(navigation image)
Home American Libraries | Canadian Libraries | Universal Library | Community Texts | Project Gutenberg | Children's Library | Biodiversity Heritage Library | Additional Collections
Search: Advanced Search
Anonymous User (login or join us)
Upload
See other formats

Full text of "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"

(p7^2. ^f / 



HARVARD COLLEGE 
LIBRARY 




GIFT OF THE 

GOVERNMENT 
OF THE UNITED STATES 



JUVENILE DELINQUENCY 

(INTERSTATE ADOPTJgpi^fg^^JififcMlAMI, FLORIDA) 



DEPOSITED BY THE 



UNITED STATES GOVERNAiaHl 

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 



IIOMK r\'\n s I X'XTJFIVT":/, 

.lA 4-72U. AM )-l^:>67 

ACT^F FACF TPKATMFMT. IIMH 
AND F/'ALP, HY APi'(>lN'I MK%"i . 

WlIiL TARJ^ror elderly people in 



IC 



~^^^^ 



■J AfiU CHIMIN Ai 

^i^DOFTI«^?N! — Vounf? prof (-^'-Mnnal 
raupis* wt«?h^!5 to ad<>5)t <bi'-i *J1 

rltrlrm pro"!rl**f1 ,R(f^nHf^<« &h »- 
lut"l? CGnfMtnitml E^ndi* ? 
1B7F 






r\ 






In«urf it C8!! M'liunI of f^Ji^ba 
AM ^>-fi5^ 

Hihrr AnonymT7 

1251 H ToDPka _HU 4*458'? 

.TlVoprJON — Cmw^e d^f^lrei to 
nd'^p^ b?8by at birth Will urovlde 
^w-hi^ton if xini'(*?n^ry> ^^^l ^'^~ 
r?ome all «»xpens<^'^ H«r>1i^"> C'^>n* 
fif*?njt!ul Write P.O. Boi SfOl* 
Wirhlta, Rani^as. ^^^ __ _^___ 

.fKIJAF.f.E -bounlts wish tfi ^dopt 
J-)ab¥ Nice homf* A'.Miirm fxprnj^r^s 
^f.il fioiUi^ rare All r<"r)ll#>s eon- 
fr-oiml Fa^lt* Box 3'/6B 



c 






50 



JUVENILE DELINQUENCY 



(lood foot! and care, iw s: ww- 
Jf ^i^'^^^"i^^^ ___™__„^-„. -^ 

DR WAITER O DAVIS 
JA 4-7213, AM §-2567 



WTtL 



;«ot>1f^ In 



"hart DETECT1¥1 agenct 
DOMESTIC AND CHIMIN At CASEI^ 

ADOPTION "• Toimf oToff?nion0 
coiiplf wishes to adopt ehlld All 

e1u>iOD oro^lded Rsnl|fs mbRO- 
lut^lif confldeiitfm! Eas-fe Mr^T 
.tSTF 



inii$ r>ood ci^re 

YOTTNo. conPLK wf^rrin &dopt 

baby at birth A.'-Kumf rxpenso?: 
Replies confidsotiaL Write Eaifle 
Box 370B 

TOUR FTEALTK—ls rom wealtli 
Insure it Call Mutual of Orashj 
>M .S-S561 Bittinf 



Let Alexander Know 



If sewers clog 



O&il «0 4-i1F 



Alcoholics Anonyr^ 



|>efs®«*a^« 



siiburbftEi 



or in ^^m prT^, 
home. Call , am 



«P^lMsion If necessarf . »tio ^s 

= Wichita. _%5ii*5i„_„-^- - ^-~~^- 

-:^U ABL&- Cotml* wlsl^ ^J^n^nt?' 
bmby Nice home ^^'fl^f^^^ 
^r/d doctor cmre All jepltes con 
^ ^^ ^'^ tial_JEagle J^x_^§8B____ 



fchic ^^51^*1^^,^, 




I 







5 5'4K^-P<H^:-K54e.-: -Jrisi s'!'if5V£-%.:t! > 






O 
_J 



TION H VKRAl, XOTIfES 



__4 PF 

for, YO 



I Ad) 

. l\a: 

-y ont LOST KOl^D. Sfrsv-rt 

:k $1; J 
.Ml, $3 

owicir -*'*>* 

1^1.'""'. 'ru™ 25^ rwv,?^'-. 
McClou.1, AM2.(l.lj:'" i 



:>> 




"f "TIFIED Sl 



fK KSONAI. 8 ,. 

_NEEr>_ PRAITEP.' Aif2.3762 ' Ch^ 
_Natnropathlc remedies AMrTosiTl j^ 
I IKK 10 med m.in in ;il's doing' i<>i' 



';K.NT1,KMA\ .-ill V 

lad* 111 :iiri. jieuiin Box C-U; 
HKSTOI:a rUiN ,.f ,il.n>lml,)graul, 

STl mo. llj N. Broa<i»iiv 



h^l V 





rOUNG COUPLE— wish to tdODt 
babv at birth A.^Kume expenses 
Rrpliu confldenlltl Cade Bo> 



CHRISTIAN Care 
folkx Room 
Oood rood 



wm CARE- Por atderlr ceooie 
•IT prl»iu_ 

"^me WH 3-i2js 



HART DETKCTITf AOENCT 

OOUESTIC AND CRIMINAL CASE* 

Mil 3-M07 8H 4 ti33 




Let Aleit^nrle' Know 

• .''EWFniS CLOCi CALLH0 4-9m 

Alcoholics Anonymous t 

■M S toMlM - -•' BO <-4.S»'iT" 

Bn> OR AMBTTLATORY PA- 1 

TIFM3 Cared for In rooi pri- 

^ar^ suburban home Call AM 
S-9960 



ADOPTION - 








adoD* babt a 


birth 


Will or 


OT'd 


(f.-lu^lor. tl 


nrrenKai 


J an< 


aa 




enaek R^pllei 






lie »C 


Boi 


Ml 


Wichtta Kan 








SPECIAL CAR? for 


brdfatt 


convfclescent 


patient 


14 




/ire 5?oulhea 


r: room 


for 


ladT 



■) 




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 grandmother ? 

Miss Andrews. Yes ; I was. 

Mr. MiTLER. At about 4 a. m., did your mother say something that 
caused you to call a doctor ? 

Miss Andrews. Yes, sir. 

Mr. MiTLER. What did youi- mother say. Miss Andrews ^ 

Miss Andrews. She told me that she was feeling pain. She had 
been sick. She told me — she gave me a number and told me to call 
Dr. Cole. 

Mr. MiTLER. Did you call \)v. Cole, Miss Andrews { 

Miss Andrews. Yes, sir; I did. 

Mr. MiTLER. Did Dr. Cole come ? 

Miss Andrews, Yes ; she came. She was there within half an hour, 
45 minutes later. 

Mr. MiTLER. Did your mother then leave ? 

Miss Andrews. Yes ; she did. 

Mr. MiTLER. At what time did your mother come back to the house ? 

Miss Andrews, I was asleep. I was up at 7:30. It was approxi- 
mately between 6 and 7. 

Mr. MiTLER. You only learned later that your mother was having 
a baby at that time. You did not know it at that time ? 

Miss Andrews. No, sir. I did not. 

Mr. MiTLER. So that your mother was away from the house, de- 
livered a child and returned in about how much time? 

Miss Andrews. Approximately 3 hours. 

Mr. MiTLER. In what condition was your mother when she returned 
to the house ? Was she sick ? 

Miss Andrews. Pardon ? 
• Mr. MiTLER. What was your mother's physical condition when she 
returned to your house ? 

Miss Andrews. She was hemorrhaging. She was pretty bad off. 

Mr. MiTLER. Did she continue to hemorrhage during the morning? 

Miss Andrews. Yes, she did all day long. 



JUVENILE DELINQUENCY 205 

Mr. MiTLER. Did there come a time in the afternoon when you 
called Dr. Cole? 

Miss Andrews. Yes, I did. ■j.r, t^ n i i-r. 

Mr. MiTLER. And did somebody else come over with Dr. Cole to 

vour house? . , , , n 4. 

Miss Andrews. Yes. There was a man with her, or she came hrst 

and then she called him. 

Mr. MiTLER. Do you know that man's name ( 
Miss Andrews. I know his name, but I can't pronounce it. 
Mr. MiTLER. Was it Dr. Suarez, Miss Andrews ? 
Miss Andrews. Yes, it was, sir. , • 1 ^ • 

Mr MriLER. AVlien they came and saw your mother in that serious 
condition, did they right away take her to one of the local hospitals? 
Miss Andrews. No, sir. 

Mr. MiTLER. What did they do ? ^, ^ in 

Miss Andrews. They kept her in the bedroom. The door was closed. 
Grandmother and I were in the living room. Then Dr. Suarez came 
out and went in his car, and he got two bottles of blood plasma, i 
thought, at the time. I did not know. They went back in the room, 
and then a little while later they called my grandmother in the bed- 
room. They thought that my mother was dying, which she was then. 
Mr. MiTLER. Mrs. Andrews, what did you hear Dr. Cole say to Dr. 
Suarez in that room ? ^ -, ^ ^ ^^ . 

Mrs Andrews. She said that mv daughter wanted to talk to me. 
I knelt down at the side of the bed, and I rubbed her hand, which 
she asked me to do. 

Mr. MiTLER. A little bid louder. 

Mrs Andrews. They went to work on her, massaged her and got the 
blood circulated. They pulled her through. She said later, "I thought 
I would die, but I feel a hundred per cent better now." 

Mr. MiTLER. Mrs. AndreAvs, would you talk into the big microphone. 
We cannot hear you too well. 

Mrs. Andrews. When they pulled me in the room, they thought my 
daughter was dying. She asked for me to come in. I Imelt down by 
the side of the "bed! She said, "Mama, rub my hand.*' I did. She 
said, "I'm dving." „ . , „ ^^ 

I said, "No, you are all right. You will be all right. ' They were 
still working on her. Finally, the doctor asked her if she felt better. 
She said "Yes I do. 

She said, "I was dying, but now I feel one hundred per cent better." 
Mr. MiTLER. By the way, tliey did not use blood plasma, did they^ 
Was it not some other substance ? t j ' i 

Mrs. Andrews. It was some kind of a white substance. I don t know 
what it was. . , 

Mr. MiTLER. To get back to Miss Andrews again; Miss Andrews, 
after awhile did Dr. Cole and Dr. Suarez leave? 

Miss Andrews. Yes, they left. t i i ^ » 

Mr M1TT.ER. Did vou think thev were regular medical doctors ( 
Miss Andreavs. At the time I did, but then I got to looking more at 
them and they did not act like doctors at all to me really. 

Mr. jVIiti.er. What happened next after that ? Did your mother 
start to hemorrhage again ? 



206 JUVENILE DELINQUENCY 

Miss Andrews. After they pulled her throu^rh that first attack, she 
thought she would be all right and they left. They were gone I would 
say about 15 minutes to half an hour. Later she went into another 
attack. I got scared and I went and called an ambulance. I also 
called Dr. Cole, and we called my aunt. 

Mr. MiTLER. The ambulance arrived at your house at about the same 
time as Dr. Cole ? 

Miss Andrews. Yes, sir. 

Mr. MiTLER. Where did you tell the ambulance driver you wanted 
your mother taken ? 

Miss Andrews. We all told the ambulance driver to take her to 
Jackson, 

Mr. MiTLER. By "Jackson," do you mean Jackson Memorial Hos- 
pital here m Dade County ? 

Miss Andrews. Yes, I do. 

Mr. MiTLER. That is the county hospital ; is that right ? 

Miss Andrews. Pardon. 

Mr. MiTLER. That is the county hospital in Dade County? 

Miss Andrews. Yes, it is. 

Mr. MiTLER. Do you know how far it is from your house, iust 
generally? 

Miss Andrews. It is approximately 4 miles. I am not saying for 
sure. It is about that. 

Mr. MiTLER. When Dr. Cole arrived, what happened ? 

Miss Andrews. She came and she said to take her to LeJeune 
Hospital. 

Mr. MiTLER. Did you ever find out how far LeJeune Hospital was 
from your house ? 

Mis Andrews. Xo. It is quite a distance. It ranges from 15 to 
20 miles, at least. 

Mr. MiTLER. Are you sure about the distance ? 

Miss Andrews. Yes, sir. 

Mr. MiTLER. In any event, it is certainly a lot farther than Jackson 
Memorial Hospital ? 

Miss Andrews. Yes, sir. 

Mr. MiTLER. What happened then ? 

Miss Andrews. Well, they left. My grandmother got in the am- 
bulance with my mother, and my aunt followed in her car, and Dr. 
Cole followed. 

Mr. MiTLER. In other words, Dr. Cole disregarded or countermanded 
your suggestion or your direction and arranged to have your mother 
taken to a hospital that was a lot farther aAvay than Jackson Memo- 
rial Hospital ? 

Miss Andrews. Yes, quite a bit further. 

Mr. MiTLER. You did not go to the LeJeune Hospital ? 

Miss Andrews. Xo. I did not go. I stood home and took care of 
my brotlier and sister. 

Mr. MiTLER. At any time that afternoon when Dr. Cole was at your 
hou>^e, did she su«r!xest that your mother be brought to a hospital? 

Miss Andrews. No, sir. 

Mr. MiTLER. Turning to Mrs. Andrews, did you then leave the house 
in a car and try to find out where they were going? 

Mrs. Andrews. I went in the ambulance with them. 

Mr. MiTLER. I am sorry. Where did they go ? 



JUVENILE DELmQUENCY 207 

Mrs. Andrews. They went out to LeJeune Hospital. That was just 
about a half block from the bus station. I do not know what street 
it is, but it is in Coral Gables. 

Mr. MiTLER. What happened at the LeJeune Hospital ? 

Mrs. Andrews. They received her in an emergency, and they went 
to work on her right away. 

Mr. Mitler. Would you talk just a little closer to the microphone 
and a little louder. 

Mrs. Andrews. I will. 

Mr. Mitler. What was the result ? What finally happened to your 

daughter? . mi i i 

Mrs. Andrews. Well, she was there for a long time. They worked 
patiently on her. There were nurses and doctors working on her. 
Then, they asked me to leave. They said that I might see something 
that I would not like. 

I left, and I sat in the waiting room. It was not very long betoro 
they came and told me that they did not think— they were afraid she 
would not pull through. They said, "We are not sure yet," and I 
waited a while. 

Mr. Mitler. Mrs. Andrews, did your daughter pass away then ? 

Mrs. Andrews. Yes. She went in there about 5 o'clock, then she 
was pronounced dead. 

Mr. Mitler. Did you exjjress to me the feeling that you thought it 
was unnecessary that she died, that she should have been brought to 
a hospital earlier in the day ? 

Mrs. Andrews. Well, yes, but I thought— I did not know these 
doctors, and I thought she was in good hands. They kept everything 
a secret from me. I did not know anything about what had gone on 

until after her death. , -n o t%- i 

Mr. Mitler. Do you know what happened to the child i Did you 

make an effort to see the child ? 

Mrs. Andrews. Well, Mrs. Cole brought me home and told me that 

she had given birth to a beautiful little blue-eyed baby, a girl. She 

said, "I have the baby at my home." I was very upset about my 

daughter, of course, and the next morning they came out and told 

us that the baby was fine and she said that she still had the baby. 
Mr. Mitler. Did you ask to see the baby ? 
Mrs. Andrews. Not at that time. We were making arrangements 

for a funeral. 
Mr. Mitler. Did you later ask to see the child ? 
Mrs. Andrews. Well, in the meantime I was grim- 
Mr. Mitler. I would like to highlight this. The child was placed 

for adoption by Dr. Cole; is that correct? 
Mrs. Andrews. I presume. Mrs. Graham said that she could not 

find the baby. That's all I know— what she told me. 
Mr. Mitler. I have just one more question from Miss Andrews. 
Is it a fact that your mother was bleeding for hours in your house 

before you called for an ambulance ? 
Miss Andrews. Yes, sir. 
Mr. Mitler. You put confidence and trust m the medical skill of 

Dr. Cole? 
Miss Andrews. Yes, I did. 
Mr. Mitler. How old were you at that time? 
Miss Andrews. I was 15. 



208 JUVENILE DELINQUENCY 

Mr. MiTLER. 1 have no further questions. 

Chairman Kefauver. Thank you very much, ladies. 

Call your next witness. 

Mr. MiTLER. 1 would like to call Dr. Williams. 

Chairman Kefauver. Mr. Mitler, let us get to the point. 

(Whereupon, the witness was duly sworn.) 

TESTIMONY OF DR. JOSEPH E. WILLIAMS, NATUROPATH, 

MIAMI, FLA. 

Mr. Mitler. Your name is Dr. Joseph E. Williams? 
Dr. Williams. That is right. 

Mr. Mitler. Would you get close to the microphone. 

Dr. Williams, I am going to highlight some of the testimony so 
that we can get to the pertinent points. Please try to cooperate with 
me. 

Are you a licensed naturopath physician ? 

Dr. Williams. Yes. 

Mr. Mitler. And are naturopaths licensed in the State of Florida ? 

Dr. Williams. Yes. 

Mr. Mitler. And up to June 1954 were you a part owner of the 
LeJune Road Hospital at Arkin Avenue and LeJune Road, Coral 
Gables, Fla.? 

Dr. Williams. Yes. 

Mr. Mitler. You knew Dr. Katherine Cole and Dr. Eduardo Suar- 
ez. two licensed naturopath physicians? 

Dr. Williams. Yes. 

Mr. Mitler. Neither of these doctors had hopsital privileges at the 
LeJune Hospital ? 

Dr. Williams. They did not. 

Mr. Mitler. On January 3, 1954, did you receive a call from a 
nurse at the hospital ? 
- Dr. Williams. Yes, at about 5 o'clock in the evening. 

Mr. ]\IiTLER. I hope you do not mind if I sort of guide you through 
the initial part. 

Did the nurse tell you that she had been told two conflicting stories 
about a case that was coming in ? 

Dr. WiLLL\MS. That was the reason she called. Dr. Cole had 
called and she had had another call from someone else — I don't recall 
who it was. The diagnoses were conflicting. 

Mr. Mitler. In other words, did Dr. Cole say that the patient was 
suffering from a heart condition? 

Dr. Williams. That is right. 

Chairman Kefal^er. Did I get that right, from a heart condition ? 

Dr. Williams. Yes, sir. 

Mr. Mitler. What had the other doctor told your nurse ? 

Dr. Williams. A kidney ailment. 

Mr. Mitler. So that these two rather contradictory diagnoses had 
provoked your nurse's suspicion ? 

Dr. Williams. Yes. She said she felt that I should be there. 

Mr. Mitler. Did you go to the hospital ? 

Dr. Williams. Yes. 

Mr. ]SIiTLER. And when you arrived there, you arrived at about the 
same time as the ambulance did from Lithgow ? 



JUVENILE DELINQUENCY 



209 



Dr. Williams. Yes, sir, 

Mr. MiTLER. Without going into details, at about the same time or 
shortly thereafter Dr. Suarez arrived and then Dr. Cole? 

Dr. Williams. I am not sure whether Dr. Suarez was m the ambu- 
lance or not. Dr. Cole came a few minutes later. 

Mr. MiTLER. And the patient was Clarice Sharrer ? 

Dr. Williams. Yes, sir. 

Mr. MiTLER. And was she dying from loss of blood ? 

Dr. Williams. Yes. She was in critical condition. 

Mr. MiTLER. She had been hemorrhaging ? 

Dr. Williams. Yes. 

Mr. MiTLER. And what was her condition when you saw her i How 
close to death was she? 

Dr. Williams. Weil, she was not breathing deep. She had very 
poor pulse and her color was very pale, just as you usually find one 
who has lost a great amount of blood. 

Mr. MiTLER. You did everything you possibly could i 

Dr. Williams. Everything possible. 

Mr. MiTLER. You used blood plasma ? 

Dr. Williams. Yes. 

Mr. MiTLER. Intravenous fluids ? 

Dr. Williams. Yes, sir. 

Mr. MiTLER. Stimulants ? 

Dr. Williams. Yes. ^ , -, -r.- t^ ^ x o 

Mr. MiTLER. You also called the Coral Gables Fire Department i 

Dr. Williams. Yes, and we turned the ambulance around to go 
back to the blood bank to bring blood. 

Mr. MiTLER. In any event, your maximum efforts were not sufli- 

cient and she did pass away ? 

Dr. Williams. She expired about 6 : 15. 

Mr. MiTLER. What was the cause of death m your opinion? 

Dr. Williams. Post partum hemorrhage. 

Mr. MiTLER. Dr. Williams, you have now heard, as a result of my 
interviews with you and with the homicide division of the Miami 
Police Department, the full picture ? 

Dr. Williams. Yes. 

Mr. MiTLER. And you understand that the girl, the natural mother 
in this case, left her home at 4 a. m. and returned at 7 a. m. ? 

Dr. Williams. That was my understanding, yes. j. , i ? 

Mr. MiTLER. She was hemorrhaging during the course of the day { 

Dr. Williams. Yes. . . 

Mr. MiTLER. I want to ask you what, m your opinion, should have 
been done in that case and what your evaluation was of the medical 
skill exercised in that case ? 

Dr. Williams. Well, the post partum hemorrhage that continues 
tliroughout several hours certainly should be treated as a serious 
condition, and she should have been hospitalized. i x ^u 

Mr. MiTLER. In other words, she should have been taken to the 
hospital earlier in the day ? 

Dr. Williams. Definitely. i <? i 

Mr MiTLER. What was your opinion of her being taken trom her 
home at 4 a. m. and being brought back at 7 a. m.? Do you tlimk 
that is a little too quick in connection with the delivery ot a child? 



210 * JUVENILE DELINQUENCY 

Dr. Williams. Well, according to the best obstetrical procedure, 
getting a woman out of bed ^yitllin 3 or 4 hours after a baby is born 
is not considered abnormal. The mechanics of walking or being up 
would not predispose the uterine hemorrhage, but being without med- 
ical attention or expert observation where she could not have drugs 
that would help to prevent the hemorrhage in case the uterine muscle 
fibers did relax 

Mr. MiTLER. To put it very simply, should she have been in the 
hospital during the course of that day ? 

Dr. Williams. Either in the hospital or being observed by some- 
one who would know what to do. 

Mr. MiTLER. What is a naturopath? I know that you are very 
strong on the subject and you have strong feelings concerning it, but 
tell us about it as briefly as you can. What is a naturopath? 

Dr. Williams. Well, I will answer you in this way: I can intel- 
ligently 

Mr. MiTLER. What is a licensed naturopath's position? What are 
their duties, what are they permitted to do? If you prefer not to 
answer the question, that is all right. 

Dr. Williams. Well, they are certainly licensed to do obstetrics, 
licensed to practice other than surgery. We are not surgeons. 

Chairman Kefau\t:r. Thank you very much for your cooperation. 
You look to me like a very good man. Doctor. 

Do you have any further questions ? 

Mr. MiTLER. Was there a police investigation of this case? 

Dr. Williams. Yes. I called the Coral Gables Police Depart- 
ment when the patient died, and they in turn, as I understand it, 
called the Miami Police Department. The Miami Police Department 
notified the sheriff's department. 

Mr. MiTLER. Did a private investigator 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.) 

' X 



BOSTON PUBLIC LIBRARY 



3 9999 06350 365 8 



^^ lw^t« syb?. ^Lr^