The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1890-08-10
MOTHER'S SORROW.
Kentzler's Fight to Regain
Her Children.
ne COURT DECIDES FOR HER,
4. Appeal Robs Her Of Her Joy-A
Crime Not In the Statutes
New sults--Jury List.


3r 81 divorced husband, who took them
fr.<ibiy away from her home in Montana,
- 13sh Of last month. came up for hear
- and occupied tn most OF the day be-
S Judge Lichtenberg yesterday. The
~. slender, good looking little wo-
-. Vas placed on the stand at the morn
- session and again in the afternoon
Md STRAIGHTFORWARD story of an un-
INV marriage, numerous hardships and
<ssdonment. she damned that her hus-
90 had sent to her and the children for
& lIr support but so in three years dur.
- i hich time she was living with her
rosher, and was feeding and clothing e
71orndent little ones by her own weak eff
fsgfs The mother was several hours on
e. stand. and told story that appeared
e6lssent. che answered all the gu stions
NJ 10 her In q concise and satisfactory
1aprer, and without the slightest hesita-
IN.
Ihe scene at times was painfully depress-
- The children, a ronnd-faced little
xlYIof years. and stole hoy Of s. would
- fhe time between their mother on the
1itness sand and their father, by his at
1orney, apparently wondering at the pa
lpntxl GOODNESS.
zen xier, the divorced husband, tall.
angular, stolid, but determined appearing
MN. took the stand after his former wife
IA concluded her testimony. For the
pos4 part he fatty contradicted what the
nofher had given as her sworn statement.
II preferred charges of intimacv with
s1hes men against her. and in manv OF his
meegtinns was harsh cold and unfeeiing,
nn1 porfrAyed q character full of deep
barred.
Itwas nearly 8 o'clock when the attor-
psvs finished their cross-qnestionine
ne iudre. in reviewing the case. stated
lhat ~ there was such diversity OF testi-
nouy-fhe two principals so fatty con-
t1dictinc each other in al the main points
4 i.sue that he was undecided whom to
5aIpve and that the case should be con-
&xfed in Montana. where the parties are
horn, and where witnesses could be pro-
IND. The court was satisfied on two
pe1nfs, however, wig: upon the testi-
nony OF Probate Judge r. Osborn. who ex-
sninsd the papers. that the woman had
been granted divorce by Montana dis
tict court and that she was by that court
aearded the custody Of her children. and
Dat the man had afterwari taken these
%E T.
pima facie showing the court deemed
only proper and right that
- should be restored thecustody Of them.
HE court in very direct wav also added
hat the defendant in the case had no right
0hje in civi xed community to defy the
fecfte of the Inv By stealing away the chill
iFrn from their mother and carving them
MI way across the continent to S.astle.
Il be wants to regain possession of
kem," continued the Judge, "he can fol-
bN the mother back 10 Mon ana. and
lheFe IN the court that took the children
Sway from him, prove that their mo her il
hcpmpetenf TO take care of them and re.
enfe their custeds-'' -
The little girl had fallen asleep In its
mothers arms. and when the words OF the
fdpe deciding that the children be given
. 10 their mother and that she be allowed to
return 70 Mon ana with them" were heard,
ihe little woman. who had remained per-
iecfls composed up to this time. was over.
come with joy, and the hot tears coursed
dawn her cheek as she lovingly pressed her
sleepinR child to her breast
The mothers happiness was not destined
- Lass long As soon as the Judge had
uAde the decision the counsel for the
hther was on his feet and gave notice OF
IN appeal TO the supreme court, and II was
ordered that the father retain the custody
4 the children until Monday morning. = AT
ihat time the court will make known
shcther the mo her is entitled to the
nldren, pending the appeal, or whether
fhifd party Is necessary to take and guard
fhem until the result of the appeal Is
known.
The chance that there was yet q possible
n Tor her to lose her precious babes
I nlled the mothers heart with terror and
turned her happiness to deep sorrow. The
hther took The sleeping child from its
mothers arms. and the little woman. Civ
hethe unconscious infant parting kiss,
hurried weeping from the courtroom.
The few attorneys and onlookers in the
nom were deeply moved at the sad
tcene, and nearly all experienced feeling
q warming towards the sorrowing mother,
and expressed the hope that the law would
not separate her from her little ones. whom
1he loved so deeply that she crossed the
continent in an impoverished condition TO
recover them.
ADULTERY NOT CRIME.
IN the matter of the application Of Fred
bFandon. for a writ of haheas cornus,
which vas argued two weeks ago for pc
utoner. Judge Humes held that section
q the act of congress of March 8. 1887. was
90 implied disapproval of section GA of the
code OF Washington, and that, therefore,
Sae section OF the code was annulled; and
eonid not be rev we'd by any implied repeal
q TIE act OF congress as TO Washington
apon ITS admission as state uf the Union.
De also held that the constitutional pro-
mon continuing in the stale the laws in
nfue In the territory of Washington. did
not apply to federal enaclments. and that
ae5e was no law in this state making
saisery a crime. He ORDERED that the Pc
eleaer be discharged from custody.
NEW SUITS FILED.
kohert Wood has filed papers in an at
eminent suit against ]. II. Perkins, whom
e claims is indebted to him in the sum
No7.A for goods and merchandise de-
hsefed. and he AYERS that no part of the
III has beei paid. The plaintiff therefors
rs Tor Judgment in the full amount of
9e indebtedness and TO be relieved of the
eusts Of the action.
FOR cause of action John McCurdy COM
nains that last month he sold out his in
Niess in the firm Of c. H. Brown & Com
any to Mr.. Brown. the senior member,
"a 700. Tue plaintiff alleges that no part
We debt has been paid and he now sues
g The entire amount. together with costs
= setion.
= Knight is The plaintiff in suit against
rank /. La Fave, whom he accuses of
essihg derauo Ell him of mortgage by
nasfepresen,a,ions. Ii is alleged in the
Amt that the defendant purchased
Rfopeftr frnm fh.. nlainiin hut LACKED