The morning times., 1896-06-14
IS GIVEN HER CHILDREN
Mrs. Slack Will Have Them
Through the Summer.
COURT ISSUES THE ORDER
Her Custody of the Little Ones VIII
Continue Until the supreme Court
Makes Final DisposittO of the
Long DrawnOut Flght-Justtce
Alvey Dissented.

The court Of appeals disposed of the mo-
ton of Mrs. Mary kemble Slack for the
guardianship Of her two little girls yestcr-
day afternoon by ordering Judge McComas
to turn them over to her until the Supreme
Court of the United States makes final order
In the case. The decision Of the court,
reached after an hours deliheratioa al the
conclusion OF the argument of counsel, was
received by the crowd about the court
house with delight.
Justice McCUmas is out OF the city and
will not return until next Wednesday, il is
% undo rstood. Julian q. Buckley WAS at the
city hall shortly after the decision was an
Dounccd. he said to "a Times reporter that
pending the return of Judge McComas no
further steps would he taken in the case,
he believed. He expressed no fear that an
other attempt would be made 10 place the
children beyond the jurisdiction OF the court.
The Supreme Court of the United states
has adjourned until next October. There
is, therefore. no possibility thatthe case will
come up again before that time, while the
probability is that several months will pass
before the hearing can be reached.
MUST GIVE SECURITY.
During all this time Mrs. Slack is to
have control over her little girls. provided
She gives Judge McComas security that
the children VIII be returned to the juris-
dictiOn of the court to abide by the final
order.
The court of appeals held a special
meeting yesterday morning to hear the
latest motions in the case. Counsel for
Mrs. Slack, Messrs A. s. Worthington,
George F.. Hamilton, and Julian a Buck
ley, asked the court to either send down TO
Judge McComas forthwith the mandate
recently drawn in the case and not re-
turnabc ordinarily until the 18th instant
or to issue an order giving Mrs. Slack the
temporary guardianship and control of
her children.
Judge Jere NJ. Wilson and Messrs John
son and Carlisle, on behalf of Mrs. Addie
Slack Perrine, the aunt of the little ones,
and in whose custody they now are, op-
posed the petitions. holding that the court
had no present jurisdiction in the matter
and that the case had now passed TO the
Supreme Court of the United States on d
writ of error that had already issued.
The arguments that began at o O'Clock
in the morning did not close until almost
z O'Clock in the afternoon. The five at
tOrneys engaged on either side were heard
before the case was submitted.
JUSTICE ALVEY DISSENTED.
1t had already been declared that an
adjournment Of the court should he de
with the week and the justices Immediately
retired to consider the arguments. Shortly
after O'Clock an opinion was formula ted,
Chief Justice Alvey dissenting as he did
In the original opinion, reversing the judg-
ment Of the court below.
The order OF the court read as follows:
Mary Kemble Slack VS.. Lewis and Har-
riet Addie Perrinc:
Upon the motion OF the appellant Mary
Kemble Slack, in the above entitled cause
respecting the custody and control of the
infant children, Mary, Juliet Gerard Slack
and Catherine Addie Slack, pending the
writ of error sued out by the appellees here
IN 10 the Supreme Court OF the United
States, il is ordered by this court, this 9Th
day OF June, A. D., S96. that the justice
OF the Supreme Court of the District of
Columbia, who issued the writ OF ha beas
corpus, be and he is hereby authorized and
empowered to place the said infant children
In the custody OF the appella Mt, Mary Kemble
Slack, pending the appeal, upon her giving
satisfactory security for the return of said
children to the Jurisdiction of the court
and to abide by and perform the final order
OF the court in the promises, the security
to be given tC be tisfactory TO said justice
and TO be approved by him.
HAS BEEN A LONG FIGHT.
The interesting history of Mrs. Slack's
deprivation of and subsequent fight for her
Nu'ioitH - W nloSl Inc
Times. Mr.. Slack was q popular society
and club man in Washington. After some
years of married life thorns grew in the
pathway and Il separation finally occurred
betw Wen him and his young andpretty wife.
Two girls had been born to them. These
children Were in September, 1894, al
lowed TO visit their aunt, Mrs. Perrine of
Trenton, n. j. Some time after this Mrs.
Slack brought suit for separation against
hlghnnd hn linr,
pending he made a visit to the home of Mrs.
Perrine in Trenton, where be died quite
suddenly.
In will left by him 1t was discovered
that he had left his little children to the
guardianship of his sister and their aunt.
On that, it is said, the Perrines refused
to permit the children to return TO their
mother in this city.
Mrs. Slack began ii shtint the New Jersey
courts for the recovery of her little ones
through habeas corpus proceedings. Mr..
Slack's sister recorded an answer to the
petition in which she made many charges
or immortality and dissipation against
Mrs. Slack. For those reasons she said
the mother was not a fit person TO bring
up the little ones. Mrs. Slack denied
all of the charges.
THE JERSEY DECISION.
The matter finally reached settle
ment IN New Jersey when the court OF
cbancery instructed the Perrines to turn
the children over to their mother. With
that Mr.. and Mrs, Perrine left the iuris-
diction of the New Jersey tribunal and
came to Washington.
Mrs. Slack found it necessary to repeat
here the proceedings that she had insti-
tuted there and the unpleasant charges
were again rehearsed. The trial court
refused to recognize the decision of the
New Jersey court and the case was car
ried to the court OF appeals. Little more
than week ago this tribunal reversed
the decision reached by the court below
and ordere1 that the trial court turn them
over to her.
Before the mandate had had the cus-
tomary time TO be sent down to the court
below the announcement was made that
the Trenton court had rescinded its own
order. Mrs. Perrine's counsel thereupon
asked for a writ of error to take the
matter To the Supreme Court OF the United
0fat ha han