St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1895-02-17
MA GETS THE. BABY
The Fight of George Flint and
Wife for Their Little
Boy
RESULTS BADLY FOR FLINT
Who Is Numerically Roasted
in a Decision by Judge
Otis.
TALE OF DOMESTIC MISERY
Told in the Courts Statement
of Facts--George Can
Visit Baby.

child, and the husband is roasted
to a turn by the court. A stay Of
thirty days is granted at the request
of both parties Following is the de-
cision in full:
This is a proceeding whereby re-
lator seeks, by writ of habeas corpus,
to secure possession of a minor, the
child of relator and respondent. On
March 4, 1889, relator and respondent
intermarried, and on Feb. IS, 1891, the
child in question, Valentine Flint, was
born to them, and since that time they
have lived together, with their child, in
a home provided by relator until the
21st day of December, 1894, when re-
spondent left said home, taking with
her said child, and has ever since re-
sided in a home provided by her sis
ter, at 263 Smith avenue, in the city of
ST. Paul. caring for and retaining the
custody and control of said child.
''The married life of relator and re-
spondent has not been happy one,and
this has been especially true in respect
to respondent. From the time of their
marriage, and particularly since the
birth of their child, relator in his do
nestle relations has habitually shown
a surly, morose, dictatorial and over
bearing disposition towards his wife.
He has very frequently called her vile
names, rejecting upon her
VIRTUE AND CHASTITY;
has applied to her profane and degrad-
ing epithets, all in the presence of the
members of his family, and has been
accustomed to use coarse and profane
language in her and their presence.
Such conduct and treatment has not
always been submitted to with humll-
ity on the part Of respondent, but has
been often resented with much spirit,
for respondent is not devoid of temper,
and has not infrequently allowed the
same to get the better of her judgment.
Still, such course Of conduct on the
part of relator has been without
justification, and has been, and was in
tended to be, harassing and veXatious.
''In the early part of the year 1893,
without any adequate or reasonable
cause or provocation, relator forbade
his wife speaking to him, or in any
manner addressing him, except in
writing, or through a third party as
y
to his wife or let her speak to him for
a period of six months until through
the intercession of his wife, made by
letter, and so made by her for the peace
and good order of the household and
for the sake Of their children, he coldly
reluctantly and with much Indifference
consented to remove the ban and to a
restoration of spoken language as a
l,
mot long thereafter, without reason
able cause or provocation, relator re-
fused to longer cohabit with the re-
spondent as his WIFE and for more than
a year, and up to the present time he
has continuously occupied and slept in
an apartment separate and apart from
his wife, and has refused to have any
social or domestic intercourse with her,
save such as was essentially necessary
for the conduct of the affairs of the
household, though there has not been
during said time any intermission in
the use of coarse and
PROFANE LANGUAGE
to and in the presence of his household
in the manner and of the general char
acter hereinbefore mentioned. Pro-
voked by such unkind and harsh treat
ment, respondent abandoned her hus-
bands home, taking their said child
with her, as hereinbefore stated, and
was justified in so doing.
while relator is anxious to secure
the custody of his child, he is willing
his wife should seek another home
and is unwilling to have her return. He
does not forbid her from doing so, but
she is assured of a cold welcome in
case she should return, and there is no
promise and no indication that there
will be any change in his treatment of
! her, and under the circumstances. as
| they at present exist, she is not under
any legal or moral obligation to return
| to her husbands home and become a
| member of his household
"Relator seeks to recover possession
| of his child not alone because of his
| affection for it, but in no small part
| for the purpose of asserting his sup
| posed superior legal right to such Gus
| tody, regardless of the feelings, wishes
| and rights of respondent. The child.
the custody of which is sought by this
proceeding, is a bright, healthy four
year-old boy. BY reason of his tender
years, he requires, and should have a
mothers fostering care and SUPER
| vision. Such care and attention as the
| respondent, as now situated, is able and
willing to give.
| "Relator, upon the other hand. is
| apparently so circumstanced as to re-
quire him to be absent from home much
of the time during the day. His house
| hold, as it now exists, consists only of
| himself and his little girl of the age Of
| fourteen years. He is not so situated
! as to be able to give this child
OF TENDER YEARS
the care and attention which it re.
| qulreS, and he was not, and is not, d
proper custodian of the child, and, ever
| If he were, l do not think, under the
conditions as [ have found them to eX
list, the mother should be deprived o.
the custody of her offspring.
''At the same time it is proper tha
the relator should be permitted to SEE
his child, and enjoy it's company at sea
sonable hours, and under proper re
strictions
''By reason of the foregoing facts a:
have found them to exist, and which
are all that is necessary to find for E
! OSleI VI IlllS case, 1t is nerSDN
ordered that the general care and Gus
tody of this child, Valentine Flint. b,
remanded to and remain in responder
until the further order of this court, bu
said respondent must not remove sucl
child from said city of st. Paul
Further ordered, that relator shall
have the right to visit said child a
least three times in each week, at con
venient and proper hours-not earlier
than o'clock in the morning or latel
than o'clock in the evening, eacl
visit being not longer than one hour
and shall have the further right t.
take such child to his home, for wall
or drive, and have the custody an(
control thereof every Sunday from tn,
hours of 2 to o'clock in the afternoon
always returning such child to the Gus
tody of his mother at or prior to thu