APPEAL BY PRIEST

Evening Post, Volume CXXXV, Issue 67, 20 March 1943, Page 6

APPEAL BY PRIEST

HABEAS CORPUS ACTION

An appeal from a judgment of Mr. Justice Northcroft in habeas, corpus proceedings undertaken by Mathew Joseph Fogarty, Roman Catholic priest, of Geraldine, was heard by the Court of Appeal this week. " ' ' «,".' . The Court consisted, of the Chief. Justice (Sir Michael Myers), Mr. Justice*" Blair, Mr. Justice Smith, and Mr. Justice Fair. . Mr, A. C. Perry appeared for the appellant, Father Fogarty, and Mr. D. W. Russell for the respondent, Agnes Isabella Prouting, married woman, of Belfield, Orari. . The original application, which: was refused by Mr. Justice Northcroft, was for custody and control of the two children, aged 13 years and eight years respectively, of the late Eugene Brick McSweeney, farmer, of Winchester, under whose will Father Fogarty. was appointed trustee of the estate and guardian o£ the children, with a direction that they be brought up in the Roman Catholic faith. The children had been placed in Mrs. Prouting's care by their parents some months before Mrs. McSweeney's death from illness in 1939.

Among the principal facts presented to the Court of Appeal it was shown that McSweeney was a Roman Catholic, while his wife was a Protestant. With the latter's approval the. children were baptised in the Roman Catholic faith. Mrs. Prouting, in her affidavit, stated that they had been brought up as Protestants, while Father Fogarty, in one of his affidavits; said that from time to time during the lifetime of their parents he had interested himself in the spiritual welfare of the. children so far as their ages permitted. He also stateti that it was proposed that they' should be cared for by a niece of McSweeney. In his judgment Mr. Justice Northcroft expressed the view that the welfare of the children was best served by leaving them with the Proutings. He pointed out that only when he was prevented' from giving the children religious instruction did Father Fogarty take any steps to remove them from th; Proiitings' home. "When these considerations are added to the direct evidence upon the character of that home and upon the manner in which the children have been cared for," his Honour said, "I am left with no doubt that their removal therefrom is not required on any material grounds. I do not think lam required in these proceedings to decide which Church is the more suitable for their religious instruction, even were I competent to do so and had been assisted by evidence upon it." Decision was reserved. ■ ••

With the consent of the Minister of Internal Affairs, Mr. Parry, the Wellington Fire Board has sold the halfacre of land in Adelaide Road," overlooking the western bank of Athletic Park, which it has held since 1928^ to Mr. A. C. Jensen for £1720.