The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1875-08-22
FATHER OR MOTHER :?
Which Shall it Be?
An Affecting Case.

The case came up on Thursday. Mrs.
Smith or Mrs. Robinson, just as you please
to call her, applied for a writ of habeas cor
pus, calling on Ed. Smith to produce in court
the body of Adeline Smith, little girl. and
to show cause why Adeline Smith should not
be delivered to Mrs. Smith or Mrs. Robinson,
as you please.
Mr.. F. G. Chamberlain appeared for Mrs
S. or R., and Arthur Gastinel, Esq, for Ed
Smith. The case was continued until Satur-
day, and yesterday being Saturday, the case
was called.
Mrs. Smith or Robinson, as you like it, was
in court with a number of women as wit
nesses to prove her character, and Ed. Smith,
with the little girl, was in court, with num-
Der of witnesses to prove the character of
Mrs. 8. or R.
The little girl was as pretty as picture,
neatly dressed, clean, and intelligent-looking,
her rosy cheeks growing redder and anon
blanching with the excitement
The case opened. Counsel for the defense
introduced witnesses to show that Ed. Smith,
the father of the child, was better able to take
care of it than the mother of the child.
Mrs. Smith, or Mrs. Robinson, and other
witnesses fer the defense, were introduced to
show that Mrs. S. or Mrs. r. was not proper
person to have control of the child; that she
drank, and that she ill.used the little thing,
and all that these witnesses were introduced
to prove, they did prove.
The prosecution introduced witnesses, who
testified that Mrs. s. or r. was in condition
to provide for the child, that she (Mrs. s. or
r. was hard working woman, that drank
but did not get drunk.
The Court, the same being Judge Abel, de-
cided that under the law and the evidence
the mother, Mrs. s. or Mrs. r., was entitled
to the child, and SO decreed.
The mother - Mrs. S. or Mr.. Rap
preached the little girl and caught hold of
her. The little one screamed and chung to
her father, but Mrs s. or Mrs. R. was
stronger than her daughter, and dragged her
away, the child all the time calling Papa,
papa. don't let her take me"
The woman, catching the child by the
arms, half dragging, half carrying her, with
ordinations, "come with me-" got her out
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caught by some of the witnesses-sad to say,
women, all of them-of Mrs. S. or R. and
held, but she broke from them and ran behind
the bar, to her father, and springing from the
floor into his arms, she cried as she casped
him around the neck: Papa, papa, don't let
them take me. / want to stay with you, l
don't want to go with mamma"
The father Ed. Smith, quieted the child,
and leading her by the hand he approached
the bench, and with husky voice and tears
rolling down his cheeks, he thus addressed
the Court:
"Your Honor, have endeavored to live
with that woman, but can not. She will get
drunk. She does not treat my child properly.
She is not the proper person to have her, and
she shall not have her."
The Court replied: "Under the law and
the evidence she is entitled to the child, and |
if you do not give her up. the Court will be |
compelled to order the officers to take her |
from you"
The father looked in the face of the Judge, |
but saw DO relenting there, and then he spoke |
to the little one, telling her to go with her
mother and he would come tor her.
But the girl said, ooh, no, no p and when
be tried to draw himself away, she chung to
his hand, kissed it, and wetted it with her
childish tears and screamed, Papa, papa, do
not leave me-"
He took her hand and the Judge advised |
aim to take the child to the premises of the
s. or Mrs. Rand leave her;
md on the advice of the Judge, after short
respite in the Office of Arthur Gastinel, Esq,
,e did take her to the premises of the woman
md leave her.
He put her in the woman's room and the
woman locked the door, but the little girl
,ot out and ran down the street after him,
frying "Papa, papa" until the woman
,aught her and brought her back.
Proceedings were taken by Ell Smith, in
he Second District Court, to recover posses
ion of the child.
Law is much but mercy is more, and Judge
Ibell, of the First District Court, and the
Judge of the Second District Court should
emember this.