The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1891-06-11
THE JOHN CORT CASE.
His Two Children We're Sent
Out of the State.
WIFE CHARGED WITH ADULTERY.
Judge Lichtenberg Orders the Children
Praduced In Contributing Jurors
for the stark Murder Case.

m. n.hs.. ro,nr. case against John L. White,
commonly called John Cort TO compei nm ~
produce the children he had taken ifom n
wife or mistress, Mary Louise Deverscnere, nau
hearing before Judge Llehtennerg YESTERDAY,
MARY Louise Deverschere, the mother Oh .ns
children. who claims that she Is not cort VIZ,
obtained writ OF haoeas corpus LOT the cussI
of .ha children, whom she charged Cort WIZ
illegally combining. The case was called pel ss
Judge idchtenberg at o'clock. and nearing
was had on cort's return to the writ, In "n.en
be stated that the children were oeyono .no
jurisdiction of the court He Edmitted eauss
the children TO be carried of from home mon
day evening while he and his WIFE, tneir nosn :.
were out driving. He said they were 'anen ~
Portland Monday night by his sister, MT Ias.s'
and arrived In Portland with her Tuesday morn
tng before the writ was issued for their CUSTODY.
He stated that il was impossible for him to COM
MY with the order OF court TO produce the
children Yesterday because they are no longer
In his possession.
cort. In his answer TO the writ, also SAID tnat
the woman who calls herself Mary Louise
Deyerschere is his lawful wife and was narriea
10 him BY Rev. r. T. Wheeler, at Minneapolis,
on October %. 1854 He offers to produce the
marriage certificate II the court desires to see IL
He saws the little boys are his legitimate cniio-
rem and as their father he Is entitled 70 tneif
care and custody.
He stated that his true name is John Lindsey
White. but being an actor, he took the name OF
John Cort IS O stage name. He charges ms VIE
with adultery with Charles Thorndyke ana says
that is the reason he has pursued this course.
He saws she denied the marriage and attempted
10 bastartiize his children and is therefore not
proper person TO have their care and custody.
Charles f. Fishback, in behalf OF Mary Louise
Deyerchere, demurred to Cort's return 10 the
writ and claimed that the children are still IN
Corts charge, although in Portland: that they
nad no home except with cort. their father and
legal custodian, and so long as be Is within the
jurisdiction Of the court, they are likewise with
In the Jurisdiction. He said the writ was not
on the children but was on Cort and while the
children may not be in his possession they are
in his power, and were placed outside OF the
state by him for the purpose of eyading the law
He argued that the return TO the writ was an
evasion and in itself contempt OF court
l. C. Gilman, attorney for Cort, said that II
the Jurisdiction depended upon the location OF
the party In charge OF the children the court
had Jurisdiction, but il it depended upon the
location OF the children in controversy the court
had no jurisdiction. He argued that the juris-
diction of courts in matters of habeas corpus is
limited to the territory over which the jurisdic-
ton OF the court in other matters extends, and
that IL John Cort was in violation of any law it
was the law OF Oregon and not of this state.
Judge Ichtenberg said: what we have be-
fore US now is a demurrer to the return to the
writ. 1t is admitted that these children are not
in the state. The principle governing habeas
corpus cases, where children are concerned is
rather peculiar. Generally, it is sufficient If the
respondent has them not in his custody, but
what Is meant by custody is to be determined.
The fact that the children are not in the juris-
dictIon OF the court is not sufficient If the power
of control is exercised by the respondent, or
was SO exercised before the court could require
him to produce the children. The question is,
whether or not the respondent exercised such
control over the children that he could turn
them over to another person outside OF the
state"
He then sustained the demurrer and ordered
that the children be produced in court on June
IL at 10 o'clock.
The sequel TO this trouble appeared In the
form OF suit for divorce, begun by John Cort
yesterday, in which he charges his wife. Mary
Louise White Tor Deverscherel, with committing
adultery with Charles Thorndyke on May Il, 10,
II, Is and 16 He says he has been faithful
husband to her, but she has been false to him,
and is not q fit person to have the care and Gus
tody of the children. In his suit he asks for q
divorce and the children.