The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1880-11-09
The ElIis.HoIton Con,royo,.v

The Eilis.HOlton Controversy.
The bERAlD has had allusion several
times IN recent issues, to mention the efforts
OF Mrs. Mary Z. Ellis, of Pendleton county,
kentucky, to recover her two daughters,
who are yet children, and whom she cisins
were spirited away some three years ago
from that state to this. Mrs. Ellis, who has
since MARI ed, wss just prior tn that time the
wife of james B. Holton, from whom she
secured divorce. He first sued for a d.
vorce from her on the grounds that she had
became the mother Of child which he de.
MED parentage, but after the matter had
been Investigated the court declined to grant
him divorce. His wife Afterwards sued for
divorce on the grounds that he
was too intimate with house girl in their
employ, and she was successful, the court
granting it, but awarding the custody of the
chi dren to the father, as is the general Gus.
tom under the laws Of Kentucky, and he in
turn gave them over to the keeping of his
father and mother. In the meantime the
mother sued out writ of habeas corpus to
regain possession Of them, but the court
awarded their keeping 10 the same parties
her husbands parents. Holton left the
country and came to this state, locating in
Hill county, and few weeks after his de-
parture the children came on after him, and
their whereabouts was kept quiet This was
in March, 1878, and within the past few
weeks, finding that his children were living
with Mrs. V. Il. Price, u sister OF -.
holten, who had since died, she came on to get
them. She sued out writ of habeas cor
pus in the district court before Judge Al.
bridge, citing Mr.. Price and his wife to APP
pear with the children, and on their failing
to do 50, the court had them committed to
jail, where they remained until Mr. A0ner
Holton and his wife put in an appearance
with the children. A writ had been issued
commanding them to bring the children into
court, but had not been served; and their
action in the matter was voluntary. Thus
the matter stands, with the little ones in the
hands of the sheriff aw iiting the decision OF
the court
The defendants VS.. Price and Elizbaeth
Price, his wife, have filed in court their
original and amended answers, which cites in
substance, the following: That James B.
Holton, the father of the children, Laura
and Cora Holton, named in the writ of ha-
oeas corpus died in Hill county, in this state,
about the 10Th of March. 1873, and that on
bis death bed he verbally willed thechildren
to his sister, Mrs. Elizabeth Price, with the
request that she should keep them from their
mother, Mrs Ellis and from any of her fam.
lily, meaning the Reagan family, of whca
Mrs. Ellis is a member. The defendants al.
lege that st the time the father t;rned over
the children that he gave, among other things,
as his reason for so doing, that his wife, nov
Mrs. Ellis, was of bad character and that
she was charged with giving birth
to mul9tto child. They further State in
their answer that in accordance with their
fathers wish, Mrs. Price did take the children
at once into her keeping, and that she has
treated them as those of her own family, ND
to, and until the 18th day of October, 1880,
when they went or were taken away fr m
her, or her husbands custody prior to the
serving of the writ of habeas corpus upon
them, and that the whereabouts of the chill |
dren is still unknown to them.
Abner Holton and p. a. Holton, his wife. |
IN their answer, state that Mrs, Mary f. E.. !
lis, is a citizen of the state of Kentucky, |
and that the children in controversy are also !
citizens of that state, and that on or about |
the 9th of November, 1877, Nj. Mary L. |
Ellis filed an application in the courts of |
that state for the Issuance of writ of ha-
beas corpus commanding one A. +. Hol.on, |
who then Ind the children in his custody. to |
produce them in court and show by what
authority he odd them, which he did before
the Hon. j. ). BOYD, circuit Judge of Bracll-
en- county, who awarded the custody
Of the children to A. F. and Sallie |
Holton, their grand parents, and |
their fathers psrents that on or about the
18th OF March, 1878, they were permitted to
visit their father, James b. Holton, who had |
become resident of Texas, where they have
remained since, though their resid nee WAS in |
kentucky. They state that Mrs Ellis is not
a proper person to have the custody of the
ildren, and that they were informed and |
believed thai Mrs. Ellis had given birth to a
mulatto child during her marriage with Hol.
ton, and their opinion was based upon the
siiidsvits OF two physicians, both of whom
made an examination OF the child, the
physicians being DR.. p S. Conner, professor
Of anatomy, and DR.. James T. Whitaker,
professor OF physiology, ia the Medical Col
Iege of Ohio. They pray that the
children be given them, or V. S. Price al d
wife.
All the parties connected on both sides of
Inc case stand well. Mrs. Ellis has for the
past two years been teaching school ia her
home neighborhood in Kentucky. She bore
four children, the third one being the
iark-skinned ono, which some physicians
'tate was but the cropping of Indian blood
n the family on her fathers side, and Others
considered it freak of nature, AS her fourth
,hild, though Of white complexion, was de-
'ormed, and it, as well as the other, died.
The case is now being argued before Judge
Judge Ferris and Colonel Craw-
ord appearing for Mrs. Ellis, and Judge
Field and Colonel Mccoy for the defense.
An 0Dera UOusa