The New York herald., 1878-01-11
THE NICHOLS DIVORCE SUIT.
THE MOTHER AWARDED THE CUSTODY or HEB
BoY--AYFxcrINo AND PAINFUL SCENES IN

THE MOTHER AWARDED THE CUSTODY or HEa
BoY--AyFxcrISo AND PAINFUL SCENES IN
COURT.
The matter Of the application Of Mrs. Gcorgianna
Nichols, who recently obtained = divorce from her
husband, Commodore william B. Nicnols, In the Su-
peror Court OF the State Of Connecticut up tor
argument In the Supreme Court, Kings county, before
Judge Gilbert yesterday, order Of the
latter court awarding her the custody OF William v.
Nichols her child who vas residing with his iather
Tho boy, who s brghs looking itse fellow about sen
years Of age present during the proceedings and
remained seated BY tho side OF his father, With whom
be frequently conversed In whispers until the decree
separating them finally entered. whom he wept
bitterly Mrs. Nichols occupied seat BY the sidc OF
Mr. Jonathan Beers, an elderly gentleman and rea-
tive, ana closely followed the proceedings, noddng
her approval disapprova OF the course OF the argu
ment elected by the respective counsel Messrs.
Waldron and s. D. Norris counsel tor the
respondent sndeavored 70 obtain an adjournment Of
order that they should have tho assistance Of
ex-Judge Fullerton. senior counsel, who has had SIX
months experience In the litigation. Thoy urged the
Court In support OF adjournment in vain Counsel
then laid that Tho eviucnce which they would offer
would confined exclusively to facts occurring pro-
vlous 10 the decree OF the Conncctcut court
On the other side tho counsel were Mcssrs. Troy,
Ward and Tracy. Their argument was that the
only evidence admissible was that which had been
before the Connecticut court, which had awarded
the reat0r decree OF divorce and tue custody OF her
children.
Mr.. WaIdron said they had witnesses In court TO 60
over Lhe questions OF evidence previous to the
decree. ar. Ward stated that The decree set form
TACT that botn rciutor ana respondent wore born
la The Stale Of Connccticut and their parents lived
there before them. They we're married IN that STATE
under the laws o the under winch their marriage
has been dissolved They were married IN 1851. ,.and
lived in New York until 1876. when tho respondent
left that State In January, 1876, all the children
were in Brooklyn. residing with their mother. In
June, 1875, she TO leave this State. Counsel
OF tho Connectlcut court The referee had taken tho
most exhaustive testimony in the case IN which the
respondent had aled cross BILL and The ropor; OF the
referee, which In favor OF the rcator. had been
affirmed by tho superior Court after II mad been
thoroughly reviewed. Tnis decree, counsel held, was
ana and the Judgment OF the latter court IN concu-
of oil facts upheld her right 70 retain the Gus
tody OF tho children. This decree could not be i'm
poached except Tor fraud.
Messra waldron and Morris cited authorities at
considerable length to show that the Court had pcr
ect right TO revsw tue pr0cesdngs Of inc court OF
his A.her They argued further that evidence given
anterior TO the granting Of the decree 6y the court OF
the State 0t Connecticut was inadmissible
Judge Ghbert overruicd the motion 10 admit tho
latter evidence, as he held there was no evdenco of
had submitted themselves to The juogiaeDt OF that
court. |. was court OF competent jurisdiction, and
its judgments had not been impeacheu.
TESTIMONY TIL. FATHER
The respondent, Iiiam b. Nichols, was then called
to the witness stand by his counsel and In answer 10
questions testified that no was born ia New YORK
State, and that he resided here he has had tho Gus
tody OF the child in dispute snce April 1876 he was
In New Jersey IN December, 1877; after The decree
was granted be back to tns state from New Jor
sey. The witness not further questioned aud no
returned to his seat. His cou nsul Ihcn remarked
that they offered prove that tho reator was unit
person take charge OF the boy, but the proof could
not be admitted unuer the previous ruling
THE CHILD PRIVATELY EXAMINED
Judge Gilbert thcn caileu the htle boy up to the
bench, aud tho latter went up smiling The Judge
rurlu- dnhiN n m nnQ
thcn withdrew to ntcchamber, where they re-
manod in consultation tor ABOUT hve minutes. Noah
never once permitted their eyes 10 meet, were
blanched with anxiety the father being particularly
brief period tho venerable Judsc returned with the
child aud latter resumed his place w his iathers
side.
AN AFFECTING SCENE
After short pause The Judge said:-"I will make
Oruer awarding the custody oi tho child TO tho
mother condition that she shall enter into recOg
nizance In the sum Of $1,000 to produce tho child
Whenever in pursuance OF lurtber order Of the Court
1t may DO deemed necessary. Tho order is to tako
elect now" Tnis announcement received by
ihc father and son IN very affecting man.
sobbcd bitterly on the Of his father the color in
the face Of the latter changing from pale TO crimson,
AMI deep emotion in Other ways was portrayed
Jonathan Beers entering into tho required recognz-
tho mothor, aud the parties 10 tho sad tiga
ton duly signed the formal legal papers. The poy fol.
lowod MS iathcr around to the clerks desk on tho
other side OF the court room when he went 10 atacn
his signature ~ the papers In 50 doing nc passed ny
his mother, who sat quietly convcrsing with q lady
iriond but he did not notice her.
EPISODE.
The Judge then called the boy up 10 hts side and
placing his arm round MS waist spoke to min kindly
The ltc fellow burst into tears, saying he "wanted
to remain with his papa" Counsellor Ward re-
marked, "Your Honor, the cha has becn Instructed
IN his part" 'You ie - was the sharp ringing re-
tort OF the boy Tho Judge directed the chd In per-
cmptory tones and the latter returned TO his lather
and embraced HIM three limos, after which court
officer led him across room to his mother. He
~t.,l,, ~aA afarn IN n m
utes later was conducted into an antechamber by
her.
Commodore Nichols stood goomly by the railod
enclosure and remarked 10 friend, "fbis Is awful"
His iaco gave evidence OF great mental suffering AS
the boy passed by him the father stopped down aud
again curcssed him, never degning 70 bestow
glance upon the mother
Many eyes were moissened during the affecting
judicial proceedings