Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-11-30
CHILDREN'S CUSTODY
Slack Children Not Brought Into
Court Today.
LAWYERS WERE ONLY FRIENDS
Habeas Corpus Effect on Equity
Proceedings.
J o D G E'S DE ECIS 10 n
J o D G E'S ECIS ION

| Mr.. and Mrs. Lewis Perrine of New Jersey
| failed to produce the two Slack children
| before Judge McComas at IL O'Clock this
morning in obedience to the writ of habeas
corpus issued yesterday on the petition of
their mother, Mrs. Mary kimball Slack,
| the widow of VIM. H. Slack.
| No return was made by Mr.. and Mrs. Per-
rne but Mr. Calderon Carlisle, disciaiming
| that he appeared counsel for them eX-
| planned as their friend and also as the
| friend of the court, that the children had
| not been produced because Mr.. and Mrs.
! Perrine feared that in doing they would
| be in contempt of the Equity Court, in which
| court they were required several days ago
| TO show cause Tuesday next why all legal
proceedings here and elsewhere should not
| be stopped, pending the contest instituted
| by Mrs. Slack over the will of her husband.
| MIR. Carlisle's Remarks.
| The case was not taken up until about
noon, when before a crowded court room
Mr. Carlisle explained that he appeared not
| as counsel, but as an officer and friend of
| the court and as a friend of Mr.. and Mrs
| Perrine. Recitng the proceedings here
| and in New Jersey instituted for the GUS
| tody of the children, two girls of eight and
ten years, respectively. he stated that Mr.
and Mrs Perrne after being served with
| the writ of habeas corpus yesterday, en-
| deavored to obtain an opinion from Judge
| Hagner as to what they should do And
when they found that Judge Hagner was
| out of the city they applied to Chief JUS
| tice bingham, who declined to act in the
| matter.
| But, said Mr.. Carlisle, while they had
not produced the children they were just
across the way, and, if the court SO desired
would be brought in court. However, said
Mr. Carlisle, he had advised Mr.. and Mrs.
| Perrine that the effect of Judge Hagner's
order requiring all parties to show cause
IuGSuaE proceedings
| not stop was that of a restraining order,
and hence they found that if they produced
| the children in court they would be in con-
| tempt of Judge Hagner's order.
| Judge McComaS inquired if there was ary
| probability of the children departing the
| jurisdiction of the court meantime, when
| Mr.. Carlisle replied that there was rot the
| least danger of such thing, and remarked
| that Mrs Perrine would give bond in any
amount to secure their presence in court
| when desired.
The Mothers Side. .
| MIR. Geo E. Hamilton. of counsel for Mrs
! Slack. remarked that the Perrines were
| really in contempt of Judge McComas' court
| in failing to produce the children in court
| today in obedience to the writ of habeas cor
| pus. Referring to the injunction proceed
| ings before Judge Hagner, Mr.. Hamilton de-
MED that the rule to show cause amounted
| to restraining order. But he said, even if
| it had. the writ of habeas corpus was para
mount.
Mr.. Hamilton referred to the proceedings
| in New Jersey, remarking that the PerrineS
| had, in disobedlence of a promise to the
| court there, and against the wishes and
advice of their counsel, spirited the chill
| dren away from that state to this jurisdic-
| ton. For that, he said, the New Jersey
| court had not only held them in contempt,
| for which their arrest had been ordered,
| but Mrs. Slack had also been granted the
| custody of the children. Abiding to the
| equity proceedings here, Mr.. Hamilton re-
| marked that before parties could go into
| court of equity they must have clean hands,
| and the hands of the Perrines We're not
| only unclean. but were also indecent.
No Confidence.
| Mr.. a. S. Worthington, also of counsel for
Mrs. Slack, supplemented what Mr. Ham
| ilton had said, remarking that if the Per-
| rines, could be in contempt for producing
| the children, then the judge issuing the
writ of habeaS corpus would be in con-
tempt. But he denied any such thing, and
| declared that the first thing to be done was
| to require the production of the children in
court.
W nie he had every confidence in Mr.
| Carlisle Mr.. Worthington said he had
| none whatever in parties who were really
| fugitives from jus tice, and of whom it
! could be expected here just what they had
| done in New Jersey. Mr.. Worthington
said he had not considered what effec; up
on other proceedings here the awarding
now of the children to Mrs. Slack would
| be, but he insisted that she should be given
her children.
Judges Decision.
Judge McCcmas then informed counsel
| that he had directed the marshal to hold
| the children in an adjoining room, and was
| satisfied that in issuing the writ OF habeas
corpus he had acted properly. However,
he desired, before deciding the question at
issue, to consult Judge Hagner, who is pre-
siding over 10th the Equity and Probate
| Courts. What he would later do he could
rot now say, but until he had decided the
writ of habeaS corpus proceedings he would
see that the children did not leave the juris-
diction.
Mr.. Worthington then asked that pending
lis decision, Judge McComas commit the
children to their mothers custody, assur-
| ing the court that she would produce them
whenever desired.
Mr.. Jere M. Wilson, who also explained
that he appeared merely as a friend of the
court opposed Mr.. Worthington's motion,
remarking that the New Jersey courts
never had jurisdiction over the children,
the initial proceedings having been insti
tuted here. Their aunt should have the
custody of them, because, he said, their
father had willed them to her and not to
their mother. He was willing, however,
that they be placed in the nominal custody
of the marshal.
why not put them in jail?" asked MI
Worthington.
Because there is no necessity for that"
been made prisoners during the past few
days by men placed on watch about their
stopping place"
MIR. Worthin gton remarked that they had
| right TO watch fugitives from Justice, and
| then Judge McCoInas disposed OF the mat
| ter by postponng the case until Wednesday
next at II am, that he might meantime be
| able 20 consult Judge Hagner.
The judge also announced that until then,
at least he would allow Mrs. Perrine to re-
| tain the children, upon the assurance of
| Mr.. Wilson that they would be produced
| in court whenever necessary.
Mr.. Wilson gave that assurance and
| then, at the request of Mrs. Slack counsel
| Judge McComas directed that the children
| be taken to the residence of Mr.. Robert F.
| Sheppard, 1906 18th street, where between
! the hours of and pm. their mother is
| to be allowed to see them daily, unmolest-
ed.
Prefers the Associated Press.
NEW YORK, November 30.-The Knox
Vile Crenn.) Journal, the only United Press
paper In the state of Tennessee, has Joined