Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1896-11-25
NO JURISDICTION.

Judge Watts says he has no jurisdic-
ton over Foster Anderson, the little
6-year-old daughter of Mr.. and Mrs.
Robert A. Anderson. He holds that the
child is in the custody OF the chancery
court of Georgia and that he has no
right to make disposition of it. The
child, therefore, remains in the custody
of Mrs, Anderson.
The habeas corpus proceedings brought
by Mr.. Anderson for the custody of his
child, were called up last Saturday after
noon at o'clock. There was great
deal of interest manifested In the case,
and quite a large number of people
assembled in the courthouse to hear it.
Mr.. Anderson was represented by Messrs.
w. B. deLoach and D. E. Finley, and
Mrs. Anderson by Major J. F. Hart
Colonel l.. F. Youmans and Mr.. 7. F.
Mellow.
The petition of Mr.. Anderson set forth
that he was the father of the child, Foster
now in the custody of Ellen Anderson
It went on to allege that Ellen Anderson
was an unfit custodian. AS shown by
the testimony in the case of the State
against Reese, ct al, the mother had been
living an immoral life. Itwas superficial.
ly stated that she been living in house
belonging to NJ. r. Reese, and in adultery
with him. On account of these things
the court was asked to take the child away
from its mother and either give it to its
father. or make such disposition of it as
would guarantee its future moral welfare.
| In her return, Mrs. Anderson claimed
that neither she or Robert A. Anderson
were citizens of this state, and that the
court was without jurisdiction. She de-
MED that she had ever lived with M. 4
Reese or in his house, or had led an i'm
moral life. Next, the return set forth
the date of the original marriage in 1890
separation in 1892, an agreement that
had been entered into between her hus'
band and herself in that year, and showed
that this agreement had become part OF
q divorce decree that was made by the
superior court of Whitfield county. Ga,
on February 20, 1894. BY this decree, one
Julian McCaney had become the guardian
of the child, which was still in his custody.
The agreement referred to was one
signed by Robert A. Anderson. In con.
sideration of the separation that had
taken place, he waived all his right to
the sum of 81, 200 that he had paid into the
hands of the guardian for the use of the
child. The child was to remain in the
custody of the mother until it should at
tain the age of IL years, when it was
to be placed in boarding school to be
agreed upon by the father and mother.
In the event of their failure to agree upon
boarding school, then the school was to
be selected by the guardian, and after the
completion of the child's education, il
should be allowed to go to either the faith
er or the mother, whichever it might
choose. In the meantime, Mr.. Ander-
son was to contribute such sums OF
money AZ might be necessary for the
child's maintainance, and either parent
was to have the right to visit it whenever
they might desire.
In reply, MIR. Anderson's counsel sub
mitted affidavits from D. L. Brown,
j. w. Duff, DR.. J. T. Darwin, w. H.
Newbold, R. S. Withers, J. G. Duncan
and John NJ. Guyton, to prove the i'm
moral character of Mrs. Anderson, and
an affidavit from J. D. Smith to the
effect that he had sold the house in
which Mrs. Anderson had been living
in Blacksburg to her; but that payment
. for it had been arranged by NJ. R. Reese.
There was also all affidavit from Mr..
Anderson setting forth his re-marriage
with Mrs. Anderson in the spring 1894 at
Blacksburg, by Rev. w. S. Hamiter, and
at the time of such re-marriage, Mr.. An
derson had no personal knowledge OF
the fact that his wife was corrupt
woman.
Nj ajor Hart submitted affidavits from
mayors of Demorest, Ca, to the effect
that Mrs. Patterson, Mrs. Anderson's
mother, was a highly respectable lady,
and that her husband, DR.. Patterson,
also stood high in the community. Ma
jor Hart also read the letter of Robert
Anderson written from Crescent City,
California, and which was introduced in
evidence in the Reese case. Although in
this letter Anderson stated that he was
the worst man on earth, the text did not
show it. 1t was not a proper letter in
some respects but it showed tender
regard for the wife and child. The occa-
sion appeared to be fear that the writer
might be caught by the Federal authori-
ties, and for this reason he had made up
his mind to 60 to South Africa. He
never expected to see his wife again and
gave her permission to marry if she
should have the opportunity. He was
especially solicitous about the child
Foster, and begged his wife to make
good woman of her.
Mr. deLoach read a number Of affidavits
| from Georgia senators, representatives
and other public officials, giving Mr.. An
derson splendid reputation for integrity,
sobriety and gentleness of character etc.
There was also an affidavit from Mrs. S.
G. Fields setting forth that she had in her
hands property to the value Of between
g, 900 and $1,000 belonging to Mr.. Ander-
son, and that Mr.. Anderson has sister
who is worth $4,000 in her own right.
In behalf of tho petitioner, Messrs. Fin
ley and deLoach contended that the court
had full jurisdiction. The agreement
set up by the respondent could no longer
he of force an effect for two reasons. In
the first place, after the agreement was
made, it developed that the character of
the woman was such as to render her an
unfit custodian of the child. Even in the
absence Of the husbands petition, in view
of the facts that had developed, it would
be the duty of the court to take the child
away from it's mother and so dispose of
it that it might be reared under law
higher than all other laws-the moral law.
In the second place, this alleged agree
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