Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-12-05

Slack Is contesting tie will. alleging that It
| u not valid instrument, but that contest
is now pending before the proper District
court. Until 1t Is set aside the right of Mrs.
Perrine to the custody of the children is he
declared. absolute, and not ey en- their moth
er can Interfere, no matter how harsh or
unjust or unnatural some people may view
| 1t. The parties being domiciled here. the
will having been made and filed here, only
the courts Of the District, contended Mr..
Carlisle. have or can have jurisdiction in
the matter. .y.-
Mr.. Carlisle then addressed himself to
the propriety and power of the Equity
Court to proceed as prayed by the next
friend of the children. The power of the
court to restrain the institution and prose-
cution of legal proceedings both here and
elsewhere. he thought, could not be seri-
ously doubted. But even If the provisions
of the will could be set aside before the
instrument was declared by the proper
tribunal to be invalid and imperative,
Mrs. Slack, contenGed Mr.. Carlisle. had
been shown to be an improper person to
have the custody of her children. He then
discussed the testimony submitted on both
sides, insisting that If any one thing had
been demonstrated 1t was that Mrs. Per-
rine's custody of the little ones should not
be disturbed AMI that all proceedings re-
spectfng their custody should be stopped
until the contest ever their fathers will
shall have terminated.
Behalf of Mrs. Slack.
Mr. Carlisle closed his argument shortly
before o'clock, when Mr.. John NJ. Powers
Of New York addressed the court on behalf
of Mrs. Slack. The effect of the injunction
said Mr.. Powers. would be to prevent a
mother from asking for her little children
even by writ Of habeas corpus. a right
guaranteed to every American by the Con-
stitution Of the land.
The effect of the injunction, tco would
be to prevent the enforcement of a judicial
finding of a court of a sister state-that Of
New jersey, where the mother of the chill
dren was awarded the custody of them.
The duty of both counsel and court in
the present proceeding. said Mr.. Powers,
was a most delicate one. but he was as
sured that both would perform the duty
consciantionsly and justly. Mr.. Powers
then detailed the married life of Mr.. and
Mrs. Slack, stating that while it is true
that there followed in course o. time an
estrangement, it Is also true that Mrs.
Slack, a true wife should do, entreated.
her husband to return to his family, loving
iy telling him that she begged his forgive
ness for asking him to leave the house.
Her wifaly advances were rot met by
her husband, said Mr.. Powers, in the spirit
they had been made. and grave charges
were made by the husband against the
wife. They were shown to be false, said
Mr.. Powers, but the husband refused to
return TO his wife and family.
1t had been said on the other side, re-
marked Mr.. Powers that Mr.. Slack only
refrained from suing for divorce out OF
CONSIDERATION lOT HIS
less, Mrs. Slack allowed the children to
visit their father upon his written promise
that he would return them to her.
That was more than a year ago, said Mr..
Powers, but the father refused to allow
them to return TO their mother. Then the
mother filed petition for maintenance In
doing that, said Mr.. Powers, she had the
courage of absolute innocence OF all ana
any wrongdoing, for she knew that in
filing her suit her husband would have the
opportunity of establishing, If they were
true, the vile charges made by him. But
Mr. Slack, declared Mr.. Powers. did not
believe, could not have believed in the
charges. The charges were based on the
tales of negro servants, and no court IN
the world said Mr.. Powers, would rob her
mother of her children on such testimony,
and that was the only reason Mr.. Slack
had failed to sue for divorce.
These charges Of the servants were really
all there were in the case, and they were
that woman, a mother, solicited a man IN
her own home, in the open presence OF
with her. Such crimes are not committed
in the light. in the presence of Others but
are committed in darkness and in secret.
Hence. remarked, Mr.. Powers, the very
statement of the charges downed them as
false.
And yet it was on such charges that
two little innocent children had been re-
quired tc base proceeding to blast the life
ana ruin the reputation of the mother, who
bore them. There is but one bit of truth
ir the whole matter" exclaimed Mr.. Pow
ers. land that is that in making the hor-
rible charges she has made Mrs. Perrine
sought only to subject Mrs Slack to the
modification and shame resulting from
their publicity"