Evening star. [volume] (Washington, D.C.) 1854-1972, 1896-06-06
Mrs. Slack Applies for Their Gus
tody Today.
PERRINES SPRING A SURPRISE
They Intend Going to the Supreme
Court.
D E L A Y AL o W E D

Judge McComas this afternoon heard the
motion of Mrs. Mary Kembe Slack that
he surrender to her the custody Of her
two little girls during any further proceed
ings which may be had respecting the
possession Of them Since the death of
their father, VIM. H. Slack, last October
the children have been in the custody Of
their aunt and testamentary guardian Mrs.
Lewis Perrine When the Court of APP
peals held Tuesday last that the order
Of the chancery court of New Jersey,
awarding Mrs. Slack the custody Of the
children, must be respected and obeyed
binding upon the courts of the District,
Mrs. Slack made the motion heard this
afternoon.
When the case was called up today,
counsel for Mrs. Perrine, Messrs. Carlisle
and Johnson and Jere NJ. Wilson, sprung
surprise upon Mrs. Stacks counsel,
Messrs. A S. Worthington and Geo. L.
Hamilton. by informing Judge McComas
that Mrs. Perrine this morning sued out
writ Of error from the Court of Appeals
to the United States Supreme Court The
allowance of that writ they claimed took
the case out Of the jurisdiction of not only
the Court Of Appeals, but also out of the
jurisdiction of Judge McComaS They
therefore objected to even hearing of the
motion by Judge McComas insisting that
he cannot disturb the custody of the chill
by the Supreme Court.
The Two Sides.
Mr.. Hamilton contended, however that
Judge McColnas was not asked to enforce
the judgment of the Court of Appeals. On
the contrary, he argued that lie was asked
merely to transfer the custody Of the chill
dren for a temporary period. That is, he
explained, during that period only pending
final determination of the controversy by
the Supreme Court. Mr.. Hamilton frankly
stated that Mrs. Slack desired to gain pos
session Of the children. ito prevent sec
ond theft" of the children, they having
been stolen, he claimed, from the iurisd:c-
ton Of the chancery court of New Jersey.
Replying t. Mr.. Hamilton, Mr. Car!.sis
Insisted that the mandate of the Court o.
Appeals not having been sent down, Judge
McComas is without judicial Knowledge OF
the decision of that court. He also insisted
that the allowance Of the writ of error to-
day prevented any action whatever by him.
Mr.. johnson argued that the District Chan
Gerry Court, Judge Hagner in the present
instance alone has jurisdiction over the
custody Of the children, and that he alone
has the power to disturb the present Gus
tody of the children. Referring to the al
legged theft of them. Mr.. johnson explain
ed that he and Mr.. Carlisle were respons-
ibie for the removal of the little ones from
the Jurisdiction OF the New Jersey court
to this city. They believed then, and still
believe, that they advised Mrs. Perr.ne
properly and wisely. He also stated that
there is and has been no danger Of the
children being removed from this jur.sd!c
ton. Had they so wished, the children
could long ago have been removed from
this jurisdiction.
MIR. Wilson remarked that the purpose Of
Mrs. Stacks motion was an attempt to
gain possession of the children through a
back door.
Mr.. Worthngton ridculed the idea that
Judge Hagner, and not Judge McCom2s,
has judicial custody of the children. The
Court If Appeals, in its opinion, he said.
recognized no such CONT ntion. On the
contrary, it expI essly stated that tins
court (Judge McComas) shall turn the lit
tie ones over to their mother.
And when the mandate of the Court of
Appeals comes down TO me-" remarked
Judge McoCmas, Il will promptly observe
ii, and act ii directs me-
Continuing, Mr.. WorthinSton denied that
writ of error, even if allowable, thing
he doubted takes the case out of Judge
MCComas' Jurisdiction. The children We're
never out of his custody, the judge merely
custodian Of them. He therefore be
sought Judge McConas in the name of
motherhood and humanity to turn the
children over to their mother. pending
future proceedings respecting their
tody.
act in the matter al the present time al
though he again remarked that he would
promptly award the custody of the chill
Gren to their mother he moment the man
That would he the 18th of this month, he
said, provided counsel for Mrs. Slack sue
coed, they seemed to anticipate they
will, in having the mandate sent down
without delay, and despite the suing ont
of the writ eff error to the United States