The First Chapter Of Children’s Rights


The lawyers Gerry and Monell gathered several witnesses against Mary Connolly, among them neighbors, Wheeler, and Mary Ellen herself. Margaret Bingham said she had seen the child locked up in a room and had told other neighbors, but they said there was no point in interfering since the police would do nothing. Bingham had tried to open the window of the child’s room to let in some air, but it would not lift more than an inch. As a constant presence and reminder, a cowhide whip was locked in the room with the child. Wheeler recounted her first visit to Mary Ellen, during which the child washed dishes that seemed twice her size and was apparently oblivious of the visitor’s presence. The whip lay on the table next to her. The next day, when Wheeler came by again, the child was sewing, and the whip lay on a chair near her.

Then it was the mother’s turn to testify. On the witness stand Mary Connolly showed herself to be a woman of some spirit. Despite her treatment of the child, there is something compelling in Connolly’s strength and humor. At one point the prosecutor asked if she had an occupation beyond housekeeping. “Well,” she said, “I sleep with the boss.” As the trial wore on, she became enraged at Gerry’s prodding questions; finally she accused him of being “ignorant of the difficulties of bringing up and governing children.” Yet she admitted that contrary to regulations, in the six years she had Mary Ellen in her custody, she had reported on her condition to the Commissioners of Charities and Correction only twice.


Two indictments were brought against Connolly, the first for her assault on the child with scissors on April 7, the second for the continual assaults inflicted on the child throughout the years 1873 and 1874. After twenty minutes of deliberation the jury returned a verdict of guilty of assault and battery. Connolly was sentenced to one year of hard labor in the city penitentiary, then known as the Tombs. In handing down this sentence, the judge defined it not only as a punishment to Connolly but also as a statement of precedence in childabuse cases.

Mary Ellen never returned to the Connollys’ home. In the ensuing months the publicity that her case received brought in many claims of relation. But on investigating, her guardian, Judge Lawrence, discovered the stories were fictions, and he finally placed the child in the Sheltering Arms, a home for grown girls; soon after, she was moved to the Woman’s Aid Society and Home for Friendless Girls. This mirrors another critical problem in the system’s treatment of minors. All juveniles were handled by the Department of Charities and Correction, and whether they were orphaned or delinquent, their treatment was the same. And so it was that the ten-yearold Mary Ellen was placed in a home with mostly delinquent adolescents.

Etta Wheeler knew this was wrong for Mary Ellen, and she expressed her hesitations to Judge Lawrence. He, in turn, consulted with Henry Bergh, and eventually they agreed to turn the girl over to Etta Wheeler herself. Unable to imagine giving up her work in the slums of New York City but believing that Mary Ellen deserved a better envi- ronment, Wheeler brought the child to her mother in North Chili, New York. Wheeler’s mother became ill shortly afterward, and Mary Ellen was raised mostly by Wheeler’s sister.

Here began a new life,” Wheeler wrote. “The child was an interesting study, so long shut within four walls and now in a new world. Woods, fields, ‘green things growing,’ were all strange to her, she had not known them. She had to learn, as a baby does, to walk upon the ground,—she had walked only upon floors, and her eye told her nothing of uneven surfaces. … But in this home there were other children and they taught her as children alone can teach each other. They taught her to play, to be unafraid, to know her rights and to claim them. She shared their happy, busy life from the making of mud pies up to charming birthday parties and was fast becoming a normal child.”

The happiness of her years in the upstate New York countryside lies in stark contrast to her early childhood. And indeed, as Wheeler wrote, she learned by example the ways of normal childhood. She grew up strong and well, learning how to read and playing with friends and pet kittens. In 1875 Wheeler reported to Gerry that Mary Ellen was growing up as a normal child. “She has some faults that are of the graver sort. She tells fibs and sticks to them bravely, steals lumps of sugar & cookies and only confesses when the crumbs are found in her pocket—in short she is very much like other children, loving—responding to kindness & praise, hating a task unless there be a play, or a reward thereof, and inevitably ‘forgetting’ what she does not wish to remember—what children do not do some or all of these forbidden things! She is a favorite with nearly all the people who have come to know her.”

When she was twenty-four, Mary Ellen married a widower named Louis Schutt and with him had two children, Etta—named after the woman who had rescued her—and Florence. She adopted a third, orphaned child, Eunice. She also raised Louis Schutt’s three children from his first wife.