Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-11-22
THE CASE OF A BABY.
The Court Called Upon to Decide Upon
the Custody of the Penn Baby.

Ssous VI
Chief Justice Bingham. before whom the
order on Alexander Guy Penn for tn pro-
auction of his twenty-seven-months-ol
chiid was returnable, being indfsposed
Justice Cole heard the case in the General
Ierm at noon today. The wife. Mrs. Mamie
l1azelle Penn. on Saturday last filed a bill
for divorce, alleging cruel treatment. and
charged that after 1t was understood that
the child should remain with her parents
her husband, on October IS, took the child
ana refused to divulge its whereabouts
The wife, with a lady friend and her
rather, was early in the court room with
her counsel. Mr.. John n Oliver Mr.. Med.
harrington, counsel for the respondent.
was present.
when Mr.. Oliver was reading at the re-
quest OF the court the bill the Respondent
with the child In his arms. entered the room.
followed by his father. mother and sister
and others, and the party took seats irnme.
diately behind the Complainant and friends
The N other went to the child and kissed
and petted IT for a few moments. but no
word passed between husband and wife
Mr.. Darlington read the answer with
letter written by the wife, saying Where
there is no love there is no happiness, and
l do not love you"
Mr.. Oliver suggested that the mother
have the care Of the child in the court
room.
Mr.. Darlington said that they had enough
of a scene yesterday.
The court said it was better to allow
things to remain as at present.
Mr.. Darlington read the affidavit of Mrs
Jessica Penn Stull, the respondents sis
ter, in support of the answer, stating that
on one occasion she went to complainant
to entreat her not to leave the child. and
she replied: ITO HI with the child. IN
get a divorce"
The affidavit of DIR. S. s. Moffat to the
1T.
from ill health, attend the child, was read.
The affidavit of Mrs. Kate e. Jones' with
whom they lived fourteen months was
read, showing that they lived amicably and
Mr. Penn was quiet man.
The affidavit of Sarah Matthews. an Old
colored nurse, was to the effect that when
the child was brought to her il was IN
bad condition, as to person and clothing.
The affidavit of Prof. George T. Sheldon
was in regard to the complainant taking
dancing lessons preparatory to making a
debut on the stage.
The affidavit of N. A. Penn. the father
of respondent, was to the effect that there
We're rumors to his sons wife and he
had demonstrated with her as to going on
the stage. making short dresses and gen.
orally about her behavior. The affidavit OF
Mrs. Penn showed that plaintiff was OF
frivilous temper. differing from her hus-
band, and would go with any one to a place
or amusement; that when she returned
from a theatrical trip she came 10 her
house and abused her husband, saying that
she would leave him, which threat she
carried out. and then sued for the divorce
In this letter she is advised that If the
company she is with breaks. she should
come home at once as there is a chance
for you to star next season IL you do this
IL the company breaks, you come
home and you will have your hands full
learning new songs and dances for next
season"
Argument was made by counsel in regard
TO the proper custody of the child.
Justice Cole said that the question was
the interest of the child; that the suit is
pending between the parties and the moth
er, either from choice compulsion, left
the child to earn her living and how long
she VIII remain cannot be told. The child
Is now with the Penns and if Mr. Penn
Will take the CUSTODY OF the child pending
the suit, giving a bond for it. he will make
an order giving MIN, the grandfather the
custody, but he is to permit the mother 10
visit the child at all proper hours The
Judge remarked that in this decision be re-
Elected on neither of the parties.
The bond was prepared and signed and
the child returned with the Penns.