Omaha daily bee., 1889-07-16
WITHOUT RIGHT OF DOVER.
And Denied the Privilege of Seeing
Her Child.
DECREE IN THE CARTER CASE.
The Belle OF Dayton and the Chicago
Lawyer Go Their Separate
Ways-The Cause APP
pea1ed.
She viii Shine on the stage.

CHICAGO, July 15.-TSpecal Telegram to
THE BFE. THE long arguments expected to
be made on Mrs. Caroline Louise Carter's
motion for q lew trial of the Carter divorce
case were not offered before Judge Jameson
this morning.
w. J. Hynes and w. r. Morrison for the
soon-to-be theatrical star, and Edwin
Walker for the victorious Leslie Carter, ap-
peared in court at 9 o'clock. MIR. Hynes
announced that he and Mr. Morrison, after
consultation, had determined not to argue
the motion. The fact is that both the law
yers thought it would be time wasted. They
took it for granted that Judge Jameson
would overrule the motion anyhow. When
Mr.. Hynes made the statement that he did
not propose to press the motion for a
new trial, but allow it to be overruled pro
formo, so as to facilitate an immediate appeal
to the appellate court, the judge found he
had an easy task before him and he there
fore formally overruled the motion for new
trial. Then MIR. Walker, Mr.. Carter's coun-
sci, submitted the decree which he wanted
entered. The document recites that the jury
in the case mentioning their Names returned
verdict finding Leslie Carter not guilty Of
the charge OF cruelty and finding Mrs.
for q new trial, after arguments and the con-
sideration of the court, was overruled. After
the preliminaries the decree gets down to
the business for which it was drawn and
belle of Dayton and tho Chicago lawyer be
dissolved and that the parties be
freed from the obligations thereof. 1t
further DEGREES that Mrs, Carter Is not en-
titled to any right or title of dover in Car
ter's real estate or to any interest or distrib.
utive share thereof, or to his personal prop.
erty in case he dies. What is Of vital
importance to Mrs. Carter Is that the decree
directs that Carter shall have the care,
custody, control and education Of Leslie
Dudley Carter without any interference on
the part of Mrs. Carter, and enioins and
restralns her henceforth from interfering
with the child or with Carter in his custody
of it until further order OF the court.
Mr.. Hynes and Mr.. Morrison were indig-
nant at this restraining clause, and so
pressed themselves, Mr.. Hynes saving that
it was piece of cruelty not exceeded by
those charged by Mrs. Carter against her
husband IN her original bill.
81 never heard of a divorce case where the
mother was not permitted to sec her child"
said Mr.. Hynes, land it should be provided
in the decree that Mrs. Carter should see it
at reasonable times.
~ don't think so at ALL said Mr.. Walker,
with the frigidity of an iceberg, and look
that didn't contain one expression of pity or
magnanimity for the defeated woman. 'That
was one Of the issues in this case and Carter
won. | don't see what right she has to see
Judge Jameson spent fifteen minutes por.
ing over authorities to ascertain whether the
mother had the right to see her child
Finally he came out and announced that the
law gave her the right to visit the child, and
therefore it was not necessary to put it in
the decree.
"But the injunction prevents her from ex-
ercising that lawful right" protested Mr..
Morrison.
"Well, the decree provides that the child
shall remain In Mr.. Carter's custody until
the further order of the court, and that mat
ter can be disposed Of later" said the court
I'VE will make an effort to have 1t settled
in the upper court at once" said Mr.. Hayes
menacingly.
The last line of the decree provided that
Mrs. Carter should pay the costs Of the
court, some g., 900. This also was too much
for Mr.. Morrison.
"Why the idea of Carter trying to make
his wife pay the costs of the suit,n he ex-
claimed. "There is no case on record where
the wife has been compelled to do such q
thing"
The court modified this. He provided that
each side should pay their own costs. Finally
the decree was formally entered, and at Q 80
a. m. Leslie Carter and Caroline Louise Car
ter were no longer man and wife. None of
the principals were present IN court. Mr..
Morrison hurried down stairs and started
the clerks to work on the big record, so as to
take the case at once to the appellate court.