The Hartford herald. [volume] (Hartford, Ky.) 1875-1926, 1880-09-01

claimed to he the guardians of DIR. j.
w. Hills two children, who have been
taken care of i'm the family of Mr..
James Smith since the death of their
parents. Mr.. l.. w. Gates for the
plaintiff, and Judge J. G.. JonsOn and
Armistead Jones for the defendants.
Judge Rudy declared Bigham not the
guardian, and the children We're still
left in the charge of Mr.. Smith. Mr..
Jones, il is said by those that heard him,
made IA very impressive and feeling
speech that brought tears to the eyes
of those present.
"The little boy and girl were unwil-
ling to be separated from Mr.. Smith and
wife, feeling the strong love of children
tn parents. The boy is nine, the girl
six years old. They have been in the
care of Mr.. and Mrs. Smith for several
years. There is IL strong feeling upon
the part of the community to the right
of Mr.. Smith To keep the children"
Ii the foregoing statement hail not
been published outside this county ]
should have considered il unworthy of
notice, becaIISe its perversiOn of facts
respecting the result, as we'll as mel
dents of the trial, are well known i'm tins
community; but by being copied into
the HERALD. and thereby obtaining II
wide circulation in the county of the
late residence of DIR. Hill, and also of
Mr.. w. J. Smith, Justice to my clients,
the children, and their friends, demands
that Il correct report of the proceedings
should supplant the distorted one copied
from the NeWs.
If il was the purpose of the author of
hat err tialn In Mr. Intna.. ist
that might as efiectually have been
done by fair, correct statement of the
result of the trial touching the parties
to il.
Presuming that gentleman possessed
of those qualities requisite to the char
acter of an honorable member of the
learned profession of the law, ! imagine
his emotions, in scanning the Ne,0s for
its encomiums, were tinged with some
of the pangs of the proud old eagle
when sallying forth for prey, upon her
return to find enscOnced in her nest, in
stead of the tender offspring she had
left ON her departure, Il brilliantly col
Ored, bright eyed, but deadly serpent
coiled i'm her eyry.
The order of the court il too lengthy
to tax your columns with. 1t was in
substance
F'irst-That Smith had no legal right
To the custody of either of the children.
Second-That Mayse, rs the guardian
of the boy, was entitled tO his custody,
and ordered Smith to surrender him to
Maysc when called for.
Third-That Bigham's appointment
as guardian 10y the Crittenden County
Court WAS irregular, because Il. NJ. Hill
had been appointed to that trust by the
Mclean County Court, and had never
rendered his resignation, and the resi-
dence of the children being Mclean,
that Crittenden County Court had no
jurisdiction of the person of the chill
dren.
FOurth-That with the consent of
Mayse the children We're both held in
custody of the court until r. NJ. Hill
could he notified, and i'm order that they
might not he separated the court direct
ed Smith to take them AMI keep them
subject to the order of the court until
Il. NJ. Hill could he informed and come
after them. .sia--.-.
Since then Hill has come from Crit
tenden county with an order from Mayse
for the boy, and as statutory guardian
of the girl, but meeting with resistance
from Smith after the possession had
been delivered tn him of the children,
another writ of hdbeds corpus was re-
sorted to and another "scene i'm court"
was enacted, lin justice to Mr.. Jones l
will say he was not present. without
any great flow of tears from the specta-
tors; in fact, on this occasion the tears
were inadvertently left out of the pro-
gramme, and the children were for the
second time awarded by the court to
their guardians at the cost of MrSmith
and some Of his friends who volunteered
to interpOse obstacles to the authority
of the guardians. The children became
reconciled and went willingly with
their guardians to take up their abode
with their D,latives in Crittenden conn
ty upon being promised that they should
I've permitted to visit Mr.. Smith and
family soon. Justitid reBiini regdatid
est. Very respectfully,
l.. w. GATES.