Omaha daily bee., 1890-03-10
A Sensational Incident in Connection
with a Habeas Corpus Case


with a Habeas Corpus Case.
ST. Louis. Mo-, March GA very pathetic
scene, and one that came near precpitating
a small sized riot occurred at the court house
yesterday in connection with the habeas cor
pus case of John j. Gray to recover posses
sion Of his two children, Mary and Sarah,
aged twelve and ten respectively, alleged to
be restrained of their liberty by their ma
ternal grandmother, Mrs Sarah McClothlin,
at her residence No. 1917 Carr street. 1t
appeared that the children had been left with
their grandmother upon the death of their
mother several years ago, who had reared
and educated them. They became so at
tached to her that when their father wanted
TO transfer them to his sister, Jessie +. Gray,
they refused to 60, and their grandmother is
supposed to have encouraged them in their
refusal. The father, with p. w. Fauntleroy,
then applied TO the circuit court for writ of
habeas corpus for their custody. MIR. S. S.
Bass was engaged by Mrs. McClothlin to look
after her interests.
When the case was called before Judge
Valiant yesterday MIR. Bass stated that
Mrs. McClothin had said that she had no
legal defense to make, and that the only
thing that the court could do would be to
turn the children over too the father. He
asked that the court request OF Gray that he
allow the grandmother some latitude about
Wishing Lne Cullureu anu uea. Win Une Gull
dren and their grandmother as leniently as
possible, The judge then directed that the
children be turned over to the father. The
two children, remarkably bright little girls,
were then informed that the court had de-
cided that they must go with their father.
1t was then perceived that they had no af-
fection for him. for they both declared they
would not go with him.
~ will die before will go to him." said
the elder, who, with her younger sister, chung
har a hon 10 hao han bind
TO us; he has done nothing for us; my
mother worked and cared for us in her life
time, and since her death grandma has cared
for us. He never even bought US stitch OF
clothing"
The cries and sobs of the two children had
by this time attracted quite crowd in the
court room, all of whom synpathlzed with
the children, as 1t was apparent that from
some cause they had lost all affection for
their father.
"l know what he wants. said one of the
girls, 'he wants TO send us to Aunt Jessie,
his sister. She never was kind TO us. She
never did anything for u.s. She only wants
us to make us work for her. He is going to
send us out of the city.n
The children refused peremptorally to go
with their father-in fact, they refused to
recognize or speak to him, but clung to their
grandmother. AS 1t was evident they would
not go with their father voluntarily, the
services OF two deputy sheriffs-Rodan aud
Mahlin-were brought into requisitlon.
After the exhaustion of all their persuasive
powers the deputies were compelled 70 re-
sort to force, One took the eldest ano the
other the youngest child and carried them
from the court room, the children resisting
with all their power and crying for assist
ance.
"Graudmother, grandmother" cried each
one of them as if their hearts were break
ing
The grandmother a venerable and re-
spectacle looking old lady, stood By, but
could offer 10 assistance, although the tears
rolled down her cheeks. Jesse Gray, a SIS
ter of the father OF the children, in whose
custody il is saId the children will be placed,
who had been present, disappeared at this
iuncture. The deputy sherlns literally
dragged the children from the court room
to the sidewalk on Chestnut street. where
there was carriage in waiting, the little
ones struggling and fighting all the way.
The crowd at this time had increased, and
threatened violence TO Gray, who only es-
capped by getting upon the box of the cars
riage amid Kisses and hoots of dlssapproba
tion. The little ones were hustled into the
carriage by the two deputies, one of the lit
tie girls kicking the glass out of the door.
The deputies also occupied places IN the car
rlages The vehicle was driven 10 Weavers
hotel on Pine street. between Ninth and
Tenth streets, and there the father and Jes-
sic Gray, his sister, took possession of them
and took them into the building. IL is said
that Jessie Gray left the city last evening
with them for Adairville, Ill. The children,
who are beautiful little girls, bear the im-
press of good raising aud possess more than
ordinary intelligence for children OF their
age. Their father Is a roadman in the en-
ploy OF the Llndell railway company,