The morning times., 1896-06-07
Judge Mecomas Declines TO Give
Mrs. Slack Her Children.
WRIT OF ERROR TO BE ASKED
Opposing Counsel VIII Carry the Case
to the Supreme Court-Meanwhiie
the Mother Wishes To Send Her Lit
tie Ones TO the Country for the
summer.


motion asking that the two little girls
OF Mrs. Slack he given iuto her custody so
that she may send item away to the
country for the summer months.
TIE court denied the request, saying
he would not turn the cLildren over until
the court OF appeals hands oyerthe mandate
III the habeaS corpus case ii decided last
Tuesday. Ten days yet remain in which
this may be done.
None of the interested parties in the
affair, outside OF Mrs Siack's brother,
were present. The Perrines, who stall
have the custody OF the children, and who
are eXhausting every effort to hold them,
were represented by counsel in the per
sons of MeSsrs Carlisle aud Johnson and
Judge Jere NJ Wilson.
Judge McComas had no sooner taken
his seat than Mr.. Carlisle objected TO any
hearing of the case whatever. He informed
tue court and his colleagues that yester-
day morning Mrs. Perrine had applied Tor
a writ of error taking the case to the
Supreme Court of the United States aud
said that Chief Justice Alvey of the court
OF appeals, seemed inclined to grant the
writ.
IN THE COURTS HANDS
Mr.. Hamilton stopped him by saying
that he court had at least the right TO
listen TO their motion.
The custody OF the children" said he,
add rcsSing the court. lis still in your
control. You could order the marshal to
take them into his hands or put them any
place your judgment might deem proper.
In other words. they are i'll the hands of
the trial court
Several cases were here recitcd to sub
stantiate the lawyers claim.
In nutshell, the case is this con
tinucu Mr. Hamilton. We simply seek
TO have the court pass on the custody
Of the children pending the proceedings
tiJJ must follow as ordered by the court
of appeals. The opinion Of the court nf
appeals must lie for fifteen days. We
ask that something be done meanwhile for
these children and we do not want to
find the little girls taken from the iuris-
diction of the court. as WAS done IN the
case OF the New Jersey tribunal"
Mr. Carlisle replied that The whole
cause. in his belief, is out 81 tie juris
q ction OF lIS boGUi's colrt. TIC children
went completely out OF this courts Oh
troll the instant the case Went 10 the
court above. The case is still pending
there.
MIR. Johnson argued to the same end.
DONE BY THEIR ADVICE.
Referring to the alleged theft of tire
children from the New Jersey court, as
Mrs Stacks attorneys had once termed it,
he said that he and Mr.. Carlisle had in
structcu their clients 10 take that move
and that subsequent proceedings may
demonstrate the reason for doing SO. They
were able Ia stand responsible for the ac-
cusation and did not want it mace agains st
the Perriues.
Judge Wilson followed, also for the Per
rues saying that the children are really
/ audcr the care of Justice Hag gner, the Judge
| in chanCcry, and that IT is lie whose duty
| il i> 10 look after the welfare Of the little
! girls.
This motiomis anattcmptby indircction, -
said he, ito have your honor 30 the very
! thing that is ills minute in litigation he
! fore the Supreme Court of the Cuited states.
! There is no showing whatever that tie
! present custody will he in any way i'm
! paIrcG. The case has passed tcyond this
! Jurisdiction, never TO come hack until the
! Supreme Court of the United states has
! passed on the cause" -"
When Judge Wilson finishe! Mr Worth
iugton began an eloquent plea on behalf
| uf the mother. HIS remarks had au OBJ
| servable effect on the Judge and spectators
! for the minute looked for the decision to
| bc directly the opposite from whatit was
PLEA FOR THE MOTHER.
I'VE recognize the fact that no permanent
order can be made said Mr. Worthington
| we merely want your honor 10 provide
/
! over
They are in the COURTS custody You
| simply turned them over to the PCrrincs
for convenience. You might az well nave
| taken them in your arms and carried then
! home So far as your authority i'll the matter
| was concerned. When the mandate comes
| down viii yuH go TO your associate, JUS
! tice Hagner, and ask him what You should
do, as my brethren have suggestcd?''
fzra rod In fiy,f
| right then and there by saying: Il
think now very clearly that / should
carry out the mandate of the court of ap
| peals without unnecessary delay when i
| comes down.
Your honor selected the Perrines as
the custodians of the Children continued
Mr. Worthiugton, 'because there was 6
| priIna facie case making them the Gus
todians They were named So under Mr.
SIack's will Another court has held
that will valid. Your transferencc ot
the children was done then in Difference
10 the decision of that court. Now W,
ask that the order of the court of appeal:
be respected.
1.-The warm months of the summer seaSor
are now on. The little girls should bt
taken from the city's heat and that is VIVA
their mother wants to do with them. The
supreme court OF the United States ha
adjourned until next October. II oul
opponents were permitted to take the cast
there on a writ OF error the delay tina
will follow is evident.
WILL FIGHT THE WRIT.
- will state here, TOO, that we viii
| fight that writ. The court OF appeal
will soon adjourn, also. Therefore, VI
appeal to the court to grant the relief tha
is unquestionabiy within its power ant
| turn the children over to Es.
''The mother has been restrained from TIL
custody of her children since September
| 1894. Not her character then, but he
| character now is the subject to be inquired
into by this court from now on. Let
| be remembered that all OF the time the
| have been away from her they have bee
in tic custody Of The nurse, who made tn
worst accusations against their mother
Judge McComas concluded the case b
saying that willie he believed lie had Per
feet authority 10 q CT, yet lie ltthat IL wa
his duty to watuntil the mandate from tn.
! court of appeals came down in the usua
way. An additional ten days could cei
, taiuly not amount to very much. and tha
was The time remaining in which the mar
date could come down
He would be quick TO turn the cbildre
over however. when he received hi
proper notice.
But are we to understand that Ibis de
cisiou is 20 he binding N event the writ G
error TO the Supreme Court of the Unite
States is grauted?" asked Mr.. Worthipe
ton.
''Oh. no: that will be another matter
and in that case you will again have tn