Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1878-06-10
AN ATHEIyTICAL WIFE.
The Most Eloquent Woman in Eu-
rope" Deprived of Her Child.
A Jewish Judge Sitting In Judg.
ment In the Case.
N. D. Conway in Cincinnati Commercially

N. D. Conway in Cincinnati Commercial.l
LONDON, May 1S.-This morn
ing the great Jewish chancellor, Sir
George Jessel, devoted four hours
of his Sabbath to hearing and de-
Gliding the case between the clergy
man Of the English Church and
his atheistical wife. The decision
was given in favor of the husband;
by it a beautiful little girl, Mabel
Besant, aged eight, is removed from
her mothers care, where she has
been since 1878, when the parents
separated. These are the latter
days; mother is separated from
daughter, and Jewish Judge
lives to fulfill the prophecies Of
Christ.
There was great excitement in
the crowded court and even in the
courtyard outside. The senior
counsel for Rev. Frank Besant, who
performed his task with good taste,
represented that the two were mar
ried in 1S47, but as the youthful
looks of the defendant did not com
port with that the counsel substitu-
ted 1857 amid some merriment.
They separated in 1878, a deed
having been drawn up assigning
the boy to the father, except for one
month Of each year, when he was
to remain with his mother, while
the girl was to remain with the
mother under the same conditions.
Mr.. Besant now demanded that the
girl also be given up to him, on the
ground that the mother is an Athe-
ist, and Mabel has no religious
teaching whatever; second, that
Mrs. Besant is not a proper person
to bring up child, because she
has, as one Of firm, published a
pamphlet which teaches people how
to keep from having children, that
being an immoral book.
Mrs. Besant answered that so far
as her atheism was concerned the
course of recent legislation-as in
the public school act-allowed pa
rents to withdraw their children
from any and all religious educa-
ton 1; that it was unprecedented in
that court to deprive a parent of
his or her child because Of any
speculative opinions. She also ar
gued that as her separation from
her husband was on account of her
heresy he had parted with the child
knowing that it could not be edu-
Gated in orthodoxy, and conse-
quently could not come into court
on that ground. With regard to
the publication of "Fruits Of Phi
losophy" she contended, first, that
as the preface showed, she dis
claimed entire agreement with
everything in the book, but had
published it to test and prove the
right to discuss freely the question
Of the restriction Of population;
secondly, she contended that the
lord chief justice had already de-
cided that the "Fruits of Philoso-
ply" was no worse than any other
medical work, and so, on such
grounds, a physician might be de-
priyed of his child on the ground
that he had medical works about
the house.
Mrs. Besant, who was dressed iu
black, except for a single light
bonnet, spoke with quietness, point
and moderation, and with such
close adherence to the actual points
of law, that although he had begun
with evident annoyance at her not
having counsel, her further conduct
of it elected a spontaneous and
hearty compliment.
The Judge pointed out that the
law as it stood up to 1878 did not
permit a man to part with custody
of his child at all by any such "ar-
rangement;;" that since then an
act had been passed allowing such
course in favor of the mother, but
providing that no Judge was to en-
force such agreement unless he con-
sidered it would be for the benefit
Of the infant, 1t was thus q mega