The Brunswick times. [volume] (Brunswick, Ga.) 188?-1900, 1897-07-20
who SHALL HAVE
THE LITTLE boy +?
A Touching Case Heard by
Judge Sweat Yes
terday.
ESTES MASTERFUL SPEECH.
The Habeas Corpus Proceeding of Mrs. A. F
Franklin to Regain the Custody
of Her Grandson

Grandmother and father faced each
other before Judge Sweat, in superior
court yesterday, each claiming the
custody of little dark-eyed boy of
four years, who, while the lawyers
discussed his future, played lnnocently
about the courtroom with his little
cousin, entirely ignorant that his tate
was being decided then and there.
1t was the hearing of the habeas cor
pus case, brought by Mrs. A. F. Frank
lin against Matthew J. Carswell, of
Waycross, an account of which ap-
peared in last Saturdays TIMES.
Mr.. Carswell, ,as will be remembered,
married MISS Minnie Franklin, young
est daughter of Mr.. and Mrs. A. F.
Franklin, of this city. 10 them was
born q son, Owen, the innocent cause
of action in the present litigation.
Mrs. Carswell died soon after the birth
of the boy, and from that time up to
last April little Owen lived with his
grandmother in this city, and they be-
came, naturally, very strongly at
taohed to each other. Mr.. Carswell, i,
in the meantime, married again and
has another son by his second wife.
Last April the father of Owen took
him from his grandmother to his home
in WaycrOss, where he has since lived.
The separation was a sad blow to Mrs.
Franklin. She has instituted the
present legal proceedings to compel
the return of the boy to her.
In the hearing yesterday, Mrs.
Franklin was represented by Estes &
Jones, of Macon, Atkinson & Dun
wody and F. E. Twitty, of Brunswick.
The case was one in which senti-
ment played a strong part. The spec
tators were visibly affected at differ
ent stages of the proceedings. The
presence of the contesting PARTIES
the grandmother, fearful and emo
tional; the father, showing the deep
feeling within him-and of the little
boy, running from father to grand
mother and back again, as though to
illustrate the great question of the
hour-all contributed to make the oc-
casion touching one.
Mrs. Franklin's chief contention
was that Carswell had voluntarily
given her the custody of the child,
and had promised never to take it
away-a contract which the law recOg-
nizes in cases of this sort. She claimed
that she had contributed mainly to
its support, receiving only occasional
contributions from the father. These
statements Carswell denied, and
claimed further that the welfare of
the boy demanded that he be kept at
his home, alleging certain things in
regard to Mr.. and Mrs. Franklin,
which he thought would be detri-
mental in their influence on his son.
A number of prominent young men,
who have been and are now boarders
at Mrs. Franklin's, testified to her care
full and patient attentions to the little
boy, ard also to the peace, tranquility
and moral atmosphere of her home.
The argument was extensive.
Speeches were made by Mr.. Jones, of
Macon, Judge Sam Atkinson and Col
onel Estes, of Macon, in Mrs. Frank
Inns behalf, and by Col. W. M. Toom-
er, of Waycross. for Mr.. Carswell.
The feature of the trial was the
brilliant speech of Col. Claude Es-
tes, of Macon, who concluded for Mrs.
Franklin. Col. Estes partner, Mr..
Jones, is Mrs. FranklIn's son-ln-law,
and, as the attorney stated, his love for
his friend moved him to deeper and
warmer feeling in the case than any