Evening star. [volume] (Washington, D.C.) 1854-1972, 1896-06-15
GETS HER CHILDREN
Mrs. Slack to Give Bond in Ten
Thousand Dollars.
MRS. PERRINE'S COUNSEL SURPRISED
Supplementary Order From the
Court Of Appeals
S SETTLES THE AFTER

Although the Court of Appeals Saturday
afternoon. as stated in The Star, made an
order authorizing and empowering Judge
McComas to give Mrs. Mary Kemble Slack
the custody of her two children, pending
future proceedings in the controversy,
counsel for Mrs. Addie Slack Perrine. the
aunt and testamentary guardian Of the
children, this morning suggested to Judge
Hagner that upon information and belief
she believes that If Mrs. Slack is given the
temporary custody of the children their
mother will take them not only out Of the
District, but also out of the country. Mrs.
Perrine's counsel, therefore, petitioned or
suggested to Judge Hagner that he should
make such alleged intention on the part of
Mrs. Slack impossible by restraining her in
some way
Mr.. Calderon Carlisle. on behalf of Mrs.
Perrihe. argued that Judge Hagner still
retains Jurisdiction over the custody OF the
children because OF the injunction pro-
ceedings II stituted before him. The order
Of the Court CT Appeals made Saturday. he
explained, does rot direct Judge McComaS
to turn the children over to their mother
but merely leaves 1t to his discretion to do
not to do
Mr. George E. Hamilton, representing
Mrs. Slack. insisted that the Court of Ap-
peals by Its order of Saturday. expressly
decided that Judge McComas. and not
custody of the children. He also explained
that Mrs. Slack ras no intention OF evading
the jurisdiction Of the District courts. and
remarked that she will gladly and willing
ly give the court whatever assurance 1T
might desire Of her strict observance OF
the courts wishes and orders respecting
the custody and location Of the children:
Judge Hagner took the papers In the
case, saying that he will make known MS
decision tomorrow morning.
Before Judge McComns.
At noon. Mr.. Hamilton appeared before
Judge McComas, asking the Judge to at
once give the children to their mother in
conformity with Saturdays order of the
Court of Appeals. Mr.. Carlisle pleaded for
further time in which to answer the mo-
ton Judge McComas gave him until ~
this afternoon, explaining that he would
dispose of the molten today.
Sprung n Surprise.
When the hearing was resumed before
Judge McComas this afternoon counsel for
Mrs. Slack sprung quite surprise upon
Mrs. Perrine's counsel, Mr. Hamilton read
irg amended orders of the Court Of APP
peals which he obtained after the ad-
tournament of the hearing at noon
These orders not only authorized and en-
powered Judge McComas but also directed
him, without reference to any other pro-
ceedings in the Supreme Court of the Dis
trict, to place the children in the custody
of their mot her, pending the appeal to the
United States Supreme Court, upon giving
security to Judge McComas that she will
obey the further order of the court.
The Court of Appeals also directed Judge
Hagner to take no action in the matter OF
the suggestion made to him by Mrs. Per
rine's counsel this morning.
Mr. Hamilton explained that Mrs.
Slack's counsel had only received notice of
the petition presented to Judge HaSner this
morning. when the judge himself notified
them. After the hearing before Judge Hag-
ner, further explained Mr.. Hamilton, he
felt it to be both proper and to be his duty
to present the matter to the attention of
the Court of Appeals. Thereupon, that
court had made the orders presented by
him to Judge McComas.
Mr.. Hamilton also said that Mrs. Slack
never had any intention Of taking
the children out Of the courts Jurisdiction.
On the contrary, she stood prepared and
willing to give bond in any amount to obey
the order of the court as to the location of
the children pending future proceedings.
Ordered Delivered.
After a short consultation between the
Judge and counsel 1t was agreed that Mrs.
Slack shall give a bond of 10000 to obey
the future orders of the courts, as well as
to produce the children in court whenever
required and not to take the children out
OF the country.
Judge McComas thereupon ordered that
the children shall be delivered over into
the custody of their mother, and he fixed
AS this afternoon as the hour when Mrs
Slack shall give the bond and take her chill
dren, counsel for Mrs. Perrine saying that
upon the approval of the bond at that time
the children will be delivered to their
mother