The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-12-31
A PHILADELPHIA CASE.
A Mother sues for the Custody of HoR
Child - Cruel Abandonment Of the
Child by Ats MOther-A Dark Page I'm
Married Life-DisOrderly Conduct at a

hAkEAeO AlAe-OlbOrOeEly OOhNucL At n
Funeral.
Within the past month, Judge Brewster had
before him an interesting case, somewhat out
of the usual routine of Orphans Court business.
The custody of child was involved, and the
dispute necessitated a reference to an Examiner
to take testimony. The developments were OF a
somewhat racy character The substance of the
case is this:-
The case came before the Court upon the petit
tion OF Mrs. Annie r. B. Smith, as follows;-
"The petition OF Annie r. b. Smith, the widow of
Abel &. L. Smith, respectfully presents;-rhat she
Is over twenty one years of ages that the saId Abel
ing a will dated November II, 1866, by which he
devised, after certain specific legaces twothirds of
your petitioner, widow Of said % dscedent; tbat by %
appraisement filed, the personal estate is appraised
al ga LOG ". and appointed hs brothers as execu
tors, viz:-E A. Smith and NJ. j. B. Smith; that
the real estate, as far as she present knows, was
devised to his brothers, the executors. She prays
tnat she be appointed al guardian of the person and
estate OF said child, now of the age of six years"
This petition brought forth an answer from
Mrs. Hannah Smith (the mother of A. C.iT.
Smith, the deeeasedl, in which she alleged that
the child had been abandoned by its mother 1.-THE
peutioner) forty-eight hours after its birth, and
that since that ume she (the grandmother) had
had exclusive control OF the little one. In add-
ton to this answer, Mrs. Hannah Smith filed
her petition to be appointed guardian of the per-
son and estate of the child.
The case was now referred to an Examiner TO
take testimony, in order to settle the merits OF
the dispute between the parties.
The Examiner having completed his labors,
the case came before Judge Brewster for adjudi
cation.
1t appears from the testimony, that on the Sd
OF February, 1859, Miss Annie r. Benners,
young lady of about eighteen years of age, was
married 10 Mr.. Abel G. I. Smith, gentleman
some five or six years her senior. Everything
passed of pleasantly till July IL, 1859, when the
wife left her husband and returned to her
parents, on North Broad street, assigning as
reason that her husband frequently cursed and
on one occasion kicked her.
AT the time of the separation Mr.. Smith was
about starting on pleasure excursion, and
during his absence his wife removed the greater
part of the turni ture which had been presented
to her by her father at the marriage. 1t was
believed then that the separation was final. On
Mr.. Smiths return a reconciliation took place,
the husband consenting to reside with his wife
at her fathers house, where, as it was alleged
by Mrs: Smith, his conduct could be observed.
, Nothing occurred till September, 1859, when
they again separated. According to the testi-
moEy of Edmund A. Smith, brother of Abel,
tnat gentleman camel to his house about IL
o'clock at night, stating that Mrs. Benners
would not allow him to enter her house because
he had taken his Edmund A. Smlth's) wife and
his sister Amelia out riding in the afternoon.
He asked his brother to smell his breath, which
he did, and pronounced him perfectly sober.
Mrs. Smith, the vile, explains the separation
IN this wise:-Her husband had engaged to
take. her to the Academy of Music on the even
ing in question, but did not reach home until
late. He was then into xicated, but Mrs. Smith
and her sister accompanied him to the theatre.
Upon their, return she asked him to explain his
he had had some ladies out riding with him,
and had stayed 10 supper with them at Point
Breeze Park. He said he loved these
ladies better than he ever loved me, and
when asked who they were, he said | am not
going to tell you. then made the remark, that
If they were ladies they would not take supper
with married man, He then said he did not
care much whether I would live with him
n n a al nr OH Aft1y
to the Montgomery Hotel, or ifnot, you can GO
to me devil. declined dong either. He then
left the house.
Subsequent to this, Mr.. Smith made appeal to
his wife and to her parents but without effect,
the wife asserting, before the Examiner, that
the letters were Hsoit.n Mr.. Smith then cou.
tinued to reside with his mother, Sixth street,
On the 22d of December, 1859, Mrs. Abel
Smith gave birth to daughter. And here COM
menced the real difficulty in the case. Mrs.
Hannah Smith, the paternal Grandmother,
swears that before this child was forty-eight
hours CID Mrs Benners brought it to her Mrs.
Smiths) house. 1t was born on Thursday night
about eleven o'clock. and was brought to her
house on Saturday following about noon.
Mrs. Benners testified hat there had been
threats upon the part CT Mr. Smith to take the
child after its birth, and accordingly told her
daughter it would be much better TO let him
have it before she had become attached to it.
She further stated she had kept the child in the
house two days and nights after its birth.
The child was chlistened "Annie," and re-
mained under the care of its grandmother, Mrs.
Smith 1t was very i'll on several occasions, but
the mother was never called to see it, giving as
a reason before the Examiner that she was
afraid Of violence at the hands of her husband.
It was also alleged, on the part of the wife,
that the grandmother was in the habit of taking
the child carriage riding on Broad street, and
that In passing her house the child was held to
the carriage window in order to tantalize the
mother. MIR. Smith, the grandmother, denied
this allegation.
ON the 22d of November, 1865, Mr.. Smith
died. A short time before his death he required
his mother to promise that she would always
keep the child, and provide for it. Two days
after the decease of Mr.. Smith, Mrs. Benners
and daughter called at the house where the
body was lying, and according TO the testimony
OF Charles n. Kirkpatrick, asked if Mrs. Smith
was in, and on being answered in the aftirma-
she could not see Mrs. Smith, when Mrs.
Annie Smith entered and demanded her
child. Mrs. Wilson told her she could not
have 1t. Mrs. Annie Smith replied, she would
not leave the house till she got the child and
had seen Mrs. Smith. Mrs. Wilson ordered Mr.
Jones to put them out. While performing this
unpleasant duty, Mrs. Benners made use of the
expression, If you. .putlyour hand on me you are
dead mani" her daughter Annie in Ginning
with, 'foudare to touch my mother, and you
are deadman."
After they left the house, out on the pavement,
they talked so loud that it attracted the atten-
tlon OF the passers.by, so much so that a gentle
man, Mr.. Husbaun, came into the house and
wanted to know what was the matter. Mr.
smith was buried November "a, 1865.
Mrs. Benners and Mrs. Smith DENY the correct
ness OF this account of the visit in its material
portions, and allege that when ordered out the
gentlemen rudely got up to push them out.
THE DECISION OF THE COURT.
This is the substance of testimony after II had
been reported 10 the Court The case was
argued before Judge Brewster by Mr.. Juyenal
on behalf OF Mrs Abel Smith. but the Court