
Mr. Mitler. Not Mrs. Parrish or Mrs. Martin.
^ Subsequent investigation disclosed that Mrs. Myrtis Hydriek, wlio was tlie young lady
referred to in the testimony, appeared before the Richmond County, Ga., grand jury on
June 7, 1951. Mr. Jerry McAuliffe was not a member of that grand jury and was not
present on that date inasmuch as he had passed away on March 19, 1951.
JUVENILE DELINQUENCY 179
Mr. CoNGDEN. Mrs. Parrish only happened last year. It could not
have happened during the grand- jury time.
Mr. Harris. I do not know about Mrs. Parrish.
Chairman Kefauver. That is understandable. The grand-jury
tiling was in 1951, and these other things happened since then — or
some of them.
Mr. Harris. Yesterday Mr. Mitler talked about a case and he pro-
duced a case of Moree. We can call that name because it had nothing
to do with the juvenile court. I never represented him, but I have
known him for 25 or 30 years. He was a personal friend of mine. He
was an old bachelor. He had accumulated quite a bit of money and
property. He bought a place out on United States Highway 78, and
he built him a little store and he had several houses, and then be bought
a lot of property out there and he ran this little store.
He came to me and told me that there was a family on his place and,
the way he expressed it, he said they were the sorriest people he had
ever known in his life. There were about 6 or 7 children in that
family, and among the group was one of the brightest little girls he
had ever known in his life. He wanted in some way to educate that
child and get her out of the influence of the family. He asked me to
help him work out a way to do it.
The only way we could figure was to send her to a boarding school.
He did not want to take her away from her people or from her brothers
and sisters. We sent her at first to the Toccoa Falls School at Toccoa
Falls, Ga. Later he found a place in North Carolina, and he kept her
in this boarding school. She was never placed by any agency. He
made no effort to adopt her until just before he died, and he got Judge
Woodward to file an application to adopt her, and I understand from
Judge Woodward that he died just 4 days before it could be made
final. In his will he did leave all of his property to her.
There was no effort ever made to take that child away from her
family or to separate them except to keep the girl away from them as
much as he could. Tliere was no placement and nothing involved
except that.
Senator, there are three classes of children who come into the
juvenile court.
Chairman Kefauver. Mr. Harris, for how long will you testify?
Mr. Harris. About 5 minutes, maybe 5 or 10.
There are three classes of children who come into the juvenile court
for placement. One is where unwed mothers come in and voluntarily
surrender. There are young women who get pregnant who do not
have relatives or friends, and they come in to make arrangements, and
they will come to the juvenile court as a last resort.
Chairman Kefauver. Mr. Harris, I must say that all these mat-
ters about the rooming homes, that testimony is pretty clear, and about
investigations where these children go. I think a lot can be said about
that whole thing. There is one thing that I am unable to understand.
I cannot see how there is anything there but something which will lead
to trouble and violate almost every principle that I have ever known
anything about. It is the kind of thing that would certainly lead to
black marketing. I do not understand how this judge, on the very
day that he places a child, can accept employment of the parents in
other States and take $250 and do nothing for them except give them a
mimeographed brief.
Mr. Harris. Let me say this : I advise clients and charge them for
advice. Maybe one client comes along today, and I send him a bill for
180 JUVENILE DELINQUENCY
$250 for my advice. Tomorrow another client may come in with the
same situation, and I advise him. I do not let the second one go by
free. Neither does the doctor. When a man comes along with a strep
throat and he charges him $5 or $10 for a prescription and examination,
he will not let the second man go free because he knows the remedy
and gives him the very same prescription.
I think it gets down to one question. It gets down to a question
of policy. The policy may be wrong. The law may be wrong. We
have got this system in Georgia. There is only one county in Georgia
that has a full-time judge of the juvenile court. Every county in
Georgia has a judge, and I imagine some of the counties have courts
that do not meet once a year. These judges are lawyers, and most
of them practice law. We have made no provision for full-time
judges. Maybe we should have full-time judges or a full-time judge
in Richmond County. That is not the law today, and we are not
doing it today. I do not think this is Judge Woodward's fault.
Chairman Kefau\^er. Mr. Harris, the thing that bothers me is
suppose the prospective father is staying over here, and Judge Wood-
ward knows he is going to employ him. I mean, that seems to have
gotten around pretty generally that he accepts employment and gives
them a brief after termination. Here is a mother with her child.
Judge Woodward is looking at this father and he is looking at the
mother Avith the child. He has a financial interest in terminating
the parental rights of this child so that this prospective father over
here can have it and he can make $250.
]\Ir. Harris. That is not the situation for this reason : Wlienever
he terminates the parental authority, the proposed person who wants
to adopt them is not there. The question of adopting them is not
up then. It only comes up later.
Chairman Kefaua^er. But he testified that the man paid him right
there that day.
Mr. Harris. Yes, sir, but you nuist understand this: They did
not terminate parental authority that day. Parental authority had
been terminated earlier. Every effort had been made to place these
children with members of their family and elsewhere before this
man from out-of-State comes along weeks later. If you will notice,
in some of these cases the board bill was for 11 weeks and some for 15
weeks — 11 months before they were ever placed. Mind you this,
Senator, and this is what I was trying to develop when you inter-
rupted : These children that the juvenile court place are not desirable
children always for adoption, and as Mr. Mitler testified, every one
he checked into in California had some sort of a handicap. They
were undernourished, they had rickets, they had some defect.
Mrs. Epps testified to the same thing, that they were the worse
looking things you ever saAV. She used the Avords that they looked
like little refugees. I do not know Avhat she meant. That was her
Avay of describing it.
It is difficult to place these children in a lot of instances. You just
do not place them right now. It takes a long time to find places.
If here Avas a man wanting to grab a child and here Avas a woman
and a child standing over here, and the judge at the same time took
the child aAvay from the mother and gave it to this person for adop-
tion today, the Senator's presumption would be correct. However,
that is not the case.
JUVENILE DELmQUENCY 181
Chairman Kefauver. Mr. Harris- — -
Mr. Harris. That is not a similar— — ?
Chairman Kefau'S'er. Mr. Harris, just a moment. Assuming that
is not the system. I suppose there may be some time lag between
most of them. The judge has a lot of applications pending for adop-
tions because he has placed a whole lot of them. When this mother
is up here and the question before him is whether he is going to ter-
minate her rights, it seems to me that he might very well be thinking
in connection with that matter whether he is going to have the child
on hand or in the reservoir somewhere so that he can turn it over
to one of these applicants who are on file from whom he is going to
receive $250. It would not make any difference whether it is at that
instant or whether it is a month later.
Mr. Harris. The Senator is operating on another premise, to which
I cannot subscribe, and I will tell you why. The Senator is operating
on the premise that this man is engaged in selling babies. I am here
to tell you. Senator, and you can check it, and the Senator knows
people in mv town, that this man has been judge of the juvenile court
for 33 years. The people of Augusta know him, and they love him
and they respect him and he is held in the highest esteem. They know
the way he conducts his court.
I tell you, Senator, that his reputation in Augusta is 10 times as
good as mine. He is well loved and respected in spite of the mumble
from the rear.
Senator Kefauver, let me tell you this: He has what he calls an
organization of big sisters that help him run the juvenile court. They
are representatives of every church in Augusta. They are familiar
with everything that goes on and every record in his courtroom and
in his court, and they are standing there solidly, 100 percent behind
him. . .
I tell you that I think the Senator is making a mistake m ]umping
into the presumption, and this is why I think the Senator ought to
be patient with me in making this statement
Chairman Kefauver. I have tried to be.
Mr. Harris. The papers and the press that were out last night and
this morning have the judge mixed up Avith known racketeers fi^om
Phenix City, Ala., that have bad reputations all over the world. They
sent him out with another known situation in Kansas and thev were
scrambled up together. This committee is smearing him in Georgia
and all over the country. They are smearing a man who has been a
judg-e of the court for 33 years and has an enviable reputation.
I am here to tell vou and to swear to it and invite you, S^ya^-or, to
go to Augusta and hold a hearing and see if the people of Eichmond
County and the people of the city of Augusta, over 100,000 of thorn,
will not come to his aid and tell' you that he should not be smeared
as the newspapers have smeared him this morning and last night.
That is the reason.
Chairman Kefauver. He also appeared at the same time or on the
same day with Attorney General John Pattpr<=on.
Mr. Harris. If Your Honor please. Attorney General Patterson was
not smeared. He was not accused of being in a baby racket. I am
askinor you to be patient with me for just a few minutes so that I may
be permitted to paint the picture.
Chairman Kefauver. Go ahead.
182 JUVENILE DELINQUENCY
Mr, Harris. If I was trying this case in Richmond County, I
would not request this because the people of Richmond County know
Judge Woodward. It is a bad thing when a man who has lived to
be 70 years old and lived an honorable life and has a fine reputation
to have all this happen to him.
I do not believe you can find a juvenile court in America that has
done as much work and as fine a job as has this court. This has
been done under the leadership of Judge Woodward and with the
aid of Miss Hamilton. I make that statement and I challenge this
committee to come to Augusta and find out whether or not I am telling
the truth.
I say to you that when we tie him up with Phenix City, when we
tie him up with a situation like Kansas and send it out to the world,
that is a complete injustice.
There has been a lot of argument about conviction by association in
Washington recently, especially during the McCarthy hearings. I say
to you that to tie him up in the press with a situation like this, as was
done by the newspapers and the press this morning, that it is unfair.
We are entitled to a little time to show the other side of this picture.
Senator Kefauver, every juvenile court judge in Georgia, except
one practices law. Nearly every county has a county court that goes
under the name of the city court in Georgia. The recorder in the city
of Augusta who tries police court cases practices law. In know that
because he sues me. He is sitting there with traffic cases every day.
Every accident that happens in the city of Augusta goes before him.
As a result of that fact, he gets a large number of accident cases and
damage suits that he did not get before he became judge. It is natural
that the practice gravitates there.
The same thing is true about Judge Woodward. I have sent num-
bers of people to Judge Woodward to get adoptions because I did
not want to fool with them. Every time I get one, I have to get down
and study the law all over again, and I do not want to take the time
to do it and there is not enough money in it to justify it the other way.
Mr. Congden sends them to him. Practically every lawyer in Augusta,
when somebody comes along with an adoption case, sends it to him
because Judge Woodward knows all about them.
I say to you this, in answer to the Senator's argument that the
judge would be prejudiced or be influenced somewhat to decide with
that party : In all my experience I have never known of a fight over
an adoption case in court. I have read of some. I have never known
of one in my experience. The reason for that is the investigation they
have to go through, the time they have to wait for an adoption. If
there is any objection and any controversy, it is all eliminated before
you get to that point as a result of that. You will find it true that
when there is a fight over an adoption, nobody wants the adoption.
Nobody wants a child if they are going to fight over it and then find
that the natural parent is going to show up in front of the child 15
or 16 years later and cause trouble. Nobody wants a child if there is
going'to be some sort of a case put up over it in later years, and at a
time when the child has become a mpmber of the family and the foster
parents have already taken it in. Nobody wants to take that chance.
Consequently, when vou get down to the adoption, all of that has
been settled, or else they just do not go through with it. Nobody is
JUVENILE DELINQUENCY 183
going to fight for a child for adoption. I have never known a person
who was willing to do that. If I were out adopting them, I would
not go into court and have a fight over the adoption. That is why it
is a perfunctory matter and a formality.
I myself do not like to handle them. I do not fool with them. I do
not like to handle divorce cases because it involves the custody of
children all too often, and when you get into it you get into trouble.
I stay away from them as much as I can.
There is another factor. About one in a thousand are able to pay
a decent fee, and I am a little bit selfish that way. Occasionally I
take one on account of symj^athy and I know I am not going to get
paid for it. I know that Judge Woodward does not get paid for half
of what he handles because I know what he does.
There is another thing, Senator. When a man gets in the center
of something, everything gravitates to him. This man Moree went
to him because he was the judge of the juvenile court. Moree other-
wise might have come to me. I am not so sure. I did not tell him to
go see Judge Woodward because he had been my friend over a long
time standing. I know that I have sent others over there and plenty
of them. I send divorce cases to lawyers who specialize in divorce
cases. I send people who have criminal cases to men who specialize in
that field. There is one specialty that one of my ]3artners has handled
95 percent of the business in that part of Georgia and South Carolina,
and most of the other lawyers send them to him. That is the way the
law practice goes.
If I had a case today, instead of bothering with the adoption, I
would say, "Go get Judge Woodward," and that is what happened.
I have tried to paint the picture, and I think I have tried to paint
it in a fair manner. I think the judge is entitled to it. Judge Wood-
ward has not been selling babies. I do not know whether our law
should be changed or not. It may be that we ought to change our law
and put our juvenile court judge on a full-time basis, but we have
never done it. It may be that we ought to have homes in which to
keep these children and not put them out on the fence. I do not
think so.
I have been told by the social workers that giving them fathers
and mothers was the most important thing and it was important to
give them family ties and family life and the love from a mother and
father. I may be wrong. Maybe we should come to the collective situa-
tion idea of putting them all in homes. I do not know. I hope not and
I do not think so.
I do want to try to get over this idea : That Judge Woodward is not
a baby seller. He is not in the black market or in the gray market
or in any other kind of market. He was charging a fee under Georgia
law. It was legal and it is legal. It is what we consider to be ethical.
Maybe we should change our law. Maybe we should change our ethics.
I do not know about that. Judge Woodward is not in the baby market.
It is not an easy job to place the children as he has done. They
fight over them.
I have friends that would do most anything and who are frantic to
adopt a baby. However, they would not take one of Judge Wood-
ward's babies.
184 JUVENILE DELINQUENCY
Chairman Kefauver. I suppose that the children there are just like
they are anywhere else. Most of them are good kids. Most of them
are healthy, but some are unfortunately afflicted.
Is there anything else, Mr. Harris ?
Mr, Harris. That is it. Thank you, sir.
Chairman Kefauver. Thank you very much.
Mr. Harris. Do we have to come back ?
Chairman Kefafver. You do not have to come back. I do not think
we have anything else to introduce in connection with your matter.
Mr. CoN(}DEN. I would like to say that we appreciate the natience
of the Senator and his courtesy in hearing what we had to offer.
Chairman Kefauver. Thank you, Mr. Congden. I would like to
give everybody all the time that they want. However, in that case
we might be here 2 or 3 weeks.
Mr. Congden. We appreciate that.
Chairman Kefauat:r. I want to bring around and just have sworn
and identified the next witness. We will let her testify for a minute or
two.
Mr. MiTLER. Miss Jane Wood.
(Whereupon, the witness was duly sworn.)
TESTIMONY OF MISS JANE WOOD, REPORTER FOR MIAMI DAILY
NEWS, MIAMI, FLA.
Chairman Kefauver. All right, Mr. Mitler.
Mr. Mitler. Miss Wood, you are a newspaperwoman working for
the Miami Daily News ?
Miss Wood. I am.
Mr. Mitler. And I requested that you help us in the investiga-
tion ; is that correct ?
Miss Wood. You did.
ISIr. Mitler. And I asked that you pose in the role of a person who
wanted to adopt a child ?
Miss Wood. That is right.
, Mr. INIiTLER. That was done to find out what was happening in
Dade County in connection with adoption matters ?
? Miss Wood. Yes, sir.
Chairman Kefauver. Sit up closer to the table so that we can hear
yon. , '??".? •? ? . • ,„.:y
Mr. Mitler. Did you make a telephone call and did you make a
.vis^t-to a woman by t]ie name of Dr. -Katlierin Cole, a naturopath?
V Miss Wood. Yes, I did.
]\fr. Mitler. Will you tell us about that briefly ?
. Miss Wood. You had told me that she had a re])utation for, slial] we
"say. selling babies. I went to Dr. Katherine Cole driving a Cadillac
and wearing a false dianu»nd ring. I found that I could get from her
?for $500 cash downpayment a baby born between April 20 jnul M;iy in.
^Ir. Mitler. Would j'ou tell us the conversation ?
, Miss Wood. Ihadtopay the balance then of between
]\Ir. Mitler. Give us the conversation that you had with her.
Miss Wood. I went in and said, "Dr. Cole, I am ]\Irs. Frederick Zim-
merman. I am down here from New York on a fishing trip. My Inis-
band has written that a New Jersey couple told him that Florida law
JUVENILE DELINQUENCY 185
is much better and you can get babies down here and they gave me
your name." .
? She said, "No, Florida law is perfectly horrible, too. It is just like
New York law." She said that the welfare people did let her
Mr. MiTLER. Please speak slower. I cannot catch it all.
Miss Wood. She said that the welfare people did let her place 10 or
12 babies for adoption a year.
I explained to her that my husband — Zimmy I called him— could
buy me anything 1 wanted but we could not have a baby, and the only
thing I wanted was a baby and that the social workers in New York
would not let me adopt one.
Dr. Cole spoke to me very sweetly and kindly of her own family,
how she brought up 4 or 5 children by herself, about how her husband
deserted her.
I took off my white gloves and I flicked on the diamond, and we got
down to prices. She said that the welfare board would let her accept
a fee of $150 as her delivery fee, but she said that it was too tragic
or hard for these girls who are expecting illegitimate babies to have
no help, and she said that she took care of the child and did help them.
She said she had a lovely girl staying there now that she had placed — —
Mr. MiTLER. Please get closer to the microphone.
Miss WoDD. She said she had a lovely girl staying there now that
was due to have a baby between April 25, I believe, and May 10, and
that if I paid here $500 in cash— — •
Mr. MiTLER. Miss Wood, may I just hit some of the highlights?
Chairman Kefauver. (to ahead and let her finish that conversation.
Mr. MiTLER. What was the final conversation ?
Miss Wood. That if I paid her $500 in cash, she would keep account
of what she had spent on the girl and submit that total when my hus-
band and I flew down from New York to take the baby in April.
Mr. MiTLER. Was there a question of about 2 or 3 thousand dollars ?
Did she ask you whether you would quibble about 2 or 3 thousand
dollars?
Miss Wood. No, it did not go that way. I said, "How much v\'ould
the total amount be ?"
. She said, "I do not know."
I said, "Well, about how much would it be? I would like to taiow.
Would it be 2 to 3 thousand dollars ?"
She said, "Well, possibly not that much, but if it is that much will
you and your husband quibble ? "
I said, "No, we would not quibble."
Mr. MiTLER. Was it just the matter that you were not to reveal to
the welfare authorities how much you had given her ?
Miss Wood. She said that when we came down to get the baby she
would ask us to pay part in check and part in cash, and that was so that
both she and I could say to the welfare board that the check was all we
paid.
Mr. MiTLER. Did you then visit on another occasion a Dr. Eduardo
Suarez ?
Miss Wood. I thought it was Eduardo Suarez. That is his name,
yes.
Mr. MiTLER. He lives in Dade ( 'ounty ?
Miss Wood. Yes.
186 JUVENILE DELINQUENCY
Mr. MiTLER. Would you fix the time ?
Miss Wood. That was about 10 or 11 days ago. It was in the morn-
ing, I believe.
Mr. MiTLER. Could you hit the highlights about this, please ?
Miss Wood. I went in and told Dr. Suarez words to the same effect,
the same thing I told Dr. Cole. He said, "Well, when you come around
to getting a baby this way, it is going to cost you money." He wrote
down the figure of $150. He said, "That is all the welfare people will
let us charge, but," he said, "I have to take care of these bills. They
come to me and they cry and they have a lot of trouble. They are a
headache to me. They threaten me and they want me to abort them. I
take care of them. I pay $20 a week."
He then wrote down the figure of $650. He looked at that and then
he said, "Well, there is a lawyer's fee on top. It comes to a little better
than $1,000."
Mr. MiTLER. Was that the agreement to which you came ? Was that
the highlight of your conversation ?
Miss Wood. He said he had no baby at that time but he knew of
another doctor that had a baby. He took my New York phone number
and said that he would call me but that it might be a long time.
Mr. MiTLER. Did you go with him to visit one of the unmarried
mothers who had dealt with Dr. Cole ?
Miss Wood. I did, Mr. Mitler.
Mr. MiTLER. Would you repeat what she said with respect to the
final help she got before birth ? Please do not mention her name.
Miss Wood. This woman said — Can I call her. Miss Young? That is
not her real name.
Mr. MiTLER. Let us call her Miss Young, an unmarried woman, who
dealt with Dr. Cole.
IVIiss Wood. We said, "Did you go to Dr. Cole ?"
She said. "Yes."
I said, "Did Dr. Cole help you ?"
She said, "She helped me. She paid — she didn't charge me any de-
liverv fee and she paid a month's rent. It was $12 a week, and it came
to about $48."
Mr. MiTLER. In other words, Miss Wood, she did not support this
girl for 7 or 8 months ?
iNIiss Wood. That was all she did.
Mr. Mitler. And did the girl go to Dr. Cole on her own initiative
or was she approached by someone else, a Mrs. Sutera, and asked to
go to Dr. Cole ?
Miss Wood. According to the welfare board, she sent her to Dr.
Cole.
Mr. Mitler. The individual that brought her over there was
through Ruby Sutera ?
Miss Wood. Yes.
Mr. MiTi.ER. What did she say about Dr. Cole's method of delivery?
How did she describe it?
Miss Wood. I asked her if Dr. Cole was kind to her. She said, "No.
She was rough. She was coarse and primitive. She hollered at me.
She only seemed to be interested in the baby and not in me."
Mr. Mitler. For how long did this girl receive hospital care or
treatment through Dr. Cole ?
JUVENILE DELINQUENCY 187
Miss Wood. It was a small period of time, and I cannot remember
the figure. I was surprised that she got up so quick. It was too
quick.
Mr. MiTLER. We will hold your testimony. The rest of the testi-
mony will be held until this afternoon.
Chairman Kefauver. We will stand in recess until 2 : 15 this after-
noon.
(Whereupon, at 12: 20 p. m., recess was taken until 2: 15 p. m. the
same day.)
AFTERNOON SESSION
Chairman Kefath'er. The hearing will come to order.
We will have Miss Wood resume.
Mr. MiTLER. Miss Wood, you started this morning to tell us about
the fact that you posed as a prospective adoptive parent and that you
went to see one Dr. Katherine Cole, who lives in Miami ; is that right?
Miss Wood. Yes, that is right.
Mr. MiTi.ER. And the highlight of your visit was one of the things
that was said by Dr. Cole, that being that she wanted you to conceal
from the department of public welfare the amount of money that you
would pay in order to get the child ?
Miss Wood. Yes. She said that when we finally came to settle that,
she would like part of it in a check and the balance in cash, and she
said that was so that both she and I could say to the welfare people
that the check was the total amount that I had paid her. She said
we would work out that sum when we came down in April, or she said
words to that effect.
Mr. MiTLER. Did she speak to you at any time about placing chil-
dren outside of the State of Florida ?
Miss Wood. At one time she said that she had quite recently placed
a lovely baby with a nice New Jersey couple, and then when I was
discussing with here the legality of adoption she said that she quite
recently arranged an adoption with a Springfield, Mass., couple and
there was no trouble at all.
Chairman Kefauver. I did not understand that part about the
Springfield, Mass., couple. Tell us about that again.
Miss Wood. We were discussing the legality of an adoption, how
I would legally adopt the baby, since I was supposed to be living in
New York. She said, "Don't try to adopt the baby in New York.
Come down and get the baby. Come back to Florida in about a year
and get the adoption here. There will be no trouble at all. I have
the best lawyer. He will work with your New York lawyer. A
Springfield, Mass., couple recently adopted a baby that way, and
there was no trouble at all."
Mr. MiTLER. In other words, if there was a long enough delay,
that was a sure way of having no problems in obtaining the decree?
Was that what she was attempting to tell you ?
Miss Wood. I presume so.
Mr. MiTLER. Did she state in these cases that she took care of the
prenatal expense of the unmarried mother?
Miss Wood. She told me that the total sum would be the expense of
the unmarried mother — I mean, that the total would be that in excess
of her delivery fee.
74718—56 IS
188 JUVENILE DELINQUENCY
Mr. MiTLER. You did not tell us this morning about a second visit
that you made to Dr. Cole, did you ?
Miss Wood. That was when I went back. She wanted $500 in cash.
I said, "Well, I will get it to you this afternoon."
I came back the next morning and said that my husband simply
was coming to Miami as soon as he could and that he was very excited
and tliat lie wanted to see about the legality of the adoption, if he
could legally make the baby our own. It was at that time when she
told me not to worry, that the legality could be arranged.
Mr. MiTLER. Was there some conversation about cars in a lighter
vein?
Miss Wood. Well, she said, "How do you like your Fleetwood
Cadillac? Mine is making me very nervous. It is a very long car
and I am having trouble with it." She said that she liked her Cadillac
but it was making her nervous. At that time she told me that she
never coerced any girl into giving away her baby.
Mr. MiTLER. After you spoke to Dr. Cole — by the way, she is not
a medical doctor, is she ?
Miss Wood. No.
Mr. MiTLER. She is what is known as a naturopath ?
Miss Wood. So I understand.
Mr. MiTLER. And I believe they are licensed to carry on certain
activities in the State of Florida ?
Miss Wood. Tliey do something in Florida.
Mr. MiTLER. Are vou sure what it is?
Miss AVooD. It is detailed— no, I am not sure what it is.
Mr. MiTLER. Shortly thereafter, did you go in my company to
interview an unmarried mother who had given birth and whose baby
had been placed out through Dr. Cole ?
Miss Wood. I did. , ^ ^^ ^. , ^
Mr. MiTLER. Would you state a little about that ^ You did touch on
it a little bit this morning. Tell us what this girl told you about how
she Avas contacted and how that child was placed.
Miss Wood. She said that Dr. Cole had lielped her, when we asked
lier that She said that she had paid a montli's rent, and that it wns
about $12.50 a week, and that was about $48. This is taking place,
as I remember, in 1952 or 1053. ^
She said that she had cone all over Miami trying to get some hel]).
She said she went to all the social agencies here. She told us that
the Salvation Army wanted to send her to Tampa, but they fould
not figure out a wav'to get her there. ^, , , w
She went to the welfare board in Coconut Grove. She also thought
that the welfare board sent her to Dr. Cole because a couple of davs
after her visit to the welfare board in Coconut Grove a tall, dark,
young man who she had known onlv as George told her that he was,
she thought, a lawyer from the welfare board. He said that he was
going to send somebodv to help her.
A day or so after that a woman, IJuby Sutera. came around, and
she thought she was a welfare worker from the welfare boai-d. There
was a pregnant woman in the car with this Mrs. Sutera, and Mrs.
Sutera told her to go to Dr. Cole and that Dr. Cole would help her.
Mr. MiTLER. How did she describe the delivery? Did she say it
was done in a highlv professional way or in a primitive way?
;;: — w— 8j: .
JU^^ENILE DELINQUENCY 189
Miss Wood. She said, "I knew what to expect. I had had a baby
before, and it was very rough. She was coarse and crude. She hol^
lered at me. Slie seemed to be interested only in the baby and not
in me."
She said that the baby was delivered in a room that must once
have been a bathroom in a private residence.
Mr. MiTLER. Did you also visit one Dr. Eduardo Suarez?
Miss Wood. Yes, I did.
Mr. MiTLEK. I think the pattern was about the same as the visit
with Dr. Cole. You were not to disclose to the department of public
welf aie the amount of money, were you ?
Miss Wood. That is right. He said that if the social workers want
to know how much I paid, to tell them I paid him practically nothing,
that he practically gave the baby to me.
Mr. MiTLEK. What is Dr. Eduardo Suarez ? Is he a medical doctor ?.
Miss Wood. He also is a natni'0])atli, as 1 understand it.
Mr. MiTLER. Could you establish the time wlien you went to see
Dr. Cole and Dr. Suarez ?
Miss Wood. Dr. Cole was on Thursday, 2 weeks from this coming
Thursday. Dr. Suarez was on Friday, 2 weeks from this coming
Friday.
Mr. MiTLER. In other words, it was all within the last 2 weeks ?
Miss AYooD. Yes.
Mr. MiTLER. And to make it clear, you represented that you were
a resident of the State of New Yoik '( ,
Miss Wood. Yes.
Mr. MiTLER. With that accent ?
Miss Wood. I said that the one reason the social workers would not
let me have a baby was because they said my husband was northern
and I was southern. Dr. Cole and I discussed the fact that she was
brought up on a South Carolina farm, and I told her that I was
brought up on a (leorgia f aruL
Mr. MiTLER. Do you come from Georgia?
Miss Wood. Yes.
Mr. MiTLER. You did not bring the deposit of $500 and that was the
end of your contact with Dr. Cole and Dr. Suarez ?
Miss Wood. Yes. You would not let me have the money.
Mr. MiTLER. I have no further questions of the witness.
Chairman Kefauver. Is there anything else, Miss Wood, that you
can tell us about this matter ?
Miss Wood. No, sir.
Chairman Kefauver. Thank you very much.
Who is your next witness, Mr. Mitler ?
IMr. Mitler. INIiss Claudia Harney and Mrs. Esther Henshaw.
(Whereupon, the witnesses were duly sworn. )
TESTIMONY OF MISS CLAUDIA HARNEY, EXECUTIVE SECRETARY
OF CATHOLIC CHARITIES BUREAU, INC., MIAMI, FLA., AND MRS.
ESTHER HENSHAW, DIRECTOR OF THE BUREAU OF VITAL
STATISTICS FOR DADE COUNTY, MIAMI, FLA.
Chairman Kefauver. Proceed, Mr. Mitler.
Mr. Mitler. Your name is Miss Claudia Harney ?
Miss Harney. Yes.
190 JUVENILE DELINQUENCY
Mr. MiTLER. And you are the director of Catholic charities here
in Dade County ?
Miss Harney. Executive secretary, Mr. Mitler.
Mr. MiTLER. How long have you been here in Dade County workijig
with that agency ?
Miss Harney. 13 years.
Mr. Mitler. Is it a fact that you worked with me in breaking the
Irwin Slater case ?
Miss Harney. Yes.
Mr. Mitler. Is it a fact that without your help the prosecution of
that case which concerned traffic in babies between Dade County and
New York City would not have been broken ? Never mind answering
that. I will state that it is a fact.
Chairman Kefauver. I think, Mr. Mitler, that you should take a
minute and tell about what the Irwin Slater case was. A lot of people
here do not know about it.
Mr. Mitler. Could you tell us about what it was? I want to add
also that Mr. Bert Collier was also very instrumental in working that
out. Is that correct ?
Miss Harney. That is correct.
Mr. Mitler. Bert Collier of the Miami Herald.
Miss Harney. That is right.
Mr. Mitler. Please tell us what that case was about.
Miss Harney. I would be glad to.
Chairman Kefau^^r. Let us identify the lady next to Miss Harney.
Mr. Mitler. You are ISIrs. Henshaw ?
Mrs. Henshaw. Yes.
Mr. Mitler. What is your position ?
Mrs. Henshaw. Director of the bureau of vital statistics for Dade
County.
Mr. Mitler. Go ahead. Miss Harney.
Miss Harney. In December of 1949, as I recall, a New York attor-
ney came to our attention who was operating out of Miami Beach.
He was
Chairman Kefauver. What was he operating?
Miss Harney. He was operating out of Miami Beach.
Chairman Kefauver. Operating what out of Miami Beach?
Miss Harney. Well, he was
Chairman Kefauver. He was just operating?
Mr. Mitler. He had advertisements in Miami Beach newspapers?
Miss Harney. Yes. He advertised in Miami newspapers to the
effect that he wanted children for adoption. He placed a phone
number. His phone number was given as a Miami Beach phone
number.
Mr. Mitler. Did he also have offices down here where he conducted
this business from? Was it in one of the hotels?
Miss Harney. More than one.
Mr. Mitler. This gentleman's name was Irwin Slater?
Miss Harney. That is right.
Mr. Mitler. He was an attorney from New York City?
Miss Harney. Yes. The matter came to our attention both through
the newspaper advertisements and through several girls who came
to our office to tell us of their contacts with him. The facts were
that they answered his ad and he offered to place their expected child
JUVENILE DELESTQUENCY 191
for adoption with a New York couple, and, as he said, with a very
good friend of his. That is actually how the matter originally came
to the attention of our agency.
We actually investigated the matter and found that the attorney
had quite a setup on Miami Beach. He had a full time secretary there
and a New York woman who was working with him.
Mr. MiTLER. Her name was Bess Bernard and she was convicted
of baby selling in New York County.
Miss Harney. That is right.
Mr. MiTLER. Bess Bernard came down here in order to bring or
transport some of these babies up to New York ; is that right ?
Miss Harney. Yes. She came to Miami and we actually saw her
take a child from a particular nursery in Miami and take the baby, in
company with a young couple, to the airport, and with that the couple
and the baby took off for New York. As you well know, we were in
touch with you at that time and someone from your office saw them
at the plane when they arrived in New York. They met them at the
plane when tliey arrived there.
Mr. MiTLER. You got your friends and some of the people from the
agency and you went in cars and followed Mr. Slater and his assistant
and you covered the nursery where the children were and you called
New York when the children were to be flown in so that we could ob-
serve the children being brought in ; is that correct?
Miss Harney. Yes. We were actually able to determine exactly
what the setup was here, and we contacted your agency, and you
took it from there.
Mr. MiTLER. As a result of that, Irwin Slater was arrested in
New York County ; is that right ?
Miss Harney. Yes, that is right.
Mr. MiTLER. Really, what he was running was sort of a chain-
belt system of couples coming down from New York, and there was
a pool built up here of children ; is that correct?
Miss Harney. Yes.
Mr. MiTLER. And these people were paying $1,500 to $2,500 in
cash for the children?
Miss Harney. Yes.
Mr. MiTLER. There was a trial in New York County. Do you recall
both Bess Bernard and Irwin Slater being convicted of placing out
children for compensation ?
Miss Harney. Yes.
Mr. MiTLER. You came to New York and testified and helped us
Avith the case, did you not ?
Miss Harney. Yes, I testified.
Chairman Kefauver. Mr. Mitler, how large a traffic was that?
I have heard something about it.
Mr. Mitler. The traffic there went into several hundred thousand
dollars. At one time he had a pool of about 60 babies from which
he was drawing. His overall activity went into hundreds of babies.
He had initiated this activity first up in New York, and then, when
New York passed a babyselling statute, on that very day he flew
down here and decided he had another sharp angle and would op-
erate from Dade County. The volume went into several hundred
thousand dollars. That was the amount of money taken in. For-
192 JUVENILE DELESTQUENCY
tunately, we caught him accepting a check for $2,000 outside of a
New York liotel, and that gave us the jurisdiction. We could never
have had the case without Miss Harney's assistance and the assis-
tance of the Dade County authorities. That is the background of
the Slater case, Senator.
Chairman Kefauver. Let us go on to this one down here.
Mr. MiTLER, Miss Harnej'^, I know that this goes back some time.
Was there an occasion when you had in Dade County a woman who
was once in awhile giving shelters to some of your unmarried mothers?
Miss Harney. Yes, sir.
Mr. MiTLER. Did something happen to make you suspicious abon+
one of these cases ?
Miss Harney. Yes. Would you like for me to describe that ?
Mr, Mitler. Just hit the highlights of it, please.
Miss Harney. The girl came to the attention of our agency shortly
before she was to have her child, and we placed her in this particular
convalescent home.
Mr. Mitler. Just speak a little louder.
Miss Harney. A week later her child was born. A short time after
the birth of the child, the woman who operated the convalescent home
told us that the mother and baby returned to New York. The mother
actually was from New York. We knew nothing further about that
situation at the moment,
A few months passed and through the welfare department and
through a private individual that ha])pened to tell us one day we
found that this woman who operated the convalescent home was plac-
ing infants privately. We became concerned about the situation and
thought we should check back with regard to the mother and baby
who had spent a little time in her home.
We got in touch with the mother in New York, and she told us
that she had left her child in Miami at the convalescent home with
the understanding that the child would be cared for there temporarily
until she could take the child later on.
Mr. Mitler. To highlight it, did it develop that her child was in
this home where this lady was supposed to board it out with another
child?
Miss Harney. Yes.
Mr. Mitler. And these two children were being offered for sale ?
Miss Harney. Yes,
Mr, Mitler, For how much ?
Miss Harney. For $1,000, and they were being offered for sale as
twins. It so happened that both of the babies were born on the same
night.
Mr, Mitler. But they were not related ?
Miss Harney, Not related.
Mr. Mitler. And that the boarding mother was pretending to be
the mother of these two children ?
Miss Harney. Yes. The woman who operated the convalescent
home pretended that the babies or the children were born to her. She
said that they were her natural children. Of course, they were not.
She offered the children for adoption for $1,000, In further con-
versation with the mother in New York — in further conversation — she
decided she would come back to Miami regarding the situation.
JUVENILE DELINQUENCY 193
She came back to our agency and we called at the convalescent home.
The woman who operated the home, of course, was shocked to see the
girl. We asked to see the baby. She said the baby was not there.
The baby evidently had already been placed with the other child. We
went into the
Mr. MiTLER. Miss Harney, I think we are going to leave the balance
of the story to the Bureau of Vital Statistics. As it stood at that
point, the two children were being offered for sale as twins for $1,000?
Miss Harney. Yes.
Mr. MiTT.ER. And the lady at the boarding house was pretending to
be the mother ?
Miss Harney, Yes.
Mr. MiTLER. I think the next facet occurred in the Bureau of Vital
Statistics. Mrs. Henshaw is who we will hear from on that point.
Mrs. Hensliaw, were you alerted to a situation like this and did
something happen in your bureau ?
Mrs. Henshaw. Yes.
Mr. MiTLER. Please come closer to the mike. Tell us what
happened over tliere.
Mrs. Henshaw. We worked very close at that time with the wel-
fare department. In fact, they always work with us. If they send
out anything, they let us know, and we do the same with them.
Mr. Mttler. What happened in your department ?
Mrs. Henshaw. We checked on this case, and Dr. Cole came into
my office on June 20, 1945, with Mrs. Saunders, whom I had met
previously because I made an investigation in her home, and she filed
twin birth certificates on two children supposedly born to Mrs.
Saunders. Those are the two children — I mean, I have all the evi-
dence, but to highlight it, as you say, those are the two children that
Miss Harnev is referring to.' They are not related in any respect.
Mr. MiTLER. That is the same Dr. Katherine Cole that has been
referred to in the testimony of Jane Wood ?
Mrs. Henshaw. Yes. This case is a matter of court record because
I did prosecute her later in court.
Mr. MiTLER. What happened in that case ? What was the ultimate
and final outcome ?
Mrs. Henshaw. We obtained — we had several chai'ges that _ wo
were prosecuting. Some of them were nolle prossed. This particu-
lar case
Mr. MiTLER. Was she guilty or not guilty ?
Mrs. Henshaw. We obtained a conviction in it. However, their
attorneys appealed to the Supreme Court, and it just kept riding out
in court until it was thrown out.
Chairman Kefauver. Do you mean that you had something signed
by Dr. Cole certifying that these two children were twins and born
of a fictitious mother who was not the real mother ?
Mrs. Henshaw. Yes. I have the original record. She came into
my office and signed this record. I found that they were false. Con-
sequently, I did not file them officially.
Chairman Kefauver. Was there ever any question about whether
she misrepresented or falsified ?
Mrs. Henshaw. That is the case I had in court. It was for falsify-
ing records. We do have a law to that effect. That is the court case
that I ha:l for falsifying these records. We did get a conviction in
i94 JUVENILE DELINQUENCY
the lower court, and then her attorneys appealed the cause to the
Supreme Court. From there on out, it just seemed to ride back and
forth there until they finally threw it out. We never had any other
returned case on it.
Chairman Kefauver. Was there any denial of her signature ?
Mrs. Heenshaw. I saw her sign it. We made out the certificates.
We typed the certificates in our office, and she stood there and signed
them.
Chairman Kefauver. In your presence ?
Mrs. Henshaw. Yes, sir.
Chairman Ivefauver. Will you please file the photostats of those
as exhibits ?
Mrs. Henshaw. I have given Mr. Mitler photostatic copies.
: Mr. Mitler. We have photostatic copies. Let the photostats of the
original records be filed. They are being passed up right now as
exhibits 1 and 2 in comiection with this testimony.
Those are photostats of the originals, ]Mrs. Henshaw i
Mrs. Henshaw. Yes. This is a copy of the original that was filed.
This is a copy of a copy in our office. This is quite confusing. This
Joanne Saunders and Joanne Sullivan are one and the same child.
This is the actual birth certificate on the child and this is a certificate
that Dr. Cole filed on tlie child falsifying it as the child of another
person.
Mr. Mitler. I ask that they be marked.
Mrs. Henshaw. This Joyce Saunders is the other falsification, and
it is actually Joyce French.
Mr. Mitler. That will add a third exhibit.
I have no further questions.
Chairman Kj^faitv^er. Is there anything else of Miss Harney 'i
Mrs. Henshaw^ I would like to say that along with these photo-
stats that I have here I have made another one of the original record.
I had to file the certificate on this Joyce French because Dr. Cole re-
fused to file one. I have that authority by law to file a certificate, so I
did file one on the little French baby so we w^ould have an original
record.
Mr. Mitler. Do you have a photostat of it ?
Mrs. Henshaw. Yes, I will include that.
Mr. Mitler. We will mark that as exhibit 31.
(The birth certificates referred to are marked "exhibits 31, 31a,
31b and 31c" and appear on accompanying insert.)
Chairman Kefauver. How much of this business, Mrs. Henshaw,
have you had over in your office like this ?
Mr. Henshaw. Nothing quite so flagrant as this. We are suspici-
ous of a number of cases but, like I discussed with Mr. Mitler, you
cannot prove it and I do not liave the personnel to go out and investi-
gate these things. Consequently, we just have to let them ride. There
are many, many cases that come into the office that are filed of which
we have suspicion.
Mr. Mitler. It is only under an unusual set of circumstances that
this would come to light ?
Mrs. PIenshaw. Quite right.
Mr. Mitler. Ordinarily, if that happened, or if the mother went in
the hospital under the name of the adoptive couple, it would be a great
rarity that the truth would come out ?
♦
Foldout
Here
♦ ♦
♦
I
JUVENILE DELINQUENCY 195
Mrs. Henshaw. That is right.
Mr. MiTLER. Thank you very much.
Chairman Kefauver. Call your next witness.
Mr. MiTLER. I would now like to call Mrs. Sutera.
(Whereupon, the witness was duly sworn.)
TESTIMONY OF MRS. RTJBY SUTERA, MIAMI, ELA.
Chairman Kefauver. Proceed, Mr. Mitler.
Mr. Mitler. Would you please pull up the mike closer to your
Chairman Kefauver. Move around closer in front of it.
Mr. Mitler. What is your name ?
Mrs. Sutera. Mrs. Ruby Sutera.
Mrs. Mitler. Where do you live, Mrs. Sutera ?
Mrs. Sutera. In South Dade^County.
Mr. Mitler. Do you live in Kendall?
Mrs. Sutera. No. Hive in South Dade County.
Mr. Mitler. I am sorry, but my geography is not too good.
When I first spoke with you, you said that you were anxious to help
us understand the adoption situation here ; is that right ?
Mrs. Sutera. That is true.
Mr. Mitler. And right away you told us that you would throw
whatever light you could on the situation and you are here willingly;
is that correct?
Mrs. Sutera. Yes.
Chairman Kefauver. I hear that you have cooperated very will-
ingly with this committee, and we hope that other people will not have
the misfortune about which you know. We appreciate your help.
Mrs. Sutera. Thank you.
Mr. Mitler. It is true that you assisted or helped in making a lot
of placements of children both in Dade County and also out of the
State of Florida ; is that right?
Mrs. Sutera. Yes.
Mr. Mitler. And you have assisted in doing this by or through
several people, one of them being Dr. Katherine Cole ?
Mrs. Sutera. Yes.
Mr. Mitler. As I understand it, you have six adopted children of
your own ?
Mrs. Sutera. Yes.
Mr. Mitler. And were there newspaper stories about your six
adopted children ?
Mrs. Sutera. Yes, there were.
Mr. Mitler. As a result of those newspaper stories, did people come
to you for help ?
Mrs. Sutera. Yes.
Mr. Mitler. I hope that I can summarize this correctly, but you
said to me that you had helped unmarried mother and you had helped
adoptive couples and you stated that you never accepted any money
whatsoever ?
Mrs. Sutera. Nothing.
Mr. Mitler. But you do not have any independent knowledge of
what happened with respect to the other people who were involved,
such as Dr. Cole ?
196 JUVENILE DELINQUENCY
Mrs. SuTERA. No. I do know the adoptive parents that I gave the
babies to.
Mr. MiTLER. How did you come to first meet Dr. Cole? Was it one
time when you went there for medical treatment? Did you ask her
at that time whether she could help find a baby for you ?
Mrs. SuTERA. Yes, I did.
Mr. MiTLER. And did it happen that you found a child yourself and
when Dr. Cole contacted you you could not accept that child into your
family ?
Mrs. SiTTERA. That is right, because I had one only a few months
ago and it would not be right to take another one in right then.
Mr. MiTLER. I want to be very careful about one thing. I know
that the names of these people are fresh in your mind. Please be
careful not to mention the names of any of the natural mothers or the
adoptive parents.
Mrs. SuTERA. I will.
Mr. MiTLER. Thank you.
In that case, you had your friend take the child ; is that right ?
Mrs. SuTERA. That is right.
Mr. MiTLER. About how many case? would you say all together with
Dr. Cole?
Ivirs. riuTERA. I would have to approximate that at about 20.
Mr. INIiTLER. Some of them were in the State of Florida and some
of them were outside of the State of Florida ?
Mrs. SuTERA. Yes.
Mr. MiTLER. With respect to the unmarried mothers, they would
come to you or they would be referred to you by doctors ?
Mrs. SuTERA. Yes, and lawyers.
Mr. MiTLER. And what did they do? Where did they stay?
Mrs. SuTERA. Different places, like with a friend that needed help
around the house, and just different places. I mean, I don't recall
how many homes.
Mr. MiTLER. Did some of them stay with you ?
Mrs. SuTERA. Yes.
Mr. MiTLER. The mothers that stayed with you, they did some work
around the household ?
Mrs. SuTERA. Yes. They worked for their room and board.
Mr. MiTLER. Did you ever charge them for any room or board ?
Mrs. SuTERA. No. These girls come to you and they have no
money.
Mr. MiTLER. Did Dr. Cole ever give you any money for their room
and board ?
Mrs. SuTERA. Nothing whatsoever.
Mr. MiTLER. You heard Miss Wood testify ?
Mrs. SuTERA. Yes, I did.
Mr. MiTLER. Did you hear her testify that Dr. Cole stated that she
had to cover the prenatal expenses of these unmarried mothers ? You
heard her testify to that effect, did you not ?
Mrs. SuTERA. Yes.
Mr. MiTLER. But so far as you know, the girl who stayed at your
house had no prenatal expense that Dr. Cole
Mrs. SuTERA. That is right, but I do know of one case now recently
where Dr. Cole took care of this girl from the end of January or the
first part of February
JUVENILE DELINQUENCY 197
Mr. MiTLER. Was that one of your cases ?
Mrs. SuTERA. That came through a dear friend of mine. Was it
one of my cases ? It would have been one of my cases.
Mr. MiTLER. With a case that you had direct knowledge of ?
Mrs. SuTERA. Yes.
Mr. MiTLER. The girl stayed in your house ?
Mrs. ISuTERA. For eiglit days. It was quite impossible to take care
of this girl. She was not what I would say a nice girl. She was a bad
influence on my children.
Mr. MiTLER. I wanted to get the overall picture first. The girls
that stayed at your house, I believe you told me, and at that time with-
out any exception, tJiey did not need any money from Dr. Cole because
they were working in your house ^
JNIrs. SuTERA. That is right, (buld I say that Dr. Cole took care of
this girl ? I threw her out because she was not a suitable girl. Dr.
Cole took this girl over and gave this girl room and board from the
end of Januarj^ or the first part of February. It was somewhere in
there. It was from there until about the middle of July. This girl
delivered a stillborn baby. Dr. Cole paid the expenses from the end
of January through July for this girl, accepting nothing. I know the
whole principles in this case and
Mr. MiTLER. Tell us about that case, Mrs. Sutera. You told me
firmly, head-on and blank that there were no prenatal expenses, and I
imagine your memory was refreshed in this particular case.
Mrs. SuTERA. That he
Mr. MiTLER. We covered
Chairman Kefauver. Let her finish telling about that case.
Mrs. SuTERA. Dr. Cole paid $15 a week for this girl's room and
board bill some place in town here, which I do not know about.
Mr. MiTLER. How do you know that she actually paid it, then ?
Mrs. SuTERA. I saw the receipts. I know the girl's mother and
stepfather in this case, and I know when this child was born, still-
born. We had to summon her mother and stepfather to come in at
that time and identify this body and have the body cremated. Dr.
Cole assumed all responsibility, except for the cremation of the body.
Mr. MiTLER. There were many cases that you came in contact with
where the people or the adoptive parents, prospective, wanted chil-
dren, and in that case you referred them to Dr. Cole ?
Mrs. SuTERA. Yes. I not only referred them to her, but plenty of
other doctors and lawyers in town.
Mr. MiTLER. But you did refer, among others, Dr. Cole to these
people?
Mrs. SuTERA. Yes, because she was what I would say the most rea-
sonable one in town to get a baby through.
Mr. MiTLER. Were the financial arrangements, then, always made
prior between Dr. Cole and the adoptive parents, as you told me in
our long interview at your house ?
Mrs. SuTERA. Yes.
Mr. MiTLER. Is that correct ?
Mrs. SuTERA. Yes.
Mr. MiTLER. So that you would not know yourself, as you told me.
in any manner what happened? You just know they went there and
Dr. Cole got a baby for them ?
198 JUVENILE DELINQUENCY
Mrs. SuTERA. That is right, but I always asked the adoptive couple
how much they paid and if the thin- was legal, and they said, "Yes."
dentlir^'' ""^ "'"''^' ^^'^^ P""'^ ""^^ *^^ °^^'^'' ^^"^^ ^°^^-
Mr. MiTLER. You told me that you did not know
Mrs SuTERA. But I did tell you at my home that I always asked
the adoptive parents what they paid, and I wanted to make sure if
It was legal.
Chairman Kefauver. What did they say, Mrs. Sutera «
Mrs. Sutera We have had Dr. Cole charge $75 for a deliverv fee
We have had her take from $100 to $150 u? to approxiSyUo;
tltat I know oT' ''^^'- ^^'^ ^'''' ^"^^^ ^^^^^^^^ ^^y "^«re than that
Mr. MiTLER. You heard the testimony this momin^r wherp ^h^
wanted $500 in advance, did you not « "lornm^ where she
MrMr''''*''T?f ' ^"V"''^ ^° ^"-^ P^^P^^ t^^t I ever sent to her.
Mr. MiFLER. Did you have a case with a Dr. Eduardo Suarez?
Mrs. J5UTERA. les, one case.
Mr. MiTLER. Tell us about that.
Mrs Sutera. These friends were very good friends of mine Thev
were of mixed. I should say, religion and^nationality. They were un-
able to secure a child through an agency. Being that my husband
and myself were also unable to secure a child through a^Lency be
cause of mixed religion and mixed nationality, this c?uple came ?o me
being as the mother was a Jew and the father Italian.^ They fiffu^ed
for sure I could tell them, and I did. ^^^ureu
I gave them a list of doctors and lawyers in this town to go to to talk
with and see what^could be done. Dr. Suarez said that he had a baby
coming up where the father was Italian, and he thought that it would
ntm this home nicely.
Well it did Dr.Suarez charged approximately $400 for this case,
and 1 believe he was subpenaed into court on this case. Well when
they we^nt into court, he testified that he gave the girl room and board,
and that included his fee and the girl's fee. I don't know how the
money was transferred or anything, but the case went through the cir-
cuit court here m town.
Mr. MiTLER. Was there an occasion when Irwin Slater's secretary
came and paid you a visit ?
Mrs. Sutera. Yes.
Mr. Mttler. What happened on that occasion ?
Mrs. Sutera. I never met Slater himself, but a tall, redheaded
woman came to see me. They had run an ad in the Miami Herald
wanting a baby for adoption. She said it was for her sister.
There was a girl in my house who had delivered a baby about 2
weeks prior to this visit, and she signed the baby over to this red-
headed woman.
I was iroing to keep this child for my own, but in the meantime I
was checking twins through somebody else, and I could not very well
take one baby born on the 24th dav of March when the twins that I
was expecting was due momentarily. I had the three babies in my
home at this time, my twins, plus this other babv. and that is when
the girl signed the baby over to the tall, redheaded woman. T don't
remember the woman's name.
JUVENILE DELINQUENCY 199
Mr. MiTLER. In other words, did you know at that time that the
child was going to Slater ?
Mrs. SuTERA. No, I did not, because I never heard of Slater, and I
never knew anything about him until I read it in the paper.
Mr. MiTLER. In other words, it was rather hard for you as one in-
dividual to be able to really know what was going on behind the scenes ?
Mrs. SuTERA. That is right. I just could not understand, vou know,
about it. J J ?
Mr. MiTLER. Even with the best of intentions, it was really hard for
you to know that it was Irwin Slater who was convicted of baby sell-
ing that stood in back of this redheaded woman?
Mrs. SuTERA. That is right.
Mr. MiTLER. Would that highlight for you some of the problems
of making placements independently ?
Mrs. SuTERA. Well, I am going to be frank with you. I have en-
joyed doing this type of work. I do not believe now that JNIr. Slater
should have that authority because, I mean, I think there was too
much money and everything involved, and everything that that man
did
Mr. MiTLER. Nevertheless, even with the best of intentions, it did
happen because you were alone there and did not have investigators
that the child did fall into the hands of someone Mho was selling
bab'es?
Mrs. SuTERA. But I did not place that baby with them. The girl
herself signed that child over to this redheaded woman. I had no
control over it at all. I took care of this girl for 5 months, but I got
nothing out of it.
Mr. MiTLER. It turned out that that redheaded woman was Irwin
Slater's secretary and a material witness ?
Mrs. SuTERA. I saw her picture in the paper, and then I recognized
who it was.
Mr. MiTLER. I think in our talk I asked you why you thought the
girls that came from other States had this problem down here in Dade
County. Do you remember our discussion? Do you remember we
talked about girls coming from all over the United States to have
children here in Dade County ?
Mrs. SuTERA. Yes.
Mr. MiTLER. And you told me some of their problems ?
Mrs. SuTERA. Yes.
Mr. MiTLER. Tell me about some of the things you learned con-
cerning their problems and why they have difficulties here.
Mrs. SuTERA. Well, usually when they come into the State of
Florida they hit an agency. The first thing that I have heard when
they hit the agenc}'- is the agency will say, "If you have come from
New York, go back. W^e have enough here handling the Florida
cases or Michigan or California."
The girls are desperate. They do not know which way to turn
because now they are financially unable to do anything. When these
girls come in, they have no train fare to go back, whether it is to New
York, to Michigan, or wherever they happen to come from. There-
fore, they turn to the doctors and the attorneys for help.
Mr. MiTLER. Did you have one girl tell you something about having
to go to the supermarket with a card and getting inadequate food?
Mrs. SuTERA. Yes.
200 .rir\'ENiLE delinquexcy
Mr. MiTLER. Tell us about that?
Mrs. SuTERA. This girl, in fact, was referred to me through an
attorney who was supposed to be connected with the welfare board
here in town. I had a telephone call from this attorney, and he said
to me, "Will you help a girl out ?"
I said, "I never turn down a girl." I went to this girl's home and
she was desperate. She had absolutely nothing.
Mr. MiTLER. I just wanted to highlight the one point.
Mrs. SuTERA. I am getting to it.
Mr. MiTLER. I am trying to get to the key points that we discussed.
You say that she was given a card ?
Mrs. SuTERA. Yes, to have punched at Food Fair or Carl's Market,
and it was quite inadequate. This girl could not exist on that.
Mr. MiTLER. We can both agree that they had problems. Did you
know that Dr. Katherine Cole had been arrested for manslaughter
in connection with a criminal abortion case ?
Mrs. SuTERA. No. I have never known her to perform an abortion.
Mr. MiTLER. If you had known that, would you have referred these
adoptive couples and the natural mothers to her ?
Mrs. SuTERA. Well, I do not want to answer tliat. She has been
very nice to the girls. The girls have never told me one bad thing
against this woman.
Mr. JMiTLER. Would it raise a little question in your mind about
the wisdom of having her engaged in such a delicate function if you
had known that slie was involved in a manslaughter or criminal abor-
tion case? Would the case raise some question in your mind?
Mrs. SuTERA. I do not know.
Chairman Kefauver. She does not want to answer it, so let us go
to something else.
Mr. MiTLER. You heard today about the falsification of a birth cer-
tificate, did you not?
Mrs. SuTERA. Yes. I did not know about that until you told me
about that.
Mr. MiTLER. You heard it here today under oath ?
Mrs. SuTERA. Yes.
Mr. MiTLER. The point that I had in mind was that once again it
is awfully hard for you to know really too much about all these things,
even though, as you told me, your intentions were the best? It is a
very hard job to do it all alone ; is that right ?
Mrs. SuTERA. Yes. I mean, it is hard to do it without the help of
the doctors and the lawyers in this town. Without their help, I
wouldn't be able to help other folks obtain babies. If you were to
check back on the majority of the people that I helped get babies
for, they Avere in the same position as my husband and myself.
Mr. MiTLER. Did you learn about some of the deaths that resulted
in the deliveries of Dr. Cole ?
Mrs. SuTERA. I only know of one death, and that is pertaining to
the girl that I told you about where she gave her room and board
since the end of January.
Mr. MiTLER. But knowing all these things, putting these things
together, you are still not sure whether you would refer people to her
or not for babies?
JUVENILE DELINQUENCY
201
Mrs SuTERA. I do not know. All of her babies have been very
nice babies and everything. She is still the most reasonable person
in town to «?et a babv through.
Mr. MiTLER. I have no further questions. _ .-, Txn 4. •
Chairman Kefauver. You talk about being reasonable. What is
the price range ? , , , • • *. ^^
Mrs SiTERA. I know just about every doctor's price range m town.
I know the majority of lawyers and what they charge for this.
Chairman Kefauver. What is the highest price i
Mrs. Sutera. The highest price ? A high price ?
Chairman Kefauver. A high price.
Mrs. Sutera. Let us say about $300 or $350. It is not anything
over that That is why when one doctor m town charged itsiUO, i
could not understand. However, after the room and board had been
paid out of that, I do not imagine he got very much.
Chairman Kefauver. What is a low price?
Mrs. Sutera. Well, we have had one case at $«o. ihe rest ot tne
cases have been, say, mostly $200, $250, $300.
Mr MiTLER. That is what you have been told ^
Mrs. Sutera. That is what the people have said. 1 mean, i am
under oath and that is what I believe.
Mr MiTEER. I did tell you, Mrs. Sutera, about one adoptive couple
who told me about a case in which you had referred them to Dr Cole,
and that they had paid somewhere m the neighborhood ot $l,Ov)0^
I told you that, did I not? ,• i t j ^ n -f
Mrs Sutera. I do not believe y ouch d. I do not recall it.
Mr "Mitler. There is such a case. We do not want to mention the
name but I did have such an interview, and the couple told me that
von brouo-ht the bill to them and it did not state the figure but they
IZ ilZ^sLeL.. or in the neighborhood of $600, between $600 and
$1,000. ^ .
Mrs. Sutera. I do not believe that is true.
Mr Mitler. I have no further questions.
Chairman Kefauver. Thank you very much.
Mrs Sutera. I have something to say. May 1 please say it ?
Chairman Kefauver. Say anything that you mi to say.
Mrs Sutera. I was turned down by the Children s Home Society
because of two different religions and two i^fjo^alities m my home
I have proof and a photostatic copy that I could not get a child. May
I please read this, it is very important.
Chairman Kefauver. Proceed.
Mrs Sutera. It says that they are very sorry to report that they
feel that it would not be best for either me or their society to place a
child in my home.
Wp do not feel that we have a child who n\ ill fit the situation at your home
saJSac?o?ily we trust that you will understand, that we fully aPf^aat^ ^^?"^,
Sn-ness to take one of our homeless children into your home, and ^e vv.int
vou to ^Svv that our decision not to place a child with you now is not intended
in nnv wav ns a reference on vour home or your character.
ThanMng you fofoffering^to help us out and regretting that we cannot satis-
faetorilv iiiace a child with yon. 1 am.
f ery sincerely yours. I'mline Wilder.
202 JUVENILE DELINQUENCY
Chairman Kefauver, Wliat is the date of that letter ?
Mrs. SuTERA. That letter was written on the 13th day of January,
1042. Since then I have gone out on my own and secured myself six
children. I have taken them into my home before these children were
24 hours old. The children range from twins, 6 years of age, to 14.
Chairman Kefauver. What was the condition of your home that
you think made them feel that way about it ?
Mrs. Sutera. I know exactly what it was. I told them — the letter
did not explain anything, and I told them that. I asked them to
please come to the point. Tliey told me that they did not place any
children in homes vvith mixed religion and mixed nationality. I hap-
pen to be just Protestant, we will say. I am of Irish, English, and a
little Indian descent. My husband is Italian. Ee is a Roman
Catholic.
They refused to give us a child.
I find that in the majority of cases in this town they will not give
mixed religions a baby.
Chairman Kefauver. I understand that you have a very nice home
now. What was the date of that letter? Was it 1942?
]\Irs. Sutera. That is right. I owned my own home then, and I
have a letter and a picture of this home with me. I owned a lovely
home then. It was insufficient, as- the welfare people called it, and
they told me they would take the twins that I was trying to legally
adopt here if I did not secure a larger home. I secured this larger
home without their knowledge, and when we went into the circuit
court for these children, they told me that my home was insufficient.
I happen to have — I had at that time a former circuit court judge
that was my lawyer at the time, and he handled this whole problem
for me. He said, "Why, this home is big enough for a dozen children,
and if these folks want to, I will see that they get a dozen."
I said, "No, thank you. Six would be quite sufficient."
Here is a picture of my first home that the welfare people refused
to give me a child in. Would you care to see it ?
Chairman Kefauver. I can see it from here. It is very nice.
Mrs. Sutera. It is a lovely home.
Chairman Kefauver. Let us see a picture of your home now.
Mrs. Sutera. I do not — wait, maybe I do. I have a lot of things
here. I will tell you what. Senator, I do not have a picture of the
home right now, but I have pictures of my children. People say that
they have never heard of me or seen me before. Here it is on the front
page of the Miami Daily News.
Chairman Kefauver. Wliat is the date of that paper?
Mrs. Sutera. This paper is Tuesday evening, January 12, 1954.
I will show you other copies. Here is a picture of the six children.
That was taken when my twins were approximately IOV2 months old.
Here is a picture that was in a magazine showing the children.
On this one it says, "It's cheaper by the half dozen."
Here is a picture in another magazine with four adopted children,
and it says, "Suffer the little children to come unto me."
Chairman Kefauver. What does your husband do?
Mrs. Sutera. My husband is a milkman. He has been a milkman
for 25 or 27 years.
Chairman Kefauvt:r. Do you mean that he has a milk route ? He
has a route delivering milk ?
JUVENILE DELINQUENCY 203
Mrs. SuTERA. That is true.
Chairman Kefauver. You do not undertake to work yourself;
do you ?
Mrs. SuTERA. No, I do not. I have enough to do at home.
Chairman Kefauver. I would think so.
Mrs. SuTERA. In this paper you see what really got me started in
this line of work. It is dated the 29th day of August 1947. It says,
"Maybe the largest foster couple adopt fourth child, and they want
more." This is from the Miami Herald.
Chairman Kefauvtsr. Thank you very much. Is there anything
else that you want to say ?
Mrs. SuTERA. Well, I really believe that it has been the agency
who has turned the adoptive parents over to people like me to help
because the majority of these people have been to the agencies al-
ready and they have been turned down. Therefore, they have to turn
to the gray market, which I admit I am the gray market, but black
market — never.
Mr. MiTLER. It would be hard for the people to get children from
the agency when Dr. Cole has them all wrapped up ; is that right ?
Mrs. SuTERA. Well, I have a point to put there. I hear that she is
supposed to be the biggest abortionist in town. If she is the biggest
abortionist in town, how come she has the most babies?
Mr. MiTLER. They work together now, Mrs. Sutera.
Mrs. SuTERA. They do? She has the most babies and yet she is the
biggest abortionist? It just cannot be. Not only that, I have some-
thing here that I would like to play on a victrola. I know you can-
not play this. It is a record. It states that I was— this was when I
was on a radio program here in town. It says on the record that I have
six adopted children, which I admit, and then it says, or it asks, what
I think of mixed religions and whatnot. I said here that it is not
the religion and the nationality that counts; it is the environment
that counts.
Chairman Kefauver. Thank you very much, Mrs. Sutera.
Who is your next witness?
Mr. MrrLER. The next witnesses are going to testify from in back
of the screen. They will bs ready in just 1 second.
The reason. Senator, for that is once again to protect the identity
of some individuals whereby this might result in an unfortunate
situation if their personal identity was made known.
Chairman Kefauver. Shall we call them Mrs. and Miss B?
Mr. MiTLER. The mother will refer to herself as Mrs. Andrews and
the daughter as Miss Andrews.
(Whereupon, the witnesses were duly sworn.)
TESTIMONY OF MES. ''ANDREWS," MIAMI, FLA., AND MISS
"ANDREWS," MIAMI, FLA.
Chairman Kefauver. Proceed, Mr. Mitler.
Mr. MiTLER. I am going to address myself first to the daughter,
Miss Andrews.
Chairman Kefauver. I think that if they involve somebody here
in Miami, that you should give that person a real name so that he or
74718—56 14
204 JirV'ENILE DELINQUENCY
she can have an opportunity of making an explanation. If they in-
volve someone in Miami, I have to ask that the real names be given,
at least to the other person.
Mr. MiTLER. Senator, that will be done. I believe the other people
involved know their identity, but that certainly will be done.
Chairman IvEFArvER. Very well.
Mr. MiTLER. Miss Andrews, how old are you ?
Miss Andrews. I am 17 years of age.
Mr. MiTLER. Do \ ou live in Miami '(
Miss Andrews. Yes, sir; I do.
^Ir. MiTLER. We are going to mention the name of your mother.
She is the person who was involved in this situation; is that correct?
Miss Andrews. Yes, she is.
Mr. MiTLER. Her name is what ?
Miss Andrews. Mrs. Clarice Sharrer.
Mr. MiTLER. Spell the name.
Miss Andrews. C-1-a-r-i-c-e S-h-a-r-r-e-n.
Mr. MiTLER. How long ago was it that your mother passed away?
Miss Andrews. January 3, 1954. It will be 2 years next January.
Mr. MiTLER. At that time were you living at home with your mother
and your grandmotheinvestigator by the name of Miss Har-
riet Slaughter, a friend of Dr. Cole, come out there ?
Dr. Williams. I do not know anyone by that name.
INIr. MiTLER. In any event, there was no autopsy in this case?
Dr. Williams. Not to my knowledge.
IMr. MiTLER. Do you tliijik tliere was some indication of malprac-
tice in this case?
Dr. Williams. I could not say, sir.
Mr. MiTLER. Thank you. Doctor.
Chairman Kefauver. We will have an intermission now for about
6 or 7 minutes.
(Rscess taken.)
Chairman Kefaips'er. The subcommittee will come to order.
We appreciate the presence during all of our hearings of the judges
of the juvenile court of Dade County, our very distinguished and able
Judge Beckham. We are glad to have him with us.
I also saw Judge Hunt here a minute ago. We are glad to have
Admiral Mason, the mayor of Pensacola, who is very much interested
in problems of juvenile delinquency, and who will testify tomorrow.
Please comment and sit with us.
There has been some reference made to the Children's Home Society,
and we have with us Mr. Rav M. Earnest, who is president of the
Children's Home Society of Florida. Mr. Earnest is a very distin-
guished lawyer of Miami. I think we will give Mr. Earnest a chance
to say a few words at this time.
JUVENILE DELINQUENCY 211
( Wliereupon, the witness was sworn.)
TESTIMONY OF RAY M. EARNEST, PRESIDENT OF FLORIDA
CHILDREN'S HOME SOCIETY, MIAMI, FLA.
Mr. Earnest. Thank you, Senator, for this opportunity of appear-
ing and just making a few comments about this. I have not been
present at all the hearings, but I heard one of the ladies just now
talking about the Children's Home Society.
Chairman I\jefa"dver. That was ]\Irs. Sutera.
Mr. Earnest. I did not remember her name. I happened to be out
at the moment, but she stated in my presence, before I left, that none
of the agencies licensed in child-placing activities in this area would
place children and that was why it was necessary presumably for the
black market to flourish in this area. That was the general idea that
I got from her testimony.
Chairman Kefau\t:r. Mr. Earnest, more particularly she said she
had a letter from the society back in 1942 in which they said they did
not think her home was suitable and she did not like it so she went
out and got six children on her own.
Mr. Earnest. wSenator, I think maybe the letter speaks for itself.
Of course, I do not know what happened in 1942. I do know this, and
I want you to laiow this. Senator : We recognize that the black market
has prevailed in this area and in this State. Our agency is doing
everything in its power to blot out the black market agency in child
placing through individuals and people like this. We know that is
the type of placement that is not proper.
Chairman Kefaua^r. Excuse me for just a minute. I see now
Judge Cnlbreath. It has been very nice of you to attend our meetings.
If you will, please join us up here. We would be glad to have you.
Judge Cnlbreath is also a judge of tlie juvenile court of Dade
County.
Go ahead, Mr. Earnest. For how long have you been in that
capacity ?
Mr. Earnest. Senator, this is my first year as president, but I have
been treasurer of this organization for about 15 years. I am a vice
president of the State organization. We are a part of the State
organization of Children's Home Society of Florida. I am president
oflhe southeastern division. I have been very close to this agency. _
I can assure you that if this person was turned down in 1942, which
I have no knowledge of, there was a good reason because our paramount
issue in placing these children is to see that that child is placed in a
home that is suitable for the child. We are concerned about the child
more than anyone else, and if she was turned down at that time, there
was a good reason. I can assure you of that because we have a very
well trained staff in our organization here. Our personnel is well
trained, and I Imow we are trying to do a good job.
I want to counteract the statement that we would turn down any
woman from another State because we have our hands full in Florida.
It is true that we do have our hands full in Florida, but I will tell you
now that we would not turn down any woman coming from another
State in the United States who comes to us in need and is pregnant
and has to have some aid.
Just recently we have instituted a new program provided to blot
out the black market. In that program we furnish aid and assistance
212 JUVENILE DELINQUENCY
and room, whatever the need may be, to take care of that mother and
even to the extent of paying some of the medical expenses and the
hospital bills and even on a private basis if we have to. We would
like to do it in groups, but if they insist, we will take care of them on
a private basis.
I do not know how anyone could criticize an agency who is doing
all that. Our paramount concern is we place these children with the
foster parents after they have been carefuly checked by our pediatri-
cians and they are found to be healthy and qualified to be placed in a
home so that the adoptive parents then will have a child that they are
proud of, and if after the 9 months that they have stayed in that
home those children are found to be in good homes and the parents are
qualified, we then approve and give the consent for that child to be
adopted.
At that time it goes to the circuit court, where the circuit court ap-
proves the adoption or rejects it, as they see fit.
I do not know of a single case where the Children's Home Society
has approved the foster homes where they have been turned down. I
think we are trying to safeguard the children and the foster parents.
That is our main purpose.
Chairman Kefauver. Mr. Earnest, in these matters, the first thing,
of course, is the proper care of the mother during this time ?
Mr. Earnest. That is right.
Chairman Kefau^'ER. And the second thing is if the child is going
to be placed for adoption the examination of the home and of the
parents, the conditions of the home, considering the background of the
parents and of the natural mother and father, and that is to see whether
the child would fit into that situation and would have a chance of
having a happy and successful life. I think you are so right in saying
that these are matters that should not be left just to chance. They
require the study of people who are trained and who have no ulterior
motive. In the n;' Hon today there are many more requests for children
than there are children to fill the requests.
Mr. Earnest. That is right.
Chairman KEFAU^'ER. So that certainly every child ought to be
given the very best opportunity since there is a great demand. I
know in- my own case, as I said m the beginning, we have an adopted
son. It was great reassurance to us that they investigated our home,
and they came around several times. They would inquire of our
friends. They talked to the other children in the home. I think that is
what you are trying to do and that is what should be done.
Mr. Earnest. That is exactly right, Senator, and we try to safe-
guard it by a thorough investigation before it is placed. I would like
to say this to you : We try to place a child in the home of the exact
religious faith of the mother. If it is a Jewish child, we try to place
it in a Jewish home; Catholic, Catholic; Protestant, Protestant. We
believe that is right.
That is about all I want to say. Senator. I do appi-eciate the oppor-
tunity of being allowed to counteract this statement that has been
made against our agency, the statement that was made a few moments
ago.
Chairman KEFAU^^R. Thank you very much, ]\Ir. Earnest.
Mrs. Sutera. I would like to say something, please.
Chairman Kefauater. Go ahead.
juvb:nile delinquency
213
Mrs. SuTER A. I would like to be sworn in again.
Chairman Kefauver. You do not have to be sworn m again. 1 ou
have already been sworn. Come around and we will hear what else
you have to say. .^ , • •.
Mrs. SuTERA. I would like to know if the circuit court
Chairman KEEAmT^R. Sit down, please. . ., • ,
Mrs SuTERA. I would like to know if the circuit court did not think
that I was fit and suitable and my home was not satisfactory 'i If
it was not satisfactory, wliy did they approve the six adoptions tor
me? That is what I would like to know. t ^i • i
Chairman Kefauatsr. I will say to you, young hidy. that 1 think
vou certainly have done the best vou could do to give these children
a home, and you are to be admired for your interest m children.
Mrs SuTERA. I am very much interested. ,
Chairman Kefauver. The point is that a child who is going to be
placed for adoption deserves, I think, investigation and consideration
by trained people. They do not get that when it is just done by
chance. Many work out well, and I think from Avhat you say that you
are doino- the very best you can. I hope your children have the best
luck in the world. Hovv^ever, what we are concerned witli here is the
market, and that is not true in your case. The dollar mark should
not be the criteria. The home is the important factor.
Mrs SuTERA. I think it is environment that ought to count. 1 have
11 nationalities in those 6 children, and my husband is of a different
faith than me, and we have two religions in this-
Chairman KEFAxn-ER. I think we have heard your side ot the pic-
ture. I wish you well and I wish your children well.
Mrs. SuTERA. Thank you very much.
Chairman Kefau\'er. Who is our next witness ?
Mr. MiTLER. Dr. Katherine Cole.
Chairman Kefauver. Dr. Cole, I see that you are here with counsel.
Will counsel please give his name ?
]\rr. Rolfs. Mv nameis J. H. Rolfs,R-o-l-f-s. „ ,„ ,
Chairman KErAU\T5R. Wliat is your address, Mr. Kolts ?
Mr. Rolfs. 8530 Northwest iTth Avenue. .
Chairman Kefauver. You are an attorney at law m INIiami and you
are representing Mrs. Cole ?
Mr. Rolfs. That is right.
(Whereupon, the witness was duly s\\ orn.)
TESTIMONY OF DE. KATHEPJNE COLE, NATUEOPATH, MIAMI, FLA. ;
ACCOMPANIED BY COUNSEL, J. H. ROLFS, MIAMI, FLA.
Chairman Kefauver. Mr. Mitler, let us get to the matters that
have been discussed in connection with Mrs. Cole and see what she
has to say about them. j- ^^ ^ • .^ ^.\4A
Mr. Mitler. Dr. Cole, turning first to the matter of the V)irtli certih-
eate— do you know the matter to which I am referring ?
Dr. Cole. Yes, I do. ^ • i • i xi
Mr. Mitler. I show you these two certificates, m which the name
of the natural mother appears to be Mrs. Saunders.
Dr. Cole. I know all about those birth certificates.
Mr. Mitler. I am goin^ to ask you about them. Did you go to
the board of health and register these two children ?
214 JUVENILE DELINQXJENCY
Dr. Cole. I went to the board of health because she lost the original
certificates.
Mr. MiTLER. Did you register the two children ?
Dr. Cole. No. Because I refused to register the babies again
because my attorney asked me not to.
Mr. JNIiTLER. Your name appears on the certificate of birth.
Dr. Cole. It is a typewritten copy, isn't it ?
Mr. MiTLER. This is a photostat. Mrs. Henshaw has testified that
she saw you sign them.
Chairman KEFAinER. Let us have her see if that is her signature.
Pass them to her.
These are the photostats. We saw the originals here this after-
noon. Is that your signature, Dr. Cole ?
Dr. Cole. I am not sure. I would not say yes and I would not
say no.
Mr. MiTLER. But you told us that you remember all about this, Dr
Cole.
Dr. Cole. I do remember about it. I went on trial for that for
failure to file a birth certificate.
Mr. MiTLER. But the
Dr. Cole. Not for failure to file two birth certificates but failure
to file a birth certificate.
Mr. MiTLER. We are concerned about the one that you attempted
to hie. Mrs. Henshaw said you appeared, and she is the deputv
registrar of births of Dade County.
Dr. Cole. I do not remember about that.
Mr. MiTLER. I wish to have the opportunity to finish my question
I promise that I will let you finish yours.
Dr. Cole. Excuse me.
Mr MiTLER. She has testified that she saw you sign and there is a
signature there. Could you throw any more light on that point?
Dr. Cole. No, I cannot.
Mr. MiTLER. Do you say it is or it is not your signature?
Dr. Cole. I say I did not know, and I do not, honestly
Chairman Kefauver. Suppose you write your name on another
piece of paper and let us compare them. Write it in the middle of
that white piece of paper.
(Dr. Cole writes signature on slip of paper.)
/J
Chairman Kefauver. Let us see the other one. Of course, I am not
an expert, but, Dr. Cole, it looks exactly the same.
Dr. Cole. Maybe so.
Chairman Kefaitv^er. Please look at it and see.
Dr. Cole. I^told you that I did not remember, and I do not.
Chairman Kefau\^er. Just look at these two signatures and see if
you do not think they are identical.
Dr. Cole. I cannot write good.
Mr. Mitler. I wish to introduce exhibits 32 and 32a.
JUVENILE DELINQUENCY
215
Chairman Kefauver. We Avill have this marked as exhibit 32a,
Go ahead, Mr. Mitler.
Exhibit 32a
Contributor of
fingerprints
Name and number
Arrested or
received
Charge
Disposition
SO.Miami.Fla-
Do
Katherine Morris
Cole. No. 70249.
Katherine M. Ccle,
No. 72058.
Nov. 6,1943
July 20,1945
Manslaughter
Failure to file birth
certificate.
Mar. 27, 1943,convicted of mur-
der, 3d, 2 yeais, suspended
released on supersedeas
bond Jan. 15, 1946. Su-
preme court overruled
circuit com-t, subject re-
leased.
Mar. 7, 1946. Charge of
failure to file birth cer-
tificate nolle prossed.
I did not remember.
I cannot remember.
Mr. Mitler. You did go to the bureau of vital statistics in Dade
County to register these children, did you not ?
Dr. Cole. I went to see why they were insisting— why they were
not registered.
Mr. MrrLER. I cannot hear you too well.
Dr. Cole. I went to see whether they were registered or not.
Mr. xMiTLER. Is that not a little inconsistent with the document
that we have
Dr. Cole. No, it is not, because I told you
That has been 10 years ago.
Mr. Mitler. But nonetheless
Dr. Cole. It has been longer than 10 years.
Mr. Mitler. That was in 1944 ; is that right ?
Dr. Cole. I do not remember.
Mr. Mitler. We were trying to understand some of your practices.
Did you know a Mrs. George Saunders ?
Dr. Cole. Yes, I knew her.
Mr. Mitler. Did you know these two children ?
Dr. Cole. That is a long time ago.
Mr. Mitler. I understood you to say, at the outset, that you remem-
bered all about this case.
Dr. Cole. I went on trial for failure to file a birth certificate— a
birth certificate, not two birth certificates.
Mr. Mitler. Tell us what you remember about these two children.
Dr. Cole. I do not remember very much about them and what I
told you would be conflicted because, honestly, I did not
Mr. Mitler. Yousay it would be conflicting?
Dr. Cole. With anything else that you know. Therefore, it would
become argumentative, and I do not see any reason for it.
Mr. Mitler. Did you attempt to file a birth certificate for two un-
related children and pretend that they were twins?
Dr. Cole. No.
Mr. Mitler. Is there any way that you can refresh your memory^
Dr. Cole. Probably when I go home and see my books, yes. If I
did, I will tell you. ^ ^^ -, -, ^^
Mr. Mitler. Turning to the visit of Miss Jane Wood, do you recall
her visiting your place ?
Dr. Cole. Yes, I do.
216 JUVENILE DELESTQUENCY
Mr. MiTLER. By the way, do you know a Miss Harriet Slaughter ?
Dr. Cole. Yes.
Mr. M1T1.ER. Has Harriet Slaughter referred some cases to you of
unmarried mothers ?
Dr. Cole. Yes.
Mr. MiTLER. She runs a private detective agency ?
Dr. Cole. Yes.
Mr. MiTLER. She does some type of investigative work for you?
Dr. Cole. That is right.
Mr. MiTLER. You heard Miss Wood testify today; did you not?
Dr. Cole. Yes, I did.
Mr. MiTLER. Was her testimony a truthful account of what you
remember about the visit ?
Dr. Cole. What I remember about Miss Wood's visit to me is she
became very emotional about herself and wanting a baby.
Mr. MiTLER. I cannot hear you too well.
Dr. Cole. She became
Mr. MiTLER. Put the microphone up to you, Doctor.
Dr. Cole. She called herself Mrs. Frederick Zimmerman, and she
became very emotional about her inability to get a baby. Pardon me,
Mr. Mitler. I have had many people come into my office, and I can
recognize someone who is not a bona fide person who wants a baby.
Mr. Mitler. Did you throw her right out of your office ?
Dr. Cole. No, I did not.
Mr. Mitler. Why not ?
Dr. Cole. I did not.
Mr. Mitler. "Why not ?
Dr. Cole. I liked her in the first place. I liked her very much.
Mr. Mitler. If you thought she was not a bona fide person, you
still liked her?
Dr. Cole. I still did. Yes, I did. I talked to her, but I am not the
one who flung these big amounts of ixioney around. She was the one
who did that.
Mr. Mitler. Did you ask her for a deposit of $500 ?
Dr. Cole. No. She asked me would she have to make a deposit.
Mr. Mitler. Did you say yes or no? ^
Dr. Cole. I did not say yes or no.
Mr. Mftler. Did you expect her to come back that afternoon with
$500?
Dr. Cole. She told me she was coming back that afternoon.
Mr. Mitler. Your memory is at variance with what she said today?
Dr. Cole. Oh, ves. She wrote her name and address, where she was
staying here in Miami, on a slip of paper. She wrote the name and
address, her supposed residence in New York. I turned that slip of
paper over to the private investigator, the Dade County private in-
vestigators. I turned that slip of paper over to them to check her
and see who she was.
: Mr. Mitler. That is Miss Slaughter ; is it not ?
Dr. Cole. Yes.
Mr. Mitler. That is vour friend ; is it not ?
- Dr. Cole. That is risrht.
Mr. Mitler. Whv did you not report it to the police ?
Dr. Cole, And she found out who Miss Wood was, and that is how
T knew who she was. T knew.
JUVENILE DELLNQUENCY 217
Mr. MiTLEK. She is here today ?
Dr. Cole. I know she is. I still like her.
Mr. MiTLER. Dr. Cole, you thought she was a fraud when she came
in?
Dr. Cole. She was a fraud.
Mr. MiTLER. You thought so? , , /,• u-
Dr. Cole. I knew she was because I never had anybody tlmg big
amounts of money around like that before because most people who
€omein — I am not a wealthy person. t^ r^ t o
Mr. MiTLER. You drive what kind of a car, Dr. Cole i
Dr. Cole. I drive a Cadillac.
Mr. MiTLER. What kind, Dr. Cole '(
Dr. Cole. A 1952 Fleetwood. . . -, 9
Mr. MiTLER. How many of these cars are there m your family (
Dr. Cole. We all have cars.
Mr. MiTLER. What kind ? ^ -,^^0 /-. j-n •«
Dr. Cole. We have a 1950 Cadillac and we have a 1952 Cadillac in
niv fa mil V. , , , ? j
Mr. MiTLER. Did you tell Miss Wood that you had an unmarried
mother that was living in your home ?
Dr. Cole. Yes, I did. .
Mr. MiTLER. Did you give her the name of the girH
Dr. Cole. No, but I do not have an immarried mother living in
my home, as you very well know.
Mr. MiTLER. I do not know. I am sorry. , ^ , , xt. ^ ^i.
Dr Cole. Well, I told you I did not have, and I told you the truth.
Mr MiTLER. You told me that you refused to answer my questions.
Dr. Cole. I told you that I had no unwed mothers m my home, and
I do not have. , , , ^ . ,
Mr. MiTLER. Did you tell Miss Wood that you had an unmarried
mother either living in your home or an unmarried mother that you
were looking after, and did you give the name of a girl ? t ^ i ^
Dr. Cole. No, I did not give her the name of the girl, but i told
her I did have one. ^ i j •
Mr. MiTLER. Did you tell her you would have to support her during
the prenatal period?
Dr. Cole. I did. ^ . ^ „
Mr. MiTLER. That could be the basis for justifying payment of some
board bills ; is that right ?
Dr. Cole. It could be, but I did not accept anything from Miss
Wood, as you very well know.
Mr. MiTLER. What was the fictitious name of the mother you gave
to her ^
Dr Cole. She gave me the name of Mrs. Frederick Zimmennan.
Mr. I^IiTLER. I refer to the name of a girl that you were supposed to
be looking after. -r 1 -, 1 xi. . r.
Dr. Cole. I did not give her any name. I told her that she was a
young college girl. ^ ' ,^. ^_ ^
' Mr. MiTLER. I am sorry. I have been corrected. Miss Wood cor-
rected me. You did state that you had an unmarried mother?
Dr. Cole. I did. . t>. i-. i j: ^1, <.
Mr. MiTLER. I was in error, and I apologize, Dr. Cole, lor tnat.
Are you supporting any pregnant mothers at this time at all?
Dr. Cole. Yes, I am.
218 JTJVENILE DELrNTQUENCY
Mr. MiTLER. Have you in the last-
Chairman Kefauver. I will have to ask counsel to not whisper to
the witness. If you have any observations to make, Mr. Rolfs, address
the committee, please, sir.
Mr. Rolfs. Yes, sir.
Mr. MiTLER. Is it a fact that you did place a child with a couple in
Springfield, Mass., recently ?
Dr. Cole. No, I did not. I will tell you how that came about. That
was a very good friend of mine who had a baby. It was a Greek baby.
Mr. MiTLER. Was that Dr. Suarez ?
Dr. Cole. Yes. These people are friends of mine and they wanted
a Greek baby. I had no Greek baby. When I sent them a note and
told them that the prospects were that they could get a Greek baby,
they came down, and that baby was
Mr. MiTLER. Do you know that case now is in the hands of the
State's attorney, that there has been a letter from the State's attorney ?
Dr. Cole. I do not know anything about that. I do know the at-
torney that handled the case. I have known him practically all my
life. I have known of the people — I know their mothers and I know
friends of theirs and I know they are very fine people. I know that
the girl came from a very fine family.
Mr. MiTLER. But in that case you did work with Dr. Suarez ?
Dr. Cole. I worked with Dr. Suarez and I worked with the adoptive
parents to find a baby that would be pleasing the good for their home.
Mr. MiTLER. And the child did go to Springfield, Mass.?
Dr. Cole. It did. Incidentally, if I may say so, I make it a practice
never to show a baby for adoption until I have a pediatrician say
that it is a perfect baby. Incidentally, I would not put a baby into a
home that I would not put one of my own in. I would not offer a
baby to anyone for adoption that I would not take for myself if I
was looking for a baby to love for my own.
Mr. MiTLER. You heard Mrs. Sutera testify today, did you not ?
Dr. Cole. Yes, I did.
Mr. MiTLER. You have worked with her in placing a lot of children,
have you not?
Dr. Cole, Yes.
Mr. MiTLER. Is that correct ?
Dr. Cole. That is right.
Mr. MiTLER. And in some of these cases did you support the mother
during the prenatal period ?
Dr. Cole. In some of the cases, yes, and in some of them, no.
Mr. MiTLER. I am going to write the name on a piece of paper of
one case. Please do not mention the name.
Dr. Cole. I won't. I protect more unwed mothers than you do,
Mr. Mitler.
Mr. Mitler. Do you abort a few ? Do you perform abortions on a
few?
Dr. Cole. I do not.
Mr. Mitler. Did you abort Roze Burns ?
Dr. Cole. Whom?
Mr. Mitler. Do you remember when you were arrested for man-
slaughter as shown in exhibit 32a?
Dr. Cole. Her name was Doris Burr, and she came to me through a
woman whom I had delivered two babies for. She was a mother of
two children already.
JUVENILE DELINQUENCY 219
Chairman Kefauver. The question was whether you performed an
abortion on her.
Dr. Cole. She had been 10 days having labor pains.
Mr. MiTLER. Did you per form an abortion on her?
Dr. Cole. I did not.
Mr. Mitler. Were you arrested for manslaughter ?
Dr. Cole, I certainly was.
Mr. Mitler. Did she die ?
Dr. Cole. She did not die in my care. She died in the hospital.
Mr. Mitler. Did she die?
Dr. Cole. She did die.
Mr. Mitler. What happened with the child ?
Dr. Cole. The baby?
Mr. Mitler. Yes.
Dr. Cole. Well, I do not perform abortions on people who are ready
to deliver. That is a miscarriage. An abortion happens before 3
months. ,
Mr. Mitler. In any event, the mother died and you were arrested
for manslaughter?
Dr. Cole. I said I was, and that was an awful ordeal because 1 was
not guilty, and I was so found by the supreme court— not guilty.
Chairman Kefauver. Dr. Cole, is the handling of children your
principal business?
Dr. Cole. No. It is purely incidental. I have five children ot iny
own. Senator. I have 15 grandchildren and I have 4 great-grand-
children. ,
Chairman Kefauver. But these witnesses show that you have ap-
parently handled a great many.
Dr. Cole. I have, but I handled a great deal of other cases also.
Mr. Mitler. Have you ever performed an abortion ?
Dr. Cole. Pardon me?
Mr. Mitler. Have you ever performed an abortion ?
Dr. Cole. I am going to tell you something, Mr. Mitler
Mr. Mitler. I am asking you a very direct question.
Dr. Cole. No, I have not.
Mr. Mitler. Have you ever induced a miscarriage ?
Dr. Cole. No.
Mr. Mitler. You are certain about that ?
Dr. Cole. I am, absolutely.
Mr. Mitler. You heard Mrs. Sutera's testimony about your repu-
tation for that ?
Dr. Cole. I did.
Mr. Mitler. Do you know how that came about?
Dr. Cole. Through the Doris Burr case. t, • i
Mr. Mitler. Do you remember the case of Clarice Sharrer, the girl
that died ?
Dr. Cole. I do. That is quite recent. You see, that is not 10 years
old. , ^ ^T
Mr. Mitler. I know that. I understaxid that. By the way, you
had Miss Slaughter investigate that case for you ?
Dr. Cole. Yes.
Mr. Mitler. The same lady ?
74718—56 15
220 JUVENILE DELINQUENCY
Dr. Cole. That is right.
Mr. MiTLER. She runs a private detective agency ?
Dr. Cole. That is right.
Mr. MiTLER. She has ads in the newspapers ?
Dr. Cole. I believe she does. She insists that people need proof
for certain things. I believe that is the way her ad runs.
Mr. MiTLER. She has herself referred some unmarried mothers to
you?
Dr. Cole. Yes.
Mr. MiTLER. Is it true that you placed that girl's child out for adop-
tion, the girl who died, Clarice Sharrer ?
Dr. Cole. I did.
Mr. MiTLER. Be very careful not to mention where the child went.
Dr. Cole. I will not.
Mr. MiTLER. Is it a fact that you went to her home and took the
mother to your place at 5 a. m. and delivered her and returned her
to her home before 7 o'clock in the morning.
Dr. Cole. May I give you the reasons for that ?
Mr. MiTLER. No. You can do that afterward. First tell me whether
that is true.
Dr. Cole. May I give you the reasons before I say yes or no so that
you will understand ? May I do that ?
Chairman Kefauver. The question is whether you took her and
returned her before 7 ? If you say you did, you can give the reason.
Dr. Cole. Yes, I did.
Chairman Kefauver. All right, give the reason. Give any reason
that you want.
Dr. Cole. I had seen Clarice Sharrer twice before the morning that
she called me. I had seen her 5 months before, and I had seen her
about 2 weeks prior to the morning that she called me. She had given
me no chance to find out what her physical condition was. She had
either 3 or 4 children, and she assured me that she never had any dif-
ficulty in her deliveries.
When she called or had her little daughter call that morning, I did
not even recognize the name that she gave me over the phone because
I did not know her as Clarice Sharrer. She identified herself with
her true name, and I told the little girl, I said, "I am very sorry. I
have no patient by that name. Therefore, you have the wrong doctor.
Suppose you call iDack after you consult with your mother."
She did call back within about 5 minutes and told me that her
mother said I was the right one and she gave me the name that I had
on my book. She said, "Mother said to please come right away," and
I did go.
When I got there, she was waiting for me. She was waiting for
me, and she came and got in the car. She said, "Let us drive to where
we can talk."
Well, she was in labor then. Naturally, I could see that she was
in labor. I was taking her down to the clinic where we delivered
the baby. As my place comes to the Trail — my place is 4765 — it was
4725 at that time
Mr. MiTLER. Please highlight it a little bit. Dr. Cole.
Dr. Cole. We arrived at my place. I said, "I think we had better
stop here because you are not going to last until we get down there."
JUVENILE DELINQUENCY 221
That baby was born 5 minutes after I got her in my office, and it took
place on an examination table.
Mr. MiTLER. Then, naturally, a woman should rest up for a period;
is that correct ?
Dr. Cole. She surely should.
Mr. MiTLER. Did you have her rest up for a considerable length of
time ?
Dr. Cole. That was around 4 :30 or 5 o'clock, as I remember. She
sat there until shortly — around until 7 o'clock. She had coffee and
toast, and she smoked a cigarette. She said she felt wonderful and
then she said, "Dr. Cole, you do not need to worry about me because I
never have had any trouble."
Mr. MiTLER. What do you think about the medical advisability of
her going back home so fast ?
Dr. Cole. It was not good, but she told me that if I did not take her
back she would call a taxi and go home in a taxi.
Mr. MiTLER. Was she hemorrhaging ?
Dr. Cole. No, not when she left my office, she was not.
Mr. MiTLER. In any event, she went back ?
Dr. Cole. I took the precaution of giving her a double shot of
vitamin K before she left my office just in case.
Mr. MiTLER. In any event, after she went back home did you find
out that she was hemorrhaging again that day ?
Dr. Cole. One of the girls went by to see her
Mr. MiTLER. Please answer my question and then go into any ex-
planation.
Dr. Cole. Yes.
Mr. MiTLER. As soon as you saw her hemorrhaging and you knew
she had delivered, I am sure right away you wanted to take her to a
hospital so she could have the best care ; is that correct ?
Dr. Cole. That is correct.
Mr. MiTLER. Did you do that, Doctor ?
Dr. Cole. I tried to make her go, and she refused.
Mr. MiTLER. Did you call an ambulance ?
Dr. Cole. I did not call an ambulance. She said she would not
go in it if I did call an ambulance. She said, "My mother does not
know anything, my daughter does not know about anything. Nobody
knows about it and I refuse to go."
Mr. MiTLER. Did she appear to be bleeding to death to you ?
Dr. Cole. Well, it was not nice.
Mr. MiTLER. Not only not nice, but she was bleeding to death; is
that correct ?
Dr. Cole. Not at that moment, no.
Mr. MiTLER. As a matter of fact, in an emergency do you not take a
firm stand to save a human life ?
Dr. Cole. Certainly.
Mr. MiTLER. Why did you not do that in this case ?
Dr. Cole. That is what got her so excited. She just insisted that
she was not going. I said, "Now, listen, you wait just a few mo-
ments and we will see." I called my friend. Dr. Suarez, and we
Mr. M1T1.ER. That is the same Dr. Suarez who helped with the
Springfield, Mass., placement?
222 JUVENILE DELINQUENCY
Dr. Cole. Yes. I tried to call two others, but it was Sunday after-
noon and it is very hard to find a doctor on Sunday afternoon— it
really is.
Mr. MiTLER. It is not hard to find a hospital, is it ?
Dr. Cole. No, it is not.
Chairman Kefau\'er. This little girl wanted to take her mother
to a hospital 5 miles away, to the Jackson County Hospital.
Dr. Cole. Jackson is a city hospital. Senator.
Chairman Kefauver. You insisted on taking her 15 miles away
to some other hospital ?
Dr. Cole. No. I am sure if you would understand this situa-
tion — I was not there when the ambulance was called. I had gone
home.
Mr. Mitler. Did you direct the ambulance to go to the LeJeune
Hospital instead of Jackson ?
Dr. Cole. I did not know I was directing it to go there instead of
Jackson. They asked me where I wanted to take her. I told her the
LeJeune Road Hospital, unless she wanted to go Jackson Memorial.
Mr. Mitler. The driver, as I understand it
Dr. Cole. He asked me
Mr. Mitler. Pardon me. I understand that the first instruction
was to go to Jackson Memorial, and that you then said to go
to LeJeune.
Dr. Cole. I do not know anything about that because I was not pres-
ent, and I would have been very happy to have gone there.
Chairman Kefauver. I thought you went to the hospital with the
lady?
Dr. Cole. I was not there when that happened.
Chairman Kefauver. I thought you went in the hospital. I thought
you went from the home to the hospital with the lady ?
Dr. Cole. I did go in the hospital with her, but I was in my own
car. I was not there wdien
Mr. Mitler. To pinpoint it, we are asking who told the ambulance
driver where to go?
Dr. Cole. He asked me where I wanted her taken.
Mr, Mitler. What did you say after he uttered that question?
Dr. Cole. I said, "Well, if I'm not"
Mr. Mitler. It is simple, Mrs. Cole.
Dr. Cole. I said, 'Tf I am to take care of her, she will have to
go to the LeJeune Road Hospital."
Mr. Mitler. In an emergency would you send somebody to Jack-
son Memorial, your own county hospital ?
Dr. Cole. I certainly would.
Mr. Mitler. This girl was dying?
Dr. Cole. She had
Mr. Mitler. She was bleeding to death ?
Dr. Cole. She would get just as good care as in Jackson Memorial.
Mr. Mitler. As in Jackson Memorial ?
Dr. Cole. Yes.
Mr. ISIiTLER. What kind of a hospital is LeJeune? Do they have
medical doctors there?
Dr. Cole. Yes.
Mr. IMiTLER. Do they have naturopaths there ?
JUVENILE DELINQUENCY 223
Dr. Cole. Naturopaths, osteopaths. It is a general hospital.
Mr. MiTLER. But it is a lot farther from the lionie than Jackson
Memorial ?
Dr. Cole. I think in point of time it is around 3 or 4 miles further.
It is not 15 miles. I know the little girl made a mistake on that.
Mr. MiTLER, In any event, the mother died in this case ?
Dr. Cole. Yes.
Mr. MiTLER. Miss Slaughter came out to investigate ? Your friend,
Miss Slaughter, she came out to investigate? She is from the private
detective agency. Am I right or wrong about ?
Mr. Cole. Yes.
Chairman Kefauver. I do not understand. This lady seems to
work for you and she seems to make your investigations to see whether
there is manslaughter. Why does not the district attorney or some
police people make the investigation ? Did you tell her to go out and
see this and make a report on this case ?
Dr. Cole. No.
Chairman Kefaua^er. How did she happen to go there?
Dr. Cole. I will tell you what was the matter. Dr. Williams felt
that the girl had gotten a baby. He wanted to say she had not had a
baby, that she had had a miscarriage or an abortion. That was his idea.
Chairman Kefatjver. In any event, the woman died and an investi-
gation was being made and you sent your own detective out to investi-
gate and make a report instead of reporting it to the police, where a real
investigation coulcl be made to determine whether there had been man-
slaughter ?
Dr. Cole. That was made, too.
Mr. MiTLER. Were you the person that brought the police in or was
it somebody else ?
Dr. Cole. It was Dr. Williams.
Mr. MiTLER. Why did you not call the police ?
Dr. Cole. He had already done it, so why should I ?
Mr. MiTLER. You did not call your own private detective?
Dr. Cole. I did.
Mr. MiTLER. There was a detective that was assigned and that was
the end of the matter ?
Dr. Cole. No. As a point of fact, it was not. It does not seem to
be the end.
Mr. MiTLER. There was no autopsy performed ?
Dr. Cole. I do not know.
Chairman Kefauver. Let us go on to something else.
Mr. MiTLER. That child was placed out; is that right?
Dr. Cole. Yes.
Chairman Kefauver. How much did you get in payment from
the adoptive parents for placing that child ?
Dr. Cole. Pardon me ?
Chairman Kefauver. How much did you get from the adoptive
parents, the foster parents, for placing that child?
Dr. Cole. I think it was $450.
Chairman Kefauver. What did you do with the $450?
Dr. Cole. Well, there was a hospital bill to be paid.
Chairman Kefauver. Wliat hospital bill ? She was there in your
office for 3 hours and she went to the hospital for 2 hours.
224 JUVENILE DELINQUENCY
Dr. Cole. I had a bill from Dr. Williams for over $68, and there
were other expenses connected with it also.
Chairman Kefauver. What were the other expenses?
Dr. Cole. I have an itemized account of it, but I could not just
offhand tell you what they are.
Chairman Kefauver. How much was your fee ?
Dr. Cole. I never get more than $150 for a delivery.
Chairman Kefauver. And you charged that in this case ?
Dr. Cole. Yes, I did, but I did not receive all of it. It was not
that I would not have received it had I asked, but that was all of the
expenses added up.
Chairman Ivefauver. Wlio signed the consent to give the child
away ?
Dr. Cole. The child's grandmother.
Chairman Kefauver. The grandmother signed it ?
Dr. Cole. Yes.
Chairman Kefauver. She said she did not.
Dr. Cole. She did, though.
Chairman Kefauver. Did you take it over to her?
Dr. Cole. No.
Chairman Kefauver. IVliodid?
Dr. Cole. Miss Slaughter and my attorney.
Chairman KEFAU^^:R. Miss Slaughter?
Dr. Cole. Yes, and my attorney.
Chairman Kefaus^r. Do you mean Mr. Eolf s ?
Dr. Cole. No.
Chairman Kefauver. Wlio is the attorney that acts for you usually ?
Who is your attorney ?
Dr. Cole. Henry L. Balaban.
Chairman Kefauat:r. Henry who ?
Dr. Cole. Henry L. Balaban.
Chairman Kefauver. Did Mr. Rolfs represent you?
Dr. Cole. Occasionally, yes. Mr. Rolfs is a good personal friend of
mine.
Chairman Kefauver. Mr. Rol f s is ?
Dr. Cole. Yes.
Mr. MiTLER. Did you have a baby who died in stillbirth around
July 8, 1955?
Dr. Cole. Yes.
Mr. Mitler. I cannot hear you.
Dr. Cole. I did.
Mr. Mitler. Do you have a fair number of these deaths, Dr. Cole?
Dr. Cole. I would not say I have a fair number of them. I have
delivered in my entire practice about 5 or 6 stillborn babies.
Mr. Mitler. And in that case that child was going to be placed
for adoption ?
Dr. Cole. Yes.
? Chairman Kefauver. Is there anything else ?
Mr. M1T1.ER. Do you Imow that in the manslaughter trial that the
girl who died stated that you performed an abortion upon her?
Dr. Cole. No. She could not have. She could not have.
Mr. IMiTLER. There was a dying declaration made to her friend,
Elizabeth Shaw, stating that you had performed an abortion on her.
Dr. Cole. She could not have.
JUVENILE DELINQUENCY 225
Mr. MiTLER. I did not say she-
Chairman Kefauver. She made a dying declaration before she died
to her friend that you had performed an abortion. Do you remember
that?
Mr. EoLFs. Excuse me, Senator. I believe, to make the record
read correctly, that was never proved to be a dying declaration.
Chairman Kefauver. I just asked if that was the case. They seem
to have the record here. I do not laiow what is in it.
Mr. MiTLER. This is what it says :
Question. Tell us what she said after that conversation.
Answer. She told me she had an abortion produced. I asked her who
did it. She said Dr. Katherine Cole had produced the abortion on her.
That was the answer of Mrs. Elizabeth Shaw. Do you remember
that statement being made at the trial ?
Dr. Cole. That, too, has been a long time ago. I will also tell you
one thing
Mr. MiTLER. Never mind. Thank you very much.
Dr. Cole. Can I say one other thing ?
Chairman Kefauver. You sure can. Go ahead.
Dr. Cole. If that had been a dying declaration where she said that
I was performing or had performed an abortion on her, do you suppose
that I would have been found not guilty of that? I was found not
guilty. Why should I be prosecuted or persecuted all of these years
because of somebody that just happened to come to me. When she
came to me, Senator, she was bleeding and having terrible pains. As
far as I am concerned, I had nothing to do with beginning that.
Mr. MiTLER. Tell me something. Dr. Cole. In the Clarice Sharrer
case, had the grandmother been appointed guardian of the baby ?
Dr. Cole. I do not know. I really do not.
Mr. MiTLER. You know that it would have been necessary for the
grandmother to have been appointed guardian first before she could
have given her consent ?
Dr. Cole. The way I remember that, after the death I went and
told Mrs. Andrews — you called her Mrs. Andrews — did you not?
Mr. MiTLER. Yes, Dr. Cole.
Dr. Cole. I went and told her about it. She said, "Well, Dr. Cole,
will you take me home ? "
I said, "Yes, I will." My husband and I took her home. "VAHiile
we were in the car going home, I said to her, "I have something
that I must tell you about your daughter. She had a baby."
Mrs. Andrews said these very words, "Oh, my God. Wliat will I
do with another baby?" She asked me then if I could handle it, if
I could take care of it and see that it got a good home, and I said,
"Yes, I can, but only through you signing the papers," and she did
sign them.
Mr. MiTLER. Tell me, about how many children do you think you
have placed for adoption, Dr. Cole ?
Dr. Cole. Within the last 5 years, as far as I can get it, there have
been 32.
Mr. MiTLER. Some of them have been outside of the State of Flor-
ida?
Dr. Cole. Not that I know of.
226 JTJVENILE DELINQUENCY
Mr. MiTLER. But you did state that you did make placements out-
side of the State because you said there was one placement in Spring-
field, Mass.
Dr. Cole. That was not one of my babies that I signed a birth cer-
tificate for. I did have something to do with that because they were
friends of mine.
Mr. MiTLER. I have no further questions.
Chairman Kefaitver. Counsel, do you want to ask your client any
questions ?
Mr. Rolfs. If I may.
Chairman Kefauver. Proceed.
Mr. Rolfs. Doctor, in the course of your lifetime of practice how
many children would you say you have delivered ?
Dr. Cole. They did not ask me to find that out, Mr. Rolfs, but it
is around from 2,000 to 4,000.
Mr. Rolfs. From 2,000 to 4,000 ?
Dr. Cole. Yes.
Mr. Rolfs. And you say out of that there was something like five
stillborn ?
Dr. Cole. Just about. There might be one less or one more, but
there have been ver}' few.
Mr. Rolfs. How many years have you been practicing, Doctor?
Dr. Cole. I took the state board in 1927.
Mr. Rolfs. Just giving us a rough figure, how many patients
would you say you see per year ?
Dr. Cole. Well, when I answer that I cannot say that they are all
maternity cases, but I would say I have about a thousand people in
my office, about a thousand patients a year.
Mr. Rolfs. That is all.
Chairman Kefauver. Thank you. Would you please stay around
this afternoon? Something else might come up where we would
want to ask you some questions. Dr. Cole.
Dr. Cole. Senator Kefauver, I have a young woman that is going
in labor quite soon. If you could possibly excuse me, I would appre-
ciate it. I have been down here all day long.
Chairman Kefauver. Of course, we do not want to interfere with
anybody who needs attention.
Dr. Cole. She is depending on me.
Chairman Kefauver. Maybe your attorney can stay here. I guess
that is all right.
Dr. Cole. Thank you.
Chairman Kefauver. We will have just about a two minute recess.
It will have to be brief.
(Recess taken.)
Chairman Kefauv'er. The hearing will come back to order.
Has Dr. Cole gone ?
Mr. Rolfs. She just departed. Maj^be it is possible to catch her.
Chairman Kefauv^er. Mr. Rolfs, will you come around here for a
minute, please ? I want to give you a name so that you can give it to
Dr. Cole later on and I want her to file an affidavit or come back and
testify in connection with it since Dr. Cole has already testified that
she did not have anything to do with the abortion business. The lady
has volunteered as a witness. I have given you her name, or the same
JUVENILE DELINQUENCY 227
name that she gave Dr. Cole. She is here to testify in connection
witli it.
Where is the lady, Mr. Mitler ?
Mr. Mitler. To protect her identity, she is behind the enclosure,
Senator, and brought here by Detective McClure of the homicide
bureau, who is assisting us. Detective McClure knows her identity
and brought her down here just now. I suggest. Senator, that we use
the name of Mrs. Wilson.
Chairman Kefauver. Very well. You can give this name to Dr.
Cole. If she wants to file any statement about it or affidavit, slie may.
Or else, she may come back and testify.
(Whereupon, the witness was duly sworn. )
TESTIMONY OF MES. "WILSON," MIAMI, FLA.
Chairman Kefauver. Just hit the high points.
Mr. Mitler. Mrs. Wilson, you were brought down here by Detective
McClure ; is that right ?
Mrs. Wilson. Yes, sir.
Mr. Mitler. About 4 or 5 years ago did you go to Dr. Cole's office ?
Mrs. Wilson. Yes, sir, I did.
Mr. Mitler. Were you pregnant at that time ?
Mrs. Wilson. Yes, I was.
Mr. Mitler. Did you want her to terminate your pregnancy ?
Mrs. Wilson. No, I did not.
Mr. Mitler. What did she suggest ?
Mrs. Wilson. She suggested a few shots that might bring on a mis-
carriage.
Mr. Mitler. In other words, she wanted to induce a miscarriage ?
Mrs. Wilson. Yes.
Mr. INIiTLER. What did you say to that suggestion ?
Mrs. Wilson. I said that I would be afraid to do anything like
that. I did not want to have any shots like that.
Mr. Mitler. What happened in that case ?
Mrs. Wilson. Well, I went to another doctor and I moved to Ohio
after that.
Mr. Mitler. Did you have second dealings with her several months
ago when you went to her and you were pregnant again ?
Mrs. Wilson. Yes, I did.
Mr. Mitler. On this occasion was an arrangement made whereby
she would place out your child for adoption ?
Mrs. Wilson. She said she would try to do so ; that she would give
me all the medication I needed, the vitamins and everything, and she
would try to place my child for adoption and find someone to take care
of my expense for the last 2 months of my pregnancy and about 1
month afterward.
Mr. Mitler. Why did you leave or why did you not remain with her
in that program ?
Mrs. Wilson. I just had a feeling myself that it was not the right
way to go about things, and then two friends of mine, one who was an
attorney, another who was a good friend of mine, suggested that I go
to the proper medical doctors at Jackson Memorial.
Mr. Mitler. In other words, did you become suspicious and then
did you go to the welfare authorities ?
228 JUVENILE DELINQUENCY
Mrs. Wilson. Well, yes, I did. I went to them because I needed
financial assistance. I was no longer able to work, and I went to them
for financial assistance. They sent me to the Children's Health
Society, or something, and they told me that was the proper way to
go about having a child adopted.
Mr. MiTLER. Are they giving you service and help right now ?
Mrs. Wilson. Yes, sir. Tliey are paying my expenses.
Mr. MiTLER. I have no further questions.
Chairman Kefau\ter. Did Dr. Cole say that for a sum of money she
would produce an abortion ?
Mrs. Wilson. I beg your pardon ?
Mr. INIiTLER. Did Dr. Cole tell you how much she would charge you
for inducing or performing an abortion ?
Mrs. Wilson. About 5 years ago she said if I could get $250 she
would give me an abortion.
Chairman Kefauver. That was on another case?
Mrs. Wilson. Yes, sir. That was a long time ago.
Mr. M1TI.ER. And you refused to go through with that ?
Mrs. Wilson. Well, I went out to my sisters in Ohio.
Mr. MiTLER. Thank you very much.
Chairman Kefaua-fr. Who is our next witness?
Mr. MiTLER. Dr. Suarez.
(Whereupon, the witness was duly sworn.)
TESTIMONY OF DR. EDUAEDO SUAREZ, NATUROPATH, MIAMI, FLA.;
ACCOMPANIED BY COUNSEL, J. H. ROLFS, MIAMI, FLA.
Chairman Kefauver. Dr. Suarez has been here and he has heard
some of the testimonv about matters in whicli he has been involved.
Do you want to tell us about it, Doctor? Have you been here all
day? ?
Dr. Suarez. Yes, I have.
Chairman Kefal'ver. Do you want to make any explanation or
any statement of your own which might save counsel from asking
you about specific matters?
Dr. Suarez. Well, I could start from the beginning. I am a legal-
ly licensed physician of the State of Florida. I practice medicine
with drugs, narcotics. I have a clinic of 21 rooms, which is fully
equipped as well as any small hospital would be. I have been prac-
ticing there for 7 years. Of course, I started with a smaller one at
first, but there was a huge volume of people, and we handle all types,
regardless of whether they are men, women or children.
I do quite a bit of obstetrics. It is not actually quite a bit, but I
do it to fill in. I like it very much. Through these 7 years I have
accumulated about eight or nine thousand patients, who have come
in — as I said, men. women and children
Chairman Kefauver. Doctor, the main thing that we want to ask
you about
Dr. Suarez. I am coming to that. Senator.
Chairman Kefauver. I do not want to hurry you, but we have a
lot of other witnesses, and we want to get through this afternoon with
this part of the hearing.
Dr. Suarez. I have, during my whole practice, accumulated so
many patients. Yet, I have given out for adoption about 4 or 5 chil-
JUVENILE DELINQUENCY 229
dren throughout the seven years that I have been there. I have
charged the people from $400 to $600 for prenatal delivery, which we
have a complete delivery room for. We have an air-conditioned nur-
sery for the children. We have beds there. We have physiotherapy
and we have other types of therapy. We have four rooms for that
in itself.
We handle anything from a splinter or a cut or bruise to a broken
arm, and we handle anything that comes in, regardless of what it is.
Chairman Kefauver. How do you get the names of people with
whom you actually place children ?
Dr. SuAREZ. They come in. Can I tell you about that ?
Chairman IvEFAuvER. Yes.
Dr. SuAitEZ. Being that I do obstetrics — as I said, there have been
only about 4 or 5 throughout my whole life there, which I felt that
was a normal thing, and that I believe I was called in before Judge
Crawford on one of my first cases. At that time I asked Judge Craw-
ford was this all right the way I was doing it. He had no comment
whatsoever. He said there was no law covering it and he saw no
reason absolutely for doing so. I told him, "Well, if there is, I want
to make sure that I do not get into situations like this. It is not
worth it."
Chairman Kefauver. Do you mean that you charged the adoptive
parents this fee of from $400 to $600 ?
Dr. Suarez. Yes. They pay for all the medical and anesthesia, the
surgical room, inspecting, transfusions, glucose, X-rays, medication,
whatever it may be, which is a legal charge, and I charge that to the
people.
Mr. MiTLER. Did you tell Miss Wood on her visit that you charged
a certain limited amount but actually she had to pay a great deal more ?
Dr. SuAREz. No, I did not.
Mr. MiTLER. Did you hear her testify ?
Dr. SuAREZ. I heard her testify.
Mr. MiTLER. She did not testify truthfully to that point, Doctor?
Dr. SuAREz. No. She misconstrued. I explained to her that the
upkeep of a woman by the law was $150, while she was carrying the
child and
Mr. MiTLER. Did you tell her or did you state to her that the welfare
people had permitted you a certain sum of money which you could
charge, and that actually the amount would be a great deal more and
she would have to pass that on to you ?
Dr. Suarez. No.
Mr. MiTLER. Did you hear her testify to that effect ?
Dr. Suarez. I heard her testify. I explained to her that there are
two different phases of it. One is — she put it flatly. She said,
"I don't care how much money it would take."
I said, "We are not interested. We want to do things legally, the
way they are supposed to be done."
She wanted to know exactly how much.
Chairman Kefauver. Go ahead, sir.
Dr. Suarez. She wanted to loiow exactly how much the whole thing
would cost her and she wanted me to itemize the bill for her. I said,
"The most it can cost is $600 for the clinic — myself, all the expenses —
$150 for the girl." I told her that I do not know anything about the
230 JTJVENILE DELINQUENCY
lawyers, which they have to get their own. I never used a particular
lawyer. They have to get their own lawyer and I let them do things
the way it is supposed to be done. They would charge about $200 or
two hundred-and-some-odd dollars. I explained this to -Miss Wood.
I would not want to tell them it is going to cost $1,000, or anything
like that, because I am not interested. I always like to make sure that
the item is low — what I am charging them for, which would be $400
to $600.
Mr. MiTLER. In other words, she apparently misunderstood you ?
Dr. SuAREZ. I am pretty sure she did.
Chairman Kefauver. As I understand it, you got $600 and you
got $150 for the taking care of the expenses of the expectant mother?
Dr. SuAREz. That is the housing. In other words, the girl has to
stay somewhere, and I could not provide for anything like that. As I
said, I have had 4 or 5 — I am not positive whether it is 4 or 5 — that I
have had out. Out of those, only one of them was that amount of
money because the girl needed a lot of care, but in the majority of cases,
it is either $300 or $400.
Chairman Kefauv^er. Do you make any investigation of these homes
in which you place children ?
Dr. Suarez. We have the welfare board here which is, believe me,
very thorough. They are very hard-working women, and thejr do not
miss anything. They investigate the parents to the full capacity.
Chairman Kefauver. Before you ever let a child go to the home?
Dr. Suarez. That is right.
Chairman Kefauver. Did you have an investigation made of the one
that you placed in Springfield, Mass. ?
Dr. Suarez. The one in Springfield was — I don't have to myself
investigate anything in particular. The welfare board takes care of
that, the one in Massachusetts. They heard that I had a Greek child
from an unwed mother. These people that live here in Miami had
their son living up in Massachusetts, either their son or a relative.
I do not remember which it was. They heard through conversation
that I had a Greek girl, which is not in great demand. They immedi-
ately said to her to please have these people that wanted a baby so bad
to adopt him. That is the reason why I did it. Otherwise, I would
never have thought whether it was here or New York or wherever it
had been.
Chairman Kefauver. Did you ever see the couple that was going
to take the child ?
Dr. Suarez. Yes. They were very nice looking Greeks.
Chairman Kefauver. Did they come down here ?
Dr. Suarez. Yes.
Chairman Kefauver. Did they come down here at the time they got
the child?
Dr. Suarez. That is correct.
Chairman Kefauver. But the arrangements had already been made ?
Dr. Suarez. The arrangements had already been made in what
way ?
Chairman Kefauver. I mean, they came down here for the specific
purpose of getting the child ?
Dr. Suarez. They came over first to talk and introduce themselves,
and then when the child came we again contacted them. They flew
down. Of course, they went to not 1 pediatrician, but they went to
JUVENILE DELINQUENCY 231
3 or 4, and they wanted to make sure that it was, of course, a Greek
and it was Orthodox so that it would fit into their way of life.
Mr. MiTLER. Dr. Suarez, if you understand that when a place-
ment is made, private or independent of an agency, the investigation
is made after the child has been received into the home, sometimes a
year or two later — do you follow me ? In other words, you place the
child. Let us say, for example, that the child is going back to Massa-
chusetts. It has already been in the home for some period of time.
Do you understand that that is the time when the investigation is
made?
Dr. Suarez. No. I did not know that. We had a hearing
Chairman Kefauver. No investigation would ever be made unless
they filed adoption papers, would it? You did not investigate the
home in Massachusetts, did you ?
Dr. Suarez. No, I did not.
Chairman Kefauver. Who did?
Dr. Suarez. Well
Chairman Kefauv^er. As a matter of fact. Doctor, you know, do you
not, that the investigation is just going on now? The State's at-
torney's office here has a letter about it. Do you know about that ?
Dr. Suarez. No, I do not Imow. I went to court — no, I did not.
That was the other girl that I
Mr. MiTLER. You had a case with Mrs. Sutera also. Do you remem-
ber her testifying about it ?
Dr. Suarez. That is the one that we went to Judge Crawford about.
Mr. MiTLER. You also went out on the Clarice Sharrer case when
Clarice passed away, did you not? Just tell me first whether that is
correct or not.
Dr. Suarez. Yes.
Mr. MiTLER. Did you recommend that Clarice go to a hospital ?
Dr. Suarez. I did. I was called in on the case. I questioned how
much bleeding had been going on to the mother and to the rest of
them. They evidently did not know what the poor girl had been
going through. I asked how much bleeding there was. They said —
they just did not know too much about it. I in turn administered
certain things to make sure of the contractions of the muscles. I
gave her not 1,000 but 2,000 cubic centimeters of glucose intravenously.
Before I left the girl she was feeling very much better. I told the girl
that she should go to a hospital. She said, "Well, how can I?"
Mr. MiTLER. Would that have been better? Could it have saved
her life, Doctor ?
Dr. Suarez. Possibly.
Mr. MiTLER. Why did you not get it ?
Dr. Suarez. Paixlon ?
Mr. MiTLER. Why did you not insist on doing that ?
Dr. Suarez. I was called briefly on the case, Mr. Mitler. I only
administered what I thought at the time, and whatever other arrange-
ments they could possibly make they could make them. The LeJeune
Hospital is a very good' hosiptal. 'it has all the facilities that any
large hospitals could possibly have.
Mr. MiTLER. Does it have a blood bank ?
Dr. Suarez. No hospital has a blood bank. We have our own blood
bank which is individual of any hospital. No hospital has a blood
bank in itself.
232 JUVENILE DELINQUENCY
Chairman Kefattv^er. Is there anything else that you want to ask
Dr. Suarez about ?
Mr. MiTLER. I have just this one question. Do you reinember Miss
Wood testifying that you asked for $650 for the girl, $150 for delivery
fee and that she would tell the welfare people that you got practically
nothing ? Those were instructions. Do you remember her testimony ?
Dr. kSuarez. I can explain that
Mr. MiTLER. Do you remember her testimony ?
Dr. SuAREZ. I remember her testimony.
Mr. MiTLER. And she was in error ?
Dr. SuAREZ. That is not correct.
Mr. MiTLER. Thank you, Doctor.
Chairman Kefauver. Do you want to ask any questions, counsel?
Mr. Rolfs. Yes.
Chairman Kefauv'er. Proceed.
Mr. Rolfs. Doctor, in your practice, how many adoptions have
you had ?
Dr. SuAREz. Through the course of 7 years, as I have already stated,
about 4 or 5. I would not swear to either 4 or 5.
Mr. Rolfs. Senator, at this time for the purpose of clarifying our
procedure, down here, I would like to point out to you that in the case
of an adoption where it is not through a licensed agency, normally the
procedure is simply this : The attorney, on the day when the prospec-
tive parents receive the child, files both the petition granting the peti-
tion for the adoption as well as the affidavit of consent.
Sometimes the affidavit is forthcoming a day or 2 before the birth
or a day or 2 after the birth, depending on the condition of the mother.
Immediately, our welfare department and the social workers go out
and they swing into the case. They take full knowledge of everything
about the home that that child is going in. Sometimes it is within a
period of 48 to 60 hours.
Within a period of 2 or 3 months they have the complete back-
ground of that family. Our laws and requirements for the consent
of those workers in our adoptions down here are so stringent even
to the requiring of insurance and other minor things such as that.
These people do a wonderful job. They do a fast job.
At the present time an attorney takes one of these adoption cases
into circuit court and the prospective parents have the O. K. of our
welfare workers and at that time you can rest assured that the matter
has been completely checked.
Chairman Kefauver. Mr. Counsel, is it practice down here or i.s
it legal for the adoptive or prospective adoptive parents to make
arrangements with the doctor, he agreeing to give them the child on
the condition that they pay the medical bill ?
Mr. Rolfs. Well, first the mother must give her consent. Secondly,
the doctor is normally paid a delivery fee, and he is paid normally by
the adoptive parents. The parents may pay any surrounding medical
costs, and the mother is entitled to a certain small remuneration.
The people who wish to adopt the child then go out and secure for
themselves an attornev to draw up the necessarv papers, since they
are adopting the child. The attorney looks to the adopting parents
for his fee.
JUVENILE DELINQUENCY 233
Chairman Kefauver. Is the home not supposed to be investigated
before the child is placed in the home?
Mr. Rolfs. No, sir.
Chairman Kefauver. Not investigated?
Mr. Rolfs. No, sir. In other words, a child can go straight into
the home, but once in the home the investigation starts immediately.
^ Chairman Kefauver. How is the doctor going to see about an inves-
tigation of this home in Massachusetts ?
Mr. Rolfs. Well, that is the exception. That is a flaw concerning
our law and perhaps why you are here, because out of the State we
have no control over that except the personal knowledge that the phy-
sicians or others might have concerning out-of-town residents. We
have no provision for it in our laws concerning out-of-State affairs.
Chairman Kefauver. If a person were careful, they could get the
officials up there, the social workers, to make a check of the home
before agreeing to send the child there.
Mr. Rolfs. That might be very well. It is not called for in the law.
Chairman Kefauver. Thank you very much.
Dr. Suarez. May I say a word ?
Chairman Kefauver. We have to get on.
Dr. Suarez. It will just take a second. We write birth certificates,
and I feel there is a clause on the birth certificates which I believe if
you could possibly have removed would help quite a few mothers. I
have had two occasions or three occasions where the mothers have
wanted to keep their child. It brings on a hardship, but they want to
endure it.
There is a clause there that asks if the child is legitimate or if the
child is illegitimate. It is not hidden in any corner where it can be
clipped off. When that child is old enough to read, and he looks at
the birth certificate, very bad results can come about. These children
go to school and they have to bring their birth certificates there.
If it could be stricken from the records, as other States have done,
I think it would be quite an improvement.
Chairman Kefauver. Thank you, gentlemen.
Who is your next witness ?
Mr. MiTLER. Dr. Stratos. Is Dr. Stratos here ?
If Dr. Stratos is not here, we will call Mr. Sherrill.
(Whereupon, the witness was duly sworn.)
TESTIMONY OF ALIEN E. SHEREILL, ATTORNEY, MIAMI, FLA.
Chairman Kefauver. We must finish as soon as possible. Please get
to the point quickly, Mr. Mitler.
Mr. Mitler. Mr. Sherrill, you are an attorney in Dade County ?
Mr. Sherrill. Yes, sir.
Mr. Mitler. We have gone over this matter of the placement of the
child from Roosevelt Hospital ?
Mr. Sherrill. Yes, we have.
Mr. Mitler. Do you know the administrator of that hospital, Dr.
George Wakalis ?
Mr. Sherrill. I met him three times. I have known him for ap-
proximately a year.
234 JUVENILE DELINQUENCY
??
where you were trying to seek an adoptive child for a home here in
Dade County ?
Mr. Sherrill. Yes.
Mr. MiTLER. And as a result of that did you come in contact with
a couple whose name began with B ?
Mr. Sherrill. Yes.
Mr. MiTLER. Mr. and Mrs. B ?
Mr. Sherrill. Yes.
Mr. MiTLER, And the child was already born at Jackson Memorial
Hospital ?
Mr. Sherrill. The child was born about 21^ weeks before. The
child was about 21/2 weeks old.
Mr. Mitler. That child was born some time in February of 1955 ?
Mr. Sherrill. That is right.
Mr. Mitler. I am leaving out the exact dates because it is not im-
portant. In any event, when you came in contact with that couple,
the natural parents you found to be married to each other and the child
had already been born ?
Mr. Sherrill. Yes, sir.
Mr. Mitler. They said they wanted to place the child out; is that
correct ?
Mr. Sherrill. They insisted on placing the child out and otherwise
I feel they would have done something else with it.
Mr. Mitler. But you found out that the couple that you wanted to
give the child to did not want a child any more ?
Mr. Sherrill. To save time, I will not tell the reason, but that is
true.
Mr. Mitler. Is is because they had received a child ?
Mr. Sherrill. No.
Mr. Mitler. Some other reason ?
Mr. Sherrill. Yes.
Mr. Mitler. At that point did you go over to Roosevelt Hospital and
tell Dr. George Wakalis, the administrator, about that?
Mr. Sherrill. I did not go there that way. I was on this other
matter. I would like to tell you about that later.
Chairman Kefauver. Do you want to tell about it now ?
Mr. Sherrill. Yes.
Chairman Kefauver. Go ahead.
Mr. Sherrill. I had some clients who were adopting a child. I did
not have anytliing to do with the placement of the child, but tliey were
the clients and I would take care of the adoption. That child was
going to be born in this Roosevelt Hospital. After the child was born,
I had occasion to speak with this mother. I was talking to the mother,
and I realized, in talking to her, that she was not the age of 26 that she
claimed. I felt that she was younger.
The consent was signed, but I did not turn them over to the
adoptive parents. I took this mother out of the hospital after the
required 5 days and took her down to Judge Beckham's court because
I felt that this girl did not want to give up her baby but thought she
would — but thought that she had to because the adopting parents
were going to pay her bills. I brouglit her down there and Mrs.
Graham and myself saw this girl. I tried to convince her that she did
not have to give her child up if she did not want to.
JUVENILE DELINQUENCY 235
Finally, I think after about 3 or 4 days, she said she agreed not to
give her child up, and that is the experience that these adoptive people
had, and they were a little peeved at me for getting this girl to keep
her own child. I thought I did a good thing.
That was the time I met Dr. George — the one you mentioned —
Wakalis. That is the time I met him. At that time he asked me —
he told me that he had a doctor friend who would like a child and if 1
ever lieard of one, to let him know.
Mr. MiTLER. To get to the core of the matter, the following day you
went to the Roosevelt Hospital and at that time the adoptive couple
was there, the child was there, and the natural parents
Mr. Sherrill. It did not go that way. The following day I went
to see this doctor — I will call him George. His name is hard to
pronounce. I went to see him and told him of the circumstances, that
we had a baby and that these people wanted to give their baby for
adoption. I asked him about this doctor that he had told me about
previously. I told him I would handle the adoption, which is what
I do. He told me to have the girl bring the baby in the next day for
examination.
Mr. MiTLER. Please get to the next day.
Mr. Sherrill. Yes, sir.
Mr. MiTLER. The next day the child was placed with a couple from
New Jersey ?
Mr. Sherrill. Yes. The child was brought into the hospital.
Mr. MiTLER. On that occasion the adoptive couple was at the hos-
pital ?
Mr. Sherrill. Wlien I got there, they were, yes.
Mr. MiTLER. And the child was there ?
Mr. Sherrill. The child was upstairs, yes.
Mr. MiTLER. As a matter of fact, the child was only in the hospital
6 or 7 hours ?
Mr. Sherrill. The child, as far as m^'' knowledge of how it got to
the hospital, was there about 11 :30 for an examination, and it was
there now at about 4:30; that is right.
Mr. Mitler. Did there come a time when some money was paid?
Mr. Sherrill. Yes, sir. That is what I was talking to you about
the other day, and also to Mrs. Graham.
Mr. Mitler. You understand that the adoptive couple has testified
under oath in New Jersey that thev passed to the hospital authorities
$1,250; is that right?
Mr. Sherrill. I found that out shockingly later on.
Mr. Mitler. And the child was not born in Roosevelt Hospital?
Mr. Sherrill. No, sir.
Mr. Mitler. As a matter of fact, you had come in contact with the
case just a day or so before that ; is that right ?
Mr. Sherrill. Not a day or so. no.
Mr. Mitler. How soon before that time ?
Mr. Sherrill. I do not know. Your question
Mr. Mitler. How many days before the date of placement? How
many days before the date of placement had you come in contact with
the case ?
Mr. Sherrill. About 3 days, to be exact.
Mr. Mitler. What happened with the $1,250 ?
74718—56 16
236 JUVENILE DELINQUENCY
Mr. Sherrill. I did not ever know there was $1,250. When I
spoke to the doctor the day before — first, I spoke to the people. Those
were the parents of the child.
Mr. MiTLER. Tell us what happened with the money.
Mr, Sherrill. I spoke to these people who had the child. I asked
them what their bills were and what they — or what do they want.
They said they owed lots of bills and, therefore, they want to ^ive
the child away because they cannot support it. They said they owed
hospital bills, doctor bills, and also some medical bills. I asked them
what it was.
They fi<^ured out that it was about $350, and that amount would
take care of the whole prenatal and postnatal care and the doctor
bills and hospital bills. That is when I had my clients. I said my
clients would surely be willin^^ to take care of the matter.
The next day I went and found that my clients did not want to do
that any more and did not want the baby. I spoke to the doctor and
told him what I will handle the adoption for $150 — the adoption —
and also he would have to give $350 to these people for their care, for
the hospital and their expenses.
He said that it was fine with his client, certainly.
The next day when I came to the hospital the adopting parents
were there, and I was surprised to find out that it was not a doctor but
it was an attorney. We went upstairs. I will keep to the highlights
because I know that you are running late.
We went into Dr. — into this man's office, which is right off the floor.
There was my client's daughter, who had given me
Mr. MiTLER. Mr. Sherrill, I do not want to cut you off, but the point
of the matter was that there was testimony under oath that there was
$1,250 passed and the child was brought to a hospital where it was
not even born.
Is Dr. Wakalis present? I have given subpenas to some of these
people and I do not see them. I have called both Dr. Stratos and
Dr. Wakalis.
Dr. Stratos said the sum of money was $1,250 that passed hands and
was handed to Dr. George Wakalis. Dr. George Wakalis said that
except for $20 he passed the rest of the money on to you. He is not
here, however, to make that statement under oath, although he was
subpenaed. You have been here all day. How much of the money
did you get?
Mr. Sherrill. Exactly $500. I had somebody with me when I
counted it. It was the woman who told me about the baby. She was
there. She was there to see that the baby went to a good home.
Mr. MiTLER. There is conflict as to where the money went.
Mr. Sherrill. Yes, I also paid by check Mr. and Mrs. Barnett
the sum of $350. I do not do much adoption work and have not done
much in my 8 years of practice. I have handled about half a dozen
cases, tops.
Mr. MiTLER. Do you have another one in Roosevelt Hospital similar
to that?
Mr, Sherrill. Yes. I had another one but not similar to that.
Mr. MiTLER, I have no other questions.
Chairman I^fauver, What sort of investigation did you make of
this home ?
JTJVENILE DELESTQUENCY 237
Mr. Sherrill. In the 5 adoptions that are recent, sir, I have had 1
prerequisite. That would be that the adoption be started immediately
so that the welfare board — there are only 2 States, New Jersey and
Florida — I know how the State of New Jersey works. They are very
thorough. I know that Florida is very thorough. In New Jersey
they start immediately, and in this case, in fact, I called up the wel-
fare board and told them that these parents are not the type of parents
that stay in one place long so they should come and investigate and
assist the New Jersey board.
I did not intend for it to be anything but clean. I thought it was
legal. In New Jersey they have an investigation and they send cop-
ies of notice of hearing to the natural mother, the natural parents.
They send that telling the name of the adopting parents and also
the address and also where the hearing is going to take place. Thus,
the people who give a baby for adoption from here always know
where their baby is.
I do not know whether that is good or bad, but in this case they
are investigated, and in every case of mine they investigated and
the home has been perfect.
Mr. MiTLER. Do you know that Dr. Stratos has been subpenaed?
Have you seen him ?
Mr. Sherrill. I do not know who he is.
Mr. MrrLER. But you know the administrator of Roosevelt Hos-
pital, Dr. Wakalis ?
Mr. Sherrill. Yes.
Mr. Mitler. Have you seen him here?
Mr. Sherrill. No, sir.
Mr. Mitler. You have come
Mr. Sherrill. I was not subpenaed, but I just came.
Mr. Mitler. You came in response to our request ?
Mr. Sherrill. Yes, sir.
Mr. Mitler. Did I tell you about a case where the natural moth-
er was there in Eoosevelt Hospital for 77 days before birth? Do
jou know that case ?
Mr. Sherrill. I do not know anything about it.
Mr. Mitler. Thank you very much.
Chairman Kefauver. Call your next witness.
Mr. Mitler. Miss Slaughter.
(Whereupon, the witness was duly sworn.)
TESTIMONY OF MISS HARRIET SLAUGHTER, PRIVATE
INVESTIGATOR, DADE COUNTY, MIAMI, FLA.
Chairman Kefauver. Miss Slaughter, your name has been men-
tioned here today. I felt that you should be called and asked if you
have anything to say about some of these matters.
Miss Slaughter, All right.
Chairman Kefauver. In the first place, it has been said that you
run ads in the paper saying that you — . I think that perhaps Mr.
Mitler ought to ask the questions.
Mr. Mitler. The ads are ads that indicate that you are available
for private consultation ?
Miss Slaughter The ads aren't in the paper
238 JUVENILE DELINQUENCY
Mr. MiTLER. Am I correct or incorrect ?
Miss Slaughter. That is correct.
Chairman Kefauver. What do the ads say ? Let us see these ads.
Do you have one of them ?
Miss Slaughter. No. I left a copy down here Sunday. I did
not take it. I believe I left it laying on the desk, on Mr. Mitler's
table.
Chairman Kefauver. That you are available for private consulta-
tion to expectant mothers ?
Miss Slaughter. No. I do no advertise that way.
Mr. Mitler. But for private consultations ; is that right ?
Miss Slaughter. For private investigative work. In fact, it is for
any type of investigation that we do, criminal investigation, civil or
domestic.
Mr. Mitler. I would just like to highlight that and then I will
go into anything that you wish. There have been cases in which
you have made referrals of unmarried mothers to Dr. Cole; is that
correct ?
Miss Slaughter. In what way do you mean that?
Mr. Mitler. Plain and simply that the girls were referred to Dr.
Cole in order to have their children placed out for adoption.
Miss Slaughter. No. I do not place anybody in that place for
adoption. I have girls wlio come to my office with domestic
troubles
Mr. Mitler. Excuse me. Was the net outcome in several of these
cases that you referred unmarried mothers to Dr. Cole ?
Miss Slaughter. In two cases I referred girls. I gave them the
name of my family physician and Dr. Cole, who was a personal friend
of mine.
Mr. Mitler. Please talk into the microphone. In addition to that,
you have gone to school with Dr. Cole ?
Miss Slaughter. Not with Dr. Cole. I went to school with Dr.
Cole's daughter and her son.
Mr. Mitler. You do investigative work for her sometimes ?
Miss Slaughter. I do.
Mr. Mitler. And in the matter of the death of Clarice Sharrer,
did you go out on that investigation ?
Miss Slaughter. I did.
Mr. Mitler. Did you submit some kind of a report to the authori-
ties?
Miss Slaughter. I have my reports in front of me, and if it will
save you time I would like to read them to you.
Mr. Mitler. That is not the ])oint. Do you know why she had to
turn to you rather than to the police ?
Miss Slaughter. I would think that — in what way did you mean
that?
Mr. Mitler. The police department of Dade County is available.
Do you know why she turned to you ?
Miss Slaughter. Yes, because she thought that the doctors in Coral
Gables hospitals
Mr. Mitler. Please talk into the microphone.
Miss Slaughter. That the doctors in Coral Gables made several
conflicting stories, so she called me into make an investigation, and
I made the investigation.
JUVENILE DELINQUENCY 239
Mr. MiTLER. For whose benefit was the investigation ?
Miss Slaughter. For whose benefit ?
Mr. MiTLEK. Yes.
Miss Slaughter. The doctor's.
Chairman Kefauver. Who paid you for it ?
Miss Slaughter. The doctor.
Chairman Kefauver. What doctor ?
Miss Slaughter. Dr. Katherine Cole.
Chairman Kefauver. To whom did you turn the investigation over ?
Miss Slaughter. I turned the investigation over to Dr. Katherine
Cole.
Chairman Kefauver. From that was the official report of death
made ?
Miss Slaughter. Did I make the official report of death ?
Chairman Kefauver. No. I mean, from your investigation
Miss Slaughter. I will read you just what I have here.
Chairman Ivefauver. If you want to read it, you may, providing
that it is not too long.
Miss Slaughter. I would rather read it to you.
Chairman Kefauver. It looks awfully long.
Miss Slaughter. It is not. It is very short.
Mr. MiTLER. I think it will take quite a while. Summarize it and
tell us what you did.
Miss Slaughter. I called upon Dr. Williams at the Coral Gables
Hospital. I talked with Dr. Williams about Clarice Sharrer, and we
talked to Dr. Williams about it. Dr. Williams at that time said he
believed there was not a child born. Then he turned to the other
doctor and he said, "I do not believe there was a child born in this
case."
Then he turned to me and Mr. Troy and he said, "I have to be very
careful of what I say because there might be a lawsuit against me."
Then, of course, he said. "What did you say your name was?" Of
course, we told him what our names were.
While we were in Dr. Williams' office, Dr. Williams received a phone
call from Homestead, Fla., Dr. Ben Sheppard, medical examiner of
the Dade County sheriff's office, and Dr. Sheppard told Dr. Williams
that according to his findings he found that the girl had died of na-
tural causes and he was stating so in his report to the sheriff.
Dr. Williams told Dr. Sheppard that he had not yet signed a death
certificate. There was some controversy on the other end of the line,
and Dr. Williams said, "Doctor, shall I sign the certificate ? If so. I
will do so, if you say it is right. All right, I will make out the certifi-
cate to say that death was caused by post partum hemorrhage."
After the phone conversation, Dr. Williams turned to Dr. Troy and
to me and said, "This means death from hemorrhage after childbirth."
We contacted the Coral Gables Police Department and learned that
Detective Edwards had been called to the LeJeune Eoad Hospital
by Dr. Williams and who after talking to Dr. Williams also main-
tained that the death of Mrs. Sharrer was under suspicion and re-
ferred the case to the sheriff's office.
We called upon — we contacted Clarice Sharrer's mother at the resi-
dence 1161 Northwest 60th Avenue. Mrs. Sharrer's mother stated
she was unaware that her daughter was pregnant.
240 JUVENILE DELINQUENCY
Mr. MiTLER. Is that the end of the report ?
Miss Slaughter. There are just a few statements here made by
Mrs. Travers, Mrs. Sharrer's mother,
Mr. MiTLER. Do you think that the reading of the report will be
helpful to the subject?
Miss Slaughter. I would say so, yes.
Mr. MiTLER. You made an investigation?
Miss Slaughter. That is right.
Mr. MiTLER. That was on behalf of Dr. Cole?
Miss Slaughter. Yes, that is right.
Mr. MiTLER. If you wish to finish reading the report, I do not want
to stop you.
Miss Slaughter. I think it would help.
Chairman Kefauver. Go ahead if it does not take long.
Miss Slaughter. The statement was that she was unaware that her
daughter was pregnant and we questioned her physical condition. At
that time Mrs. Sharrer told her this was because of a kidney condi-
tion and heart condition that caused her body to swell and feet to
swell.
Mrs. Travers said that the true health of her daughter could be
told by Dr. Katherine Cole. Mrs. Sharrer asked Dr. Katherine Cole
not to divulge all this because she had relations with her former hus-
band from whom she was divorced and she did not want her family
to know that she had resumed relations with him.
Dr. Cole was summoned to the house and she was removed to the
hospital. Mrs. McQuestion, sister of Mrs. Sharrer, was present dur-
ing the interview. Mrs. McQuestion stated she and her husband
were suspicious.
Chairman Kefauver. How many pages do you have there?
Miss Slaughter. Two more.
Mr. MiTLER. Do you think that is helping us?
Chairman Kefau^t-r. Pass it up and let me read it. I will sum-
marize it, if I can. Tell us
M'ss Slaughter. The rest of it is just questioning people.
Chairman Kefau^'er. I think we have had enough of that. Is there
anvthing else, Mr. Mitler?
Mr. MnLER. "Wliat is your riffht name?
Miss Slaughter. Harriet Slaughter.
Mr. IVTttler. TTndpi^ what name are you operating the agency?
Mi=!s Slaughter. Dade County Investigators, 415 and 416 Security
Building.
Mr. IVTttler. Do you use another name professionally?
Miss Slat^ghtfr. Yes,
Mr. MiTLER. Wliaf?
Miss Slaught^fr. Harriet Brown.
Mr MiTLER. Wliy?
Miss Slaughter. I do not want people to know I am the owner
because sometimes they find out that you are the boss and they want
not fo r>ny the price, and so on and so forth.
Mr. IVi'iTLER. "Wliat is vour husband's occupation?
Miss Slaughter. My husband was a deputv sheriff.
Chairman Kefauver. Is he a deputy sheriff now?
Miss Slaiigttter. No, he is not.
Chairman Kefauver. Since when ?
JUVENILE DELINQUENCY 241
Miss Slaughter. I believe it is the 12th of last month. He resigned
from the sheriff's office.
Mr. MiTLER. Had you ever heard it said that Dr. Katherine Cole
was an abortionist ?
Miss Slaughter. No.
Mr. Mitler. You never heard that said at all ?
Miss Slaughter. No.
Mr. Mitler. You never heard about the manslaughter arrest ?
Miss Slaughter. I have read about the arrests for that. You told
them to me.
Mr. Mitler. Before that ?
Miss Slaughter. No. I did not pay any attention to what happened
back in 1941.
Mr. Mitler. Were you very careful to whom you would refer these
girls?
Miss Slaughter. Pardon ?
Mr. Mitler. You would be very careful to whom you would refer
these girls, the unmarried mothers?
Miss Slaughter. That is right.
Mr. IMitler. You never heard through your contact with your
husband's being a deputy sheriff that Dr. Cole was known to be an
abortionist ?
Miss Slaughter. As I told you Sunday, I never discussed my busi-
ness with my husband.
Mr. Mitler. Is it a fact that you told me in the presence of two
other people that you were requested to make this investigation and
that you never did, and did you come back the following day and tell
me that you had made the investigation ?
Miss Slaughter. I told you I made the investigation and I was
hired by Dr. Cole to make the investigation.
Mr. Mitler. That was to protect your interests?
Miss Slaughter. To protect my interests.
Mr. Mitler. And to protect her interests ?
Miss Slaughter. Yes.
Cairman Kefauver. Is there anything else, Mr. Mitler ?
Mr. Mitler. No further questions.
Chairman Kefauvter. Are there any other witnesses, Mr. Mitler ?
Mr. Mitler. Yes.
Chairman Kefauver. Wlio are you going to call ?
Mr. Mitler. Judge Walter H. Beckham.
STATEMENT OF JUDGE WALTEH H. BECKHAM, SENIOR JUDGE OF
THE JUVENILE COURT OF DADE COUNTY, MIAMI, FLA.
Chairman Kefauver. You are Judge Walter H. Beckham, a judge
of the juvenile court of Dade County, Fla., president of the Florida
Council of Juvenile Court Judges. You are also one of the national
officers of the national association and you have had a long and
distinguished career.
Judge, you have listened to all of this testimony and you have had
great experience in the matter. Do you have some observations to
make which would be useful to us? I am sure that your observations
would be very useful.
242 JUVENILE DELINQUENCY
Judge Beckham. Thank you, Senator. Of course, here in Dade
County we have some peculiar problems because we are to some extent
a rather large tourist city. I should say that we are a large tourist
city to a great extent. We have had more than our share of unwed
mothers from other States and probably more than any other State,
unless it may be perhaps California.
The big problem about the black market in babies has been that
there are more people wanting to adopt babies than there are babies
for adoption. Consequently, when any article becomes scarce it turns
into a mercenary or financial proposition, and we have had our share
of that.
During the years, though, that I have been on the bench, I have
repeatedly alerted the community to this growing baby racket. I
have given numerous stories to the newspapers with identity concealed,
and we have had a few dramatic cases which we publicized. One of
them was so dramatic that I would like briefly to tell it.
One of our probation workers was making a routine call, and she
heard a young woman crying. She inquired from her mother, and she
said, "That's Mary. She wants to get her baby back and the doctor
won't let her have it." She insisted on talking to her. She told the
story that she had agreed to let the doctor take her baby for the
services rendered providing she could see the baby and then she could
make up her mind after it was born. However, the baby was snatched,
as we say, taken immediately upon birth, and she had not been per-
mitted to see it.
This inflamed her and angered her and frustrated her. She was in
tears and wanted to get the baby back. She told the probation officer
the story. She said that the doctor would not tell her where it was;
that she never signed any consent and that she wanted the baby back.
The officer told me and asked me what to do. I said, "You trace
the baby." She did and this developed
Chairman Kefauver. Judge Beckham, just a moment. Judge Cul-
breath has come in.
Judge, have a seat here by Judge Beckham. We are delighted to
have you here. We feel that Dade County is mighty fortunate in
having two very sincere and able men as juvenile judges. We know
that you have recently been appointed by Governor Collins. We have
heard many good things about your work, and we want you to join
in this discussion, giving us any observations or recommendations that
you wish to make.
Proceed, Judge Beckham.
Judge Beckham. I told her to follow through and find out where
the baby was. I told her to go to the doctor and to bring him to court.
He refused to tell her.
She later called up and said, "I am at a certain hospital at Miami
Beach." It was one of our most expensive hospitals. She said, "This
is the most ridiculous thing you ever saw. A woman who got control
of this child through this doctor has come here and taken a bed in
the maternity ward, and she has gone to bed and had this girl's baby
put in bed with her and is assuming the role of the natural mother.
She is also sending out birth announcements up North as though she
had given birth to this child."
She then asked me what to do. Well, I was in a fix. I said, "In
view of the circumstances, you take that baby and carry it to the
JUVENILE DELINQUENCY 243
county home and we will have a hearing and determine what the
facts are."
She said, "There will be a revolution when I take this baby out of
this lady's bed."
I said, "You take the baby and carry it to the county home and
that will be decided in the hearing."
To make a long story short, we did have a hearing. We took the
baby away from this Avoman and gave it back to the natural mother
who wanted it. "We found that the birth certificate had been forged
over in the bureau of vital statistics. In that case they had given the
adoptive mother as the naturel mother. Of course, we started an
investigation on that, with the result that the doctor involved left
tow n. We have not heard of him since.
I'hat was a rather drastic example of what is happening. That
thing has happened, we think, more than once. I gave that story to
the newspapers. As I said, during the years we have highlighted
these occurrences.
Dade County has a big volume of unwed mothers, and it has caused
us great concern. The role of the juvenile court is an important one
in checking on adoptive parents Avhen we hear of them. We have
broken up many adoptive placements that come to our attention, which
have reached us. We have repeatedly stepped in and taken custody of
children where independent placements have been attempted and
where homes were being given children that we thought should not
get them. We have approved some after investigation and others
we have disap]3roved and we have caused the child to be placed in the
appropriate adoptive agency after that.
Chairman Kefauver. Judge Beckham, you told me yesterday where
you did hear of some child that was about to be placed in an improper
home and you said that you did intercede, but there is no systematic
way of reporting, so that you and Judge Culbreath would not neces-
sarily know of these children about to be placed out of the State or
somewhere else, and you said that it is just a chance when you hear
about it. Is that correct ?
Judge Beckham. That is true. We fortified the situation as best
we could by sending a letter and request to the welfare departments
of the hospitals alerting them to the situation and asking them to call
us in where they see any unfavorable placement being threatened.
Many of our better hospitals cooperate, and during the years we have
made certain investigations. I would like to say that on the matter
of investigations someone said here yesterday it is not possible to get
interstate investigations of homes.
Where we find a child is being placed out of the State, and we have
a right to approve or disapprove that placement, we wire the juvenile-
court authorities in that community, the foreign community, giving
the name and address of the adoDtive parents, and asking for in-
vestigation and anproval from their local investigators as to whether
or not we should approve that placement. Sometimes it is good
and sometimes it is bad.
If it is bad, we do not approve it. Ofttimes when the applicant
for the child finds that we are making a home inves<"igation in their
own community, thev prefer not to go through with it. In most
cases, I think you will find that they have been in that instance turned
244 JUVENILE DELINQUENCY
down by some welfare agency in their own community before com-
ing here.
Chairman Kefauver. Judge Beckham, some couples from out of
State, say New Jersey or Massachusetts, come here and contact some
doctor, some naturopath, and they make direct arrangements to take
the child out of the State. There is nothing you can do about it unless
you happen to hear about it ; is that correct ?
Judge Beckham. That is very true. We realize that doctors are
engaged in that. We also circularize the medical profession stating
this condition and asking them to cooperate with the juvenile-court
in seeing that improper placement of children did not happen. The
great majority of our doctors are ethical. That is also true of your
lawyers. Occasionally, we find a stray member of the profession that
we think is putting finanical consideration ahead of welfare of the
child. They are not concerned with the child and their utmost con-
sideration would be a high fee. They will place it where the client
pays the highest fee. That is not typical of the profession. These are
just stray members.
Chairman Kefauver. For instance, it is not the outstanding doctors
who do this, because they do not have very many of these placements ;
do they ?
Judge Beckham. They do not.
Chairman Kefauver. At least, if there was some law or some meth-
od whereby the child was going to be taken out of the State, if they
had not reported to the juvenile court, that would at least give you a
chance to make some investigation ?
Judge Beckham. We think so.
Chairman Kefauver. And you could then work through the State
department of welfare and do something to see that the child is given
a fair chance?
Judge Beckham. We certainly could. I have repeatedly, publicly
and privately, advocated that in Florida we require all adoptions to
go through licensed child placement agencies, except as between near
relatives. There is no necessity for that to go through an adoption
agency where relatives are involved, but where strangers are involved,
we feel that all independent placements should be abolished and every-
thing should go through a licensed child placement agency where
proper investigation is made and where they would be adopted under
the law of the State through orthodox agencies.
We have good child placement agencies who are licensed. The
trouble is, Senator, that most of the mothers who come into a com-
munity are ignorant. They do not know where to go. You may
have the best people available, but they do not find them. They do
not know how to find them. They are just ignorant. Most of the
times they are embarrassed. They usually come from out of town
and they philander until they get into the hands of somebody who
steers them to an abortionist or a doctor or a lawyer or somebody that
may deal in that kind of business. It is a matter of education.
We have at times discussed a maternity home. Yet, there are two
sides to that argument. If you built a free maternity home and gave
everybody free care that wants it, you are opening the door for an
even greater influx from other places of unwed mothers, an influx from
other States, thus creating a bigger problem to your local community.
JUVENILE DELINQUENCY 245
I want to say this: No mother that I ever heard of that came to
this community, regardless of where they came from, regardless of
her race, color, or any other qualifications about her, was refused or
did not get welfare care. They have not been allowed to suffer.
Chairman Kefauver. That would be if she got in touch with the
proper agency or knew how to get in touch with an agency and in
that case she would get some attention ?
Judge Beckham. She certainly would. Recently our agencies have
been extending free care to these unwed mothers.
You always have the problem of encouraging an influx from out
of State to come in and be another added burden. I think if the
Federal Government, through its housing funds and through
Mrs, DeCarlo. Excuse me. I am not leaving no court. I want
to find out.
Chairman Kefauver. That is all right.
Mrs. DeCarlo. I want to find out if people have a right to take
other people's children away from them.
Chairman Kefauver, Just a minute.
Mrs. DeCarlo. You have to carry these children 9 months and then
you have them taken away by the Catholic charities, and then they
throw you out in the street and drag you all over the ground because
you are fighting for your children. I'm no drunk, I'm no whore, I'm
no drunkard. I gave birth to two children and had them taken away
from me. I don't sleep nights thinking about my children. What
do you people care? Don't take my picture. You people have no
feelings at all. That man is sitting there and lying — lying.
These people just take other people's children away from them. All
that he has said is a lie. My baby was born a week later and I haven't
seen it since
Chairman Kefauver, Young lady, if you will have a seat we will
have somebody talk with you,
Mrs, DeCarlo. I have been trying for months and years to get some-
body to talk with me to find out why I cannot get my children.
Chairman Kefauver. Just have a seat.
Mrs. DeCarlo. I am tired of asking people and having them tell me
the same old story over and over and over — the same old story. How
would you like it ? Year after year you have to go to the people and
you have to go to them and ask them why you can't have your
children.
Chairman Kefauver. Just have a seat in the back of the hearing
room and we will have somebody talk with you after a while.
Judge Beckham. You understand that this is not connected with
the juvenile court discussion at all. This is a private agency.
Chairman Kefauver. We will see that your testimony is in con-
tinuity. Proceed.
Judge Beckham. As I said before, we have thought of a free ma-
ternity home for these unwed mothers, but you have the problem of
encouraging an influx on your own community of nonresident people.
Florida has its welfare board, which does a good job. We have a coun-
cil in all of our agencies. The juvenile court, as I said, is a placement
agency for the licensed agencies, and they may come with the natural
mother to a hearing and after adequate investigation, both by our staff
and the adopting agency staff, we may place the child for purposes of
246 JUVENILE DELINQUENCY
adoption with the licensed agency. They then find the foster mother
and act as guardian for the child. They go into the circuit court and
have the adoption completed, so that the natural mother does not have
to face the foster mother through that device. That is standard and
orthodox practice in better communities.
As a matter of independent placements, we do not have the right to
cut oii the rights of a natural mother as far as her having to o-q into
the circuit court. Consequently, doctors and lawyers and othel-s who
have independent placements, knowing the thorough investigation that
IS to be made and the checkup to be made on orthodox welfare prin-
ciples, do not steer those cases through us, and we do not hear them
unless suspicious circumstances arise, and we do get information
whereupon we institute an investigation in that case and frequently
take children out of the hands of improper people under independent
placements. ^
We give them a chance to establish their right or not.
Chairman Kefauver. Judge Beckham, you suggested a few minutes
ago that any mother who might be either a resident of the State or
from out of State who needed assistance could get some kind of assist-
ance, but you are not suggesting that you have adequate facilities or
adequate help, are you ?
Judge Beckham. We do not, because the volume is continually
growing. We do not know the extent of it. They come in here unan-
nounced, and it is difficult to plan for it.
Chairman Kefauver. I would like for you at this time to make the
suggestions ihat you want to make, and then I want to turn to Judge
Cul breath as to what, if any, kind of Federal legislation he thinks
would be helpful in this situation.
Judge Beckman. I think. Senator, and I have studied Federal legis-
lation, and I have drawn legal bills which have been made laws in
Florida on this question, and on other matters relating to the juvenile
studies. Many of the things that I have advocated I have written and
they have appeared before Congress. I myself have appeared before
Congress to get aid for the return of runaway children, which is also
a great problem for Dade County. Large numbers of children run
away from homes and they come here.
I think one of the laws that we need has already been suggested in
these discussions. We certainly need a law making it unlawful for
a baby to be taken out of one State for adoption in another State with-
out the consent of the State from which the baby is being taken. In
other words, there should be a preliminary hearing before a person
has a right to take a baby out of the State and place it in another State
for the purpose of adoption. That would be a stopgap at the initial
stage of placement. After the child has been placed for adoption, it
is difficult to change the situation then. When you make the primary
moves on the placement, you can catch it at the doorway and in its
initial stage.
A Federal law making it unlawful for a child to be transported
from one State to another, except perhaps as between near relatives,
without a consent order from the State where the child is taken from,
I think, would be very proper.
Chairman Kefauver. I think your idea about that is very sound.
Of course, jt should be pointed out that we do have many Federal
statutes to implement the enforcement of State laws. One thing that
JUVENILE DELINQUENCY 247
has bothered me about this Augusta situation and all of these matters
here tliat we have head about in Florida is that they talk about inves-
tigation when these adoption proceedings come around maybe 2 or 3
or 4 years later. That is not when it is needed. The need is when the
child is first placed in the home. Do you think that is correct ?
Judge Beckham, That is exactly true, and that is where much of
our trouble arises. Even a lot of these so-called adoptions — you see,
the harm has been done by tlie original placement. Our welfare
board, according to the present law in Plorida, can only take over
Avhen the adoption petition is filed. They are not concerned with the
placement. That comes through a juvenile court or comes through
an independent placement, over which no judge has any knowledge,
and it is based on the consent of the parties involved.
We have proposed legislation in Florida making it illegal to sell
a baby, and that was precipitated after the very fine work that Mr.
Mitler did in the New York case. That is law here. We found cer-
tain weaknesses in our laws. Our welfare council and legislators
got together, and we passed a law after that incident making it un-
lawful to sell babies, but a big loo])hole was left in it over my objec-
tion. I warned them that we were really not doing much when we
said that medical fees and legal fees could be charged in connection
with the placement of a baby. I said that this is an open door and
that the sale of the baby would be a device to enlarge the fee which
would be charged primarily on a professional basis and it would be
giving the family who is willing to pay the biggest fee the best back-
ground.
Chairman Kefau\t:r. That legislation came out of the racket that
Mr. Mitler prosecuted in New York ?
Mr. Mitler. The Irwin Slater-Bess Bernard case.
Judge Beckham. That is correct.
Chairman Kefauver. Tell us any other Federal legislation that
might be indicated in your mind.
judge Beckham. I think on the matter of interstate investigations
which came up, that could be easily provided that any States receiv-
ing aid for dependent children should be required to make investiga-
tions of foster homes at the request of a corresponding agent in the
other State so that this question of not being able to find out about
the adoptive parents would be eliminated. I think that could be
done.
Chairman Kefauver. T think your recommendations are very per-
tinent and sound. I hope we can get something done about them.
I think we can. I think some people may not realize the significance
or the importance of this matter that we are investigating. As vou
so well know, somewhere between fifty and sixty thousand children
every year are placed out independently. That places a good deal
into the black or the gray market. This usually goes without inves-
tigations. The percentaofe of these that turn out good is much less
than the percentage of those that are placed through regular chan-
nels.
Judge Beckham. That is correct. Of course, as I said, some inde-
pendent placements are all right. There are mnny doctors who have
consciences and who know personally the people they are trying to
248 JUVENILE DELINQUENCY
help get a baby of good character, and a lot of them are j?ood, but
they do not get the publicity. It is the bad ones who cause the harm
and those are the ones we should try to prevent. I find that the press
is a very valuable all^' in opening up the situations. They said we
have given the stories on these things, and I assume that you have
seen the comment of the local papers in trying to unearth these rackets
locally. We are happy that they have cooperated with us. We are
going to continue to use this publicity hoping to alert our citizens
and legislators for the need of better laws and better services.
Mr. MiTLER. Miss Ward.
Chairman Kefauver. Why can you not call several at a time?
Mr. MiTLER. Miss Ward and Mr. Comanor.
(Whereupon, the witnesses were duly sworn.)
TESTIMONY OF MISS MAEGAEET WAED, SUPEEVISOE OF ADOP-
TIONS, DEPAETMENT OF PUBLIC WELFAEE, STATE OF FLOEIDA,
MIAMI, FLA.; AND ALBEET COMANOE, EXECUTIVE DIEECTOE
OF JEWISH FAMILY SEEVICE, MIAMI, FLA.
Chairman Kefauver. Mr. Mitler, just ask Miss Ward and Mr.
Comanor the particular points and try not to go into too many de-
tails on the points that you want to bring out.
Mr. Mitler. Miss Ward, you are here representing the department
of public welfare of the State of Florida, the child welfare division?
Miss Ward. That is right.
Mr. Mitler. What is your position there ?
Miss Ward. Supervisor of adoptions.
Mr. Mitler. You do not mind if we just hit the very highlights,
do you ?
Miss Ward. That would be fine.
Mr. Mitler. In your capacity as supervisor of adoption, you have
information in connection with adoption cases ; is that right ?
Miss Ward. Yes, sir.
Mr. Mitler. At this point I know that you have some records there.
We will introduce the statistics of the State of Florida for the adop-
tions right now.
Miss Ward. I believe I submitted this full statistical report to you
when you were in Jacksonville. Don't you have that copy ?
Mr. Mitler. I have one. We will use our copy in connection with
that.
Chairman Kefauver. Let it be filed as exhibit 33, Miss Ward.
(Excerpts from the report referred to are marked "Exhibit 33" and
read as follows :)
JUVENILE DELINQUENCY
Exhibit 33
Table 1. — Adoptions hy type of placement. State of Florida
249
Fiscal year
Licensed
aeency
placements
Nonrelative
independent
placements
Stepparent
and relative
placements
Total
adoptions
1943-44 -
45
90
122
139
156
226
266
280
251
239
270
353
300
379
515
649
623
555
523
588
651
706
931
1,031
339
364
404
470
416
455
482
662
735
898
973
1,033
684
1944-45 . -- -
833
1945-46
1 041
1946-47
1947-48
1,258
1 195
1948-49 -
1949-50
1,236
1 271
1950-51 -
1 531
1951-52.
1952-53 -
1953-54
1,637
1,843
2 174
1954-55
2,417
Table 2. — Nonrelative adoptions hy type of placement, State of Florida
Fiscal year
Licensed agency
placements
Independent
placements
Total
place-
ments
Number
Percent of
total
Number
Percent of
total
1943-44 -.- - —
45
90
122
139
156
226
266
280
251
239
270
353
13
19
19
18
20
29
34
32
28
25
22
26
300
379
515
649
623
555
623
.588
651
706
931
1,031
87
81
81
82
80
71
66
68
72
75
78
74
345
1944-45
469
1945-46
637
1946-47 -
788
1947-48 .-
779
1948-49
981
1949-50 -
789
1950-51
868
1951-52 .-
902
1952-53
945
1953-54
1,201
1954-55.
1 384
Table 3. — Nonrelative adoptions — how placement arranged, State of Florida
Fiscal year
Doctor
Own
parent
or rela-
tive
Other
individ-
ual
Other 1
Total
mde-
pendent
Total
licensed
agency
Percent
by li-
censed
agency
1948-49
193
205
226
246
257
331
302
214
184
205
228
201
337
343
88
82
86
109
108
152
169
60
52
73
68
80
111
157
555
523
590
651
706
931
1,031
226
266
280
251
239
2ro
353
29
1949-50
34
1950-51 ....
32
1951-52
28
1952-53
25
195.3-54...
22
1954-55
26
1 Unlicensed agencies, county, and juvenile courts.
Mr. MiTLER. The subject we are considering now is out-of-State
independent adoptions, and there are a great many that come from
Florida ; is that right ?
Miss Ward. We have no way of knowing of any placements that
are made in other States, Our responsibility is for investigation of
the adoptions where the petitions are filed here in Florida.
Mr. MiTLER. I know that you would like to discuss your problem
here in Florida, but I think it would be most valuable if you could
tell us the problem of the mothers that come into Duval and Dade and
250 JUVENILE DELINQUENCY
other counties in Florida, the nonresident mothers. Just touch on that
briefly.
Miss Ward. "Well, a majority — as a matter of fact, over half — of
the mothers who come to Florida and have their babies — wait just a
minute. Over half of the babies that are placed here in Florida, the
mother is not a resident of the county in which the child is born.
Earlier this afternoon there was an indication from a private agency
that they are trying to provide the mother with the type of medical
care she needs and assistance with her expenses, if necessary. Even so,
the amount of money that they have for that purpose is still quite
limited in relation to the number of girls. Consequently, many of
the girls go to doctors who in turn know of adoptive parents, prospec-
tive adoptive parents, who are willing to pay for the girl's medical
expense and also, if necessary, willing to pay something toward her
living expenses during the time when she cannot work.
Mr. MiTLER. In other words, a nonresident who is an unmarried
mother in Florida and in Dade and Duval Counties has a hard time
getting assistance because of the residence requirement ?
Miss Ward. That is true, and it is true in all the counties in Florida.
Mr. MiTLER. And as a result of that, many of them go to independent
nonagency sources ?
Miss Ward. That is right. Most people seem to be under the im-
pression that a majority of these girls are young or minor. That is
not the case.
This past year, which is a usual period, only 27 percent of the girls
who were unmarried mothers were under 21.
Our department does have a small amount of State money to pay
for maternity home care. That would be only maternity home care
and not private medical care. That would be for unmarried mothers
under 21. However, 76 percent of these women are not under 21.
Mr. ]\IiTLER. I wanted now to turn to another point. I do not intend
to cut you olf , but I want to get to the highlights because of the pressure
of time.
How many placements percentagewise that are made in Florida are
independent placements ?
Miss Ward. This past year 76 percent of the adoptions which were
made by placements were made by other than licensed child placing
agencies.
Mr. MiTLER. And I think, as a result of our interview, that you
indicated that the gap in services to the nonresident unmarried
mothers has resulted in this large volume of independent placements ?
Miss Ward. We certainly feel that this has been a contributing
factor, definitely.
Mr. MiTLER. You told me that your department favored a Federal
law against baby selling ?
Miss Ward. We have always been in favor of legislation against
baby selling, though, of course, I do not think an}^ of us have the
answer as to just exactly how such a law would be phrased so that
it would be effective.
Mr. MiTLER. And I think you stated that you were opposed or your
department took a position against making preplacement study man-
datory for personal reasons. Is that a summary of your
Miss Ward. Our department took a stand against a State law to
that effect.
JUVENILE DELINQUENCY 251
Mr. MiTLER, I hope you do not mind my going through the high-
lights very quickly. I know that does not represent all that we have
reviewed, but I hope I have highlighted it.
Chairman Kefauver. Let me ask Miss Ward one question. What
is your suggested remedy ? This doctor here has been talking about
children turned over to parents here and taken to Massachusetts, taken
to New Jersey or some other place. I take it that there might never be
any investigation made of that home.
Miss Ward. It would depend on the State, of course, and the law in
the State, unless investigation is mandatory by law at the time of legal
adoption.
Chairman Kefauver. They might take the child and just keep the
child forever without filing a petition for adoption.
Miss Ward. That is quite possible. Of course, it would be strange
for people to take a child and not establish any legal status.
Chairman Kefauver. The adoption usually is just a formal matter
in most States ?
Miss Ward. The legal adoption ?
Chairman Kefaiwer. Yes.
Miss Ward. You are talking about if they do not petition for
adoption.
Chairman Kefauver. They just file a petition and then it goes
through without
INIiss Ward. The majority of States now have a law that does re-
quire an investigation at the time of legal adoption either by the
department of public welfare or some other agency. Some of the
States permit investigation to be made by a person appointed by the
court.
Chairman Kefauver. Why is it that it is not worked out on a recip-
rocal arrangement where you make an investigation for Massachu-
setts if the child is going to be placed in Massachusetts and they will
make one for you if the child is going to be sent here ?
Miss Ward. That would be possible, provided we had adequate
money to pay for the staff to do that sort of investigation. Of course,
you understand that would be a social investigation, and our ques-
tion in relation to all of this is whether social investigation is an ade-
quate means for getting at this so-called black market situation where
apparently fees are perhaps quite high.
Mr. CoMANOR. I wonder
Mr. MiTLER. I was just going to get to you, Mr. Comanor. You are
here on behalf of the social agencies of Dade County ?
Mr. CoMANOR. I am here on behalf of the licensed adoption agencies
in Dade County.
Mr. MiTLER. In other words, you were delegated to be their repre-
senative ?
Mr. CoMANOR. I am the executive of one of those agencies. It was
obvious that we would all not come and talk.
Mr. MiTLER. You are the head of which one ?
Mr. Comanor. The Jewish family service.
Mr. MiTLER. Go ahead.
Mr. Comanor. I am the former chairman of the family and child
care division
74718 — 56 17
252 JUVENILE DELINQUENCy
Mr. MiTLER. Could we get your name?
Mr. CoMANOR. My name is Comanor.
The Senator is quite right when he suggests that children who have
moved interstate may be lost for adoption altogether. This was ex-
posed quite clearly during the war when many young men and women
were looking for birth certificates and it was discovered that their
original place of birth was not discoverable because, actually, this
kind of loose intent to adopt resulted in adoption in the end, with
a total loss of legal rights actually for many children.
Mr. MiTLER. Mr. Comanor, there are certain things that you wanted
to state in connection with the adoption program in Dade County.
I believe your agency is just embarking on an adoption program.
Mr. Comanor. We are the newest adoption agency in Dade County,
although my own experience in this field has been quite long.
Mr. MiTLER. Could you tell us the highlights of why you feel there
are so many independent placements.
Mr. Comanor. I would like to comment on the same point which
Senator Kefauver asked Miss Ward. In the first place, I think it is
desirable in the face of controversial witnesses that the committee
know that there is great approval of the work of this committee on the
part of many people in this country, and certainly here. Those organi-
zations engaged in an attempt to provide sound and careful adoption
practice in the community, although horrified by this string of cruel-
ties which have been elicited for us. We all recognize how important
it is that the whole public have an opportunity to see what actually
is occurring and the manner and the way in which it is occurring and
they might realize that this is an important part of our social affairs.
With regard to two concepts that the committee has in view, we
would like to indicate our support. One has to do with an attempt
to give some direction, some regulation, to what is happening in inter-
state adoptions. Actually, there is an opportunity through Federal
legislation to set a requirement with regard to independent place-
ment, to control placement rather than adoption. The issue, as has
been pretty clearly shown in much of this testimony, has to do not
with the final legal powers but with the placement itself because once
the placement is made it becomes almost impossible, even in improper
placement, therefore, to remedy the damage already done. Conse-
quently
Chairman Kefauver. Do you mean a child who is placed in an
improper home and stays there 2 or 3 years, while that is bad matter
it might even be a worse matter to take the child out?
Mr. Comanor. Yes. Most people have pretty good things in them.
The problem is not that people are not good. However, in many
cases the children are unfortunately put into bad homes. The chances
are that people are good and the chances are that the child will be
placed with decent people. The best family might not be the most
equitable or the most just placement. There may not be adequate
placement with everything concerned. Consequently, it becomes im-
possible for welfare agencies or juries or others to interpose once it has
been made and continued. However, an investigation of the potential
good of the home prior to placement can possibly protect us from some
of the more improper kinds of placement such as has been reported
during these hearings. This is quite difficult and it is different than
Jin^ENILE DELINQUENCY 253
the investigation which is made by, say, the Florida State Depart-
ment of Welfare in independent adoptions in this State.
The matei-ial given by Mr. Rolfs was quite w^rong in this matter.
Investigations are made only after the child is in the adoptive home,
and this may occur quite a long time after the adoptive placement
has been made.
Mr. MiTLER. You are referring to the statement that the depart-
ment starts the investigation before birth?
Mr. CoMANOR. Yes.
Mr. MiTLER. That is not correct ?
Mr. CoMAxoR. That is completely inaccurate.
Mr. MiTLER. His statement was erroneous ?
Mr. CoMANOR. I would say he is either misinformed or ill informed
this matter. Certainly, he gave quite an incorrect impression as to
the situation. The practitioners and the department of public wel-
fare themselves are most earnestly hoping for the elimination of this
kind of practice and the requirement of this kind of a belated investi-
gation, an investigation of placement or of families prior to the place-
ment. This is the way private agencies practice and this is the mat-
ter in which legislation should attempt to move. This involves an
adequate study of the families before a child is placed with them.
Our experience indicates that out of every 1,000 families investi-
gated about 700 will prove to be satisfactory homes, but one can see
that this does not necessarily take place. Three out of every 10 are
likely to be homes that would be eliminated by sound investigation.
We have seen examples in the hearings for the last 2 days.
Chairman Kefauver. Anyway, the dollar mark, the amount of
money that a fellow is willing to pay should not be a criteria ; is that
correct ?
Mr. CoMANOR. That is right. It is not equitable among our citi-
zenry.
There is a second thing that we would like to support in regard
to this.
Mr. MiTLER. Please highlight it.
Mr. CoMANOR. I am doing my best to highlight these things, Mr.
Mitler. There is certainly an inadequacy of resources for the care of
children. This needs to be remedied. It is quite evident that since
unwed mothers seem to move to certain particular areas in the United
States and not distribute themselves evenly, it is impossible for the
States and the private agencies to make any decent attempt to take
responsibility. However, these mothers must be provided with ade-
quate care if we want to stop them from being victimized and force
them into going to the independent placement people. This means,
at least for this kind of interstate traA^el here, that there might very
well be some supported Federal legislation allowing, as in certain
other marketing programs, the probability of there being staffs that
are better paid for, their staffs better supervised, greater opportunity,
carefully serviced and that there be financial aid in other forms for
unwed mothers.
Certainly, I think it is clear that statutory procedures are not suf-
ficient to deal with this problem of the independent market. No sound
State legislation has as yet been developed that does not have loop-
holes that can be found. The problem basically is to provide direc-
tions to cause the unwed mothers to want to use services, and that
means that the services must be there. These have to be supported.
254 JUVENILE DELINQUENCY
Secondly, I would say, and this is a final statement, that it is, as
one looks at this thing, as though it becomes fairly evident that we
are looking at a very complex group of social unfortunates where
there is a problem involved. The ethical problems seem to call for
a reexamination by all professions, particularly law and medicine,
of, shall I say, the ethical questions with regard to adoptions. In
addition, it becomes a very important thing that the community pro-
fessionals find ways of getting together instead of continuing to be
apart on this matter.
Chairman Kefauver. Thank you very much.
Miss Ward, you gave us a percentage which you said represented
the number of children who came from out-of -State, unmarried
mothers who had children.
Miss Ward. Yes, sir.
Chairman Kefauver. What were those percentages ? I would like
to see how big a problem it is.
Miss Ward. That came from out of State ?
Chairman Kefauver. Yes.
Miss Ward, The percentage I gave you was noncounty residents.
Some of them came from other counties in Florida. The percentage
for out of State is 62 percent of the mothers were residents of Flor-
ida ; 28 were residents of other States and 8 we did not establish resi-
dence on because we were unable to interview the mothers. In that
case, she had left before we were able to interview her.
Chairman Kefauver. How many cases did you report in this last
year?
Miss Ward. This past year there were 1,031 independent adop-
tions, and there were 3.53 agency placements.
Mr. CoMANOR. I would like to ask a question. Is it not true that
a certain number of unwed mothers are alleged Florida residents?
I mean, is there not a slightly higher proportion of out-of-state
women than the figures would seem to show ?
Miss Ward. Well, I do not know that I could answer you on that
because I do not know of the interviews and I do many of the inter-
views myself. My general impression is that they would have no
particular motive for telling us that they are residents of Florida
if they are not.
Chairman KErAU\T.R. Anyway, this does give you an unusual prob-
lem because of the climatic attractiveness of Florida. They come
here from other places for that reason ; is that correct ?
Miss Ward. That is very true. As Mr. Comanor points out so
well, we certainly do not have the funds down here to provide the
kind of services that we need to provide the medical care and to take
care of the other expenses that the mother might have.
Chairman Kefauver. We certainly thank you two very much.
Mr, Mitler, is there anyone else now ?
Mr. Mitler. Dr, Pearson,
(Whereupon, the witness was duly sworn,)
TESTIMONY OF DR. HOMER I. PEARSON, JR., SECRETARY OF THE
BOARD OF MEDICAL EXAMINERS OF FLORIDA, MIAMI, FLA.
Chairman Kefauver. Proceed, Mr. Mitler.
Mr. Mitler. Doctor, you have come as a representative of the phy-
sicians in Dade County ; is that correct?
JUVENILE DELINQUENCY 255
Dr. Pearson. That is correct, sir.
Mr. MiTLER. You do not mind if we sort of hit the highlights of
this interview. We had an interview the other day. You told me
that you are secretary of the Board of the Medical Examiners of
Florida?
Dr. Pearson. Yes, sir.
Mr. Mitler. And your other official position was what in the medi-
cal field?
Dr. Pearson. I am chairman of the judicial council of the Ameri-
can Medical Association.
Mr. Mitler. I believe you told me that you made independent place-
ments yourself ?
Dr. Pearson. Yes.
Mr. Mitler. What is your feeling about independent placements,
comparing the kind that you make and the kind that are made
with
Dr. Pearson. If there is anything that I would like to make clear,
it would be that I am certainly opposed to black-marketing babies.
If we can eliminate black-marketing babies, I am all for it. If we
can eliminate black-marketing babies by eliminating independent
adoptions, I would be in favor of that.
Mr. Mitler. In other words, you feel that there should be inde-
pendent placements, but you are totally and utterly opposed to any
kind of irregularity or abuses or commercialization in placing the
children ?
Dr. Pearson. Yes.
Mr. Mitler. If it is necessary to eliminate independent placements,
to do that you would be in favor of this ?
Dr. Pearson. Yes, sir.
Mr. Mitler. Who are naturopaths. Doctor ?
Dr. Pearson. It would be rather presumptions on my part to try
to define naturopaths when he could not define it himself. I have in
my pocket a definition set up in the statutes of the State of Florida.
To my mind and in the minds of the American Medical Association,
naturopaths are cults along with certain others, and very irregular
practitioners, sort of drugless healers, so to speak.
Mr. Mitler. There is something about herbs occurring in their
cult?
Dr. Pearson. They are not supposed to use, according to law, any
of the material medica — that is, drugs — but they do, of course.
Mr. Mitler. Do you know Dr. Cole, the woman who testified here
this afternoon ? Do you know that she is a naturopath ?
Dr. Pearson. By reputation only. I do not know her personally.
Mr. Mitler. Are there any schools in the State of Florida for
naturopaths ?
Dr. Pearson. I don't think there are any schools anywhere for
naturopaths.
Mr. Mitler. Could I ask you your opinion about their qualifications
to handle adoptions and full-fledged medical matters ?
Dr. Pearson. My opinion of naturopaths probably would be some-
thing that should not be had at this time.
Chairman Kefauver. You do not want to say anything about it?
That is all right.
256 JUVENILE DELINQUENCY
Dr. Pearson. But certainly their qualifications are such that they
should not be allowed to treat the sick. As to their qualifications for
conducting independent placement of babies, I would not be prepared
to say.
Mr. MiTLER. Did you hear about the case this afternoon in which
the girl died 'I
Dr. Pearson. Yes, sir.
Mr. MiTLER. Could you make any statement or give your opinion
as to whether she should have been brought to the hospital earlier?
Dr. Pearson. It certainly is very evident that she received poor
treatment where she was and she probably could have received much
better treatment in an adequate hospital.
Chairman Kefauver. It does sound to me like she died from the
lack of medical attention.
Dr. Pearson. That is right, sir.
Mr. MiTLER. Thank you very much, Dr. Pearson.
Chairman Kefauver. We do appreciate your cooperation very
much.
Dr. Pearson. You are welcome.
Chairman Kefauver. Mr. Mitler, you mentioned two doctors. Y^ou
just told me that they came in.
Mr. Mitler. I notice that Dr. Stratos is here. Please come forward,
Dr. Stratos.
Chairman Kefauver. Who is the other doctor ?
Mr. Mitler. And Dr. Yakalis.
(Whereupon, the witnesses were duly sworn.)
TESTIMONY OF DE. GEORGE YAKALIS, ADMINISTRATOR OF
ROOSEVELT HOSPITAL, MIAMI, FLA., AND DR. PAUL STRATOS,
PHYSICIAN, MIAMI, FLA.
Mr. Mitler. Dr. Stratos, if there has been some error, we will clear
it up. Was there a misunderstanding about the arrangements under
which you were to come here? Certainly, we want to clear it up if
there was such a mistake.
Dr. Stratos. I heard my name on television and I picked up and
got a cab and rushed down from 87tli Street to be present and co-
operate with you.
Chairman Kefauver. You had been looking at television and you
heard your name mentioned ?
Dr. Stratos. My name was mentioned. Dr. Paul Stratos.
Mr. Mitler. Did w^e not have an arrangement whereby you would
come here today ?
Dr. Stratos. Yes, sir. I was to see you here and give you what you
wanted. I gave my name and telephone number to your secretary to
call me in case you need me and I would be here within an hour. I
turned on my television and I had it on all day long waiting to receive
a call.
Mr. Mitler. There must have been some error in carrying that out.
I am happy that you are here, though.
Dr. Stratos. I am glad that I made it.
JUVENILE DELINQUENCY 257
Mr. MiTLER. Dr. Stratos, we can get to the point very quickly. Do
you remember the couple coming from New Jersey and coming to the
Roosevelt Hospital ?
Dr. Stratos. Yes.
Mr. MiTLER. Do you know the case ?
Dr. Stratos. Yes.
Mr. MiTLER. Do you remember going out there with a man who
gave you $1,250?
Dr. Stratos. That is right, sir.
Mr. MiTLER. Was it a combination of money and travelers checks?
Dr. Stratos. I'm not sure. Some were in travelers checks and some
were checks. There was a roll. There was some white paper with it,
and I know or I assumed they were travelers checks.
Mr. MiTLER. That money was to be paid to him ?
Dr. Stratos. It was supposed to be paid to the party that will present
the baby. It was supposed to be a lawyer and I didn't know him what-
soever. I was in contact with Dr. George and his party was to receive
the baby and pay the money. I was interested in the placing of the
baby.
Mr. MiTLER. And the couple was an out-of -State couple from New
Jersey ?
Dr. Stratos. They were out-of-State people, yes.
Mr. MiTLER. You know that the child was not born in Roosevelt
Hospital ?
Dr. Stratos. I did not have any idea where it was born and where
it belonged whatsoever. I knew it was placed by a lawyer who was
aware of the law, sir.
Mr. MiTLER. To whom did you give the $1,250 ?
Dr. Stratos. I asked for the money. "Do you have the money?"
He said, "Yes."
I said, "Give it."
I took the money and handed it over to Dr. George, and eventually
he walked just a few steps away where Mr. Sherrill or Sherry — I don't
remember his name — I met him for a few minutes.
Mr. MiTLER. In any event, the point is that you passed the money
to the doctor. Dr. George Yakalis ?
Dr. Stratos. Yes.
Mr. MiTLER. You do not know what happened after that ?
Dr. Stratos. No. I saw what happened because I was present, sir.
Mr. MiTLER. Where did the money eventually go ?
Dr. Stratos. Dr. George gave it to Mr. Sherril.
Mr. MiTLER. Thank you very much.
Chairman Kefauver. Let us go to the next doctor.
Mr. MiTLER. Your name is Dr. George Yakalis ?
Dr. Yakalis. Yes.
Mr. MiTLER. You are the administrator of Roosevelt Hospital?
Dr. Yakalis. That is right, Mr. Mitler.
Mr. MiTLER. Do you remember this incident about which we are
talking?
Dr. Yakalis. I remember it very well.
Mr. Mitler. Mr. Sherril has testified that he received $500. I think
you can hit the highlights right away. What happened with the
$1,250?
258 JUVENILE DELINQUENCY
Dr. Yakalis. Well, I will tell you
Mr. MiTLER. Where did it go ?
Dr. Yakalis. As Dr. Stratos stated, it was passed to me and Mr.
Sherrill was standing about 2 or 3 feet away. I handed it over to Mr.
Sherrill. Mr. Mitler, please pay attention to me. I handed it over to
Mr. Sherrill, and I asked him to count the amount. I said, "Count
it." He counted it and he said, "$1,250, all here."
Mr. Mitler. How much money did you retain ?
Dr. Yakalis. Not a penny. This was strictly a convenience because
Dr. Stratos had asked me quite a while ago if I knew of any adoption,
and may I state, Mr. Mitler, that since we are on the subject, that
this particular baby, when Mr. Sherrill called the hopsital, he re-
quested, that this child not be sent to a home because it was a 2-week-
old child that we could keep or accept into the hopsital. It was not
mentioned that it was going to be adopted until later on that day when
he called up and said or asked me do I have anyone.
Mr. Mitler. In other words, $1,250 was given to Mr. Sherrill, and
that is the thing ?
Dr. Yakalis. I am under oath and that is the honest-to-God truth.
Mr. Mitler, Was there another case in 1954 where the natural
mother stayed in the hospital for 77 days ?
Dr. Yakalis. Yes. I can clarify that.
Mr. Mitler. Give me an opportunity to ask a question. Was there
not a case in which the natural mother was in the hospital 77 days be-
fore birth ?
Dr. Yakalis. That is right.
Mr. Mitler. How much was paid by the adoptive parents to the
hospital ?
Dr. Yakalis. I do not remember offhand. I think the bill was
$1,(')04. I think there was a
Mr. IMitler. Does that include the fee for the attorney for the
adoption ?
Dr. Yakalis. It does not include the money for the attorney or for
the doctor. That was just hospital expenses.
Mr. Mitler. In that case, did Dr. Stratos have anything to do with
that?
Dr. Yakalis. That case was adopted by — I won't mention any
name. It was adopted by friends of Dr. Stratos who are close to him
and were with him constantly.
Mr. Mitler. You told me the other day that the legal fee was paid
to the hospital.
Dr. Yakalis. The legal fee was paid to the hospital.
Mr. Mitler. Have you paid the lawyer as yet ?
Dr. Yakalis. We have not paid him because we have the transac-
tion of collections. He collects for us a lot, so we have not paid him
as yet.
Mr. Mitler. I have no further questions.
Chairman Kefauver. Thank you very much. Doctors.
For two days now the subcommittee has heard testimony as to inter-
state adoption practices. Our inquiry has covered several areas of
the country.
Attorney General Patterson told us of the ugly situation that existed
in Phenix City and pointed out the close connection between the selling
of babies and other crimes.
JUVENILE DELINQUENCY 259
We were, however, more interested in the situations illustrated than
the places and persons involved. General Patterson discussed the in-
adequacy of existing laws to prevent the interstate sale of children.
Mary Grice, the very capable reporter of the Wichita Beacon, told
us of the practice of local lawyers selling babies in her State.
In line with the policy of this subcommittee to give everyon a chance
to be heard, we did not call the names of these lawyers. It is our hope
that the citizens of Wichita will see to it that the baby selling business
does not continue in that area and these lawyers certainly ought to be
put to answer and to account for the practice of which Miss Grice told
us here. Miss Grice's testimony provided the subcommittee with es-
sential information on how one phase of interstate adoption business
works.
Yesterday and today we heard about conditions in Augusta and we
heard of children from that area being placed in many different States.
In the final analysis it remains for the citizens of that fine and proud
State to determine what action should be taken. Personally, I find
it highly inconsistent that a person, especially a judge be allowed to
terminate the rights of a mother then place her child for adoption,
and charge the adopting parents a fee for services rendered and then
possibly defend his own action before the judges who appointed him
to office in an adoption proceeding. The position of Judge Woodward
shows that he was charging $250 for these mimeographed briefs to be
sent out. In some cases they were sent out and in other cases testimony
shows that practically nothing was sent out. It seems to me that this
is an excuse for securing payment from adoptive parents in order to
let them have the children.
Some of the cases here discussed were heartbreaking. Nothing is
more heartbreaking than to unnecessarily separate a mother from her
child against her will. In some cases the separation was to the benefit
of the child. However, even then every possible precaution must be
exercised to protect both the parent and the child. There is no ex-
cuse for giving a mother 1 day's notice for a hearing that takes place
in which her parental rights are to be considered.
Our witnesses this afternoon have shown the grave dangers involved
in having irresponsible people handle baby adoptions. It is clear to
all of us here that the life of a child is not something to be handled
but for the sake of a few dollars. Certain safeguards must be main-
tained, and to do less is criminal itself.
Our witnesses these 2 days have merely highlighted what is the situ-
ation in other parts of the country. Their testimony truly indicates
that there must be steps taken to protect these helpless children.
In all candidness I must say that I do not believe legislation will
clear up this baby selling business. It remains for local action at the
local level to eliminate this problem. People who have kind con-
sideration of this problem are not parties to be baby salesmen. It is
only the community itself that can provide this understanding and
care.
Nevertheless, Federal legislation is needed. As I view this legisla-
tion, it must insure that interstate adoptions are subject to profes-
sional review. One of the main tenets of such legislation should be
the preplacement examination of adopting parents and of their homes.
In most cases when a child has been placed by individual methods, the
260 JUVENILE DELINQUENCY
investigation, when it is made and if it is made at all, is made after
the child has been placed in the new home. It goes without saying
that legislation is needed to stop the interstate sale of children.
It should be a Federal offense to sell babies across the State lines
unless there has been some preexamination of the home, and then it
would have to be under strict rules. Within the State sale of babies
should be an object of State attention.
Vitally needed is a lot of community thinking on this problem.
Local groups of responsible citizens should investigate their own
situation. They should make recommendations according to their
findings. We feel that confidential facilities must be offered on the
local level to these young unmarried mothers. This service should
be professional in scope and coordinated through one contact. We
should not have unmarried mothers search all over the town for dif-
ferent facilities available to them.
Certain sections of this country have become gathering places for
the unmarried mothers. This places a burden on certain communities
which is not rightly their burden, as we have heard about in Florida.
The same is true in California. Obviously, no facilities can be made
available or, in any event, are not available to the unmarried mothers
because they are not residents of this section, and as has been stated
here, money is not available to give everybody attention. This con-
dition plays right into the hands of the baby broker.
The bills that we have under consideration to control interstate
adoption must be reviewed in the light of the evidence we have re-
ceived here. The best possible bill on the subject will certainly be
presented at the next Congress and in the next session.
I want to thank Mr. Mitler and the others who have worked up our
hearings here. I think we have had a very successful hearing here. I
think the testimony will do much to help guide the Congress on legisla-
tion that will be considered in the next session. I hope that a valuable
sidelight or side product from our hearing may be putting the light
of public opinion on this problem in Florida, in Alabama, Georgia,
Kansas and other States. I think that other communities and peo-
ple there will do what is necessary to assume their responsibility in
the matter.
Tomorrow the subcommittee has a much more pleasant business.
We will hear from a number of Florida mayors on programs designed
to curb and control juvenile delinquency.
We are delighted with the fact that Florida does have so many eut-
standing and unique youth programs to help young people. I know
the hearings here tomorrow will be of great value to cities and com-
munities all over the Nation and I know everybody will be trying to
find out the answers to these matters that we have been discussing here.
We are sorry to keep evei-ybody so late. We will now stand re-
cessed until 10 o'clock tomorrow morning.
(Whereupon, at 6:20 p. m., the hearing was adjourned, to recon-
vene at 10 a. m., November 16, 1955.)
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