The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-02-25
GIVEN TO HER GRANDMOTHER.
EVA BELL TAKEN FROM THE FE-
MALE ORPHAN ASYLUM.

Grandmother Sued to Recover the
Child From the Asylum's Custody
and Brought Habeas Corpus Pro-
ceedings Before Judge FaIIigant.
Father Had Given Her to the
GRANDMOTHER, and Her Mother to
the AsyIum-Kean VS.. McAIpin
Case StiII in Progress.
There was an interesting habeas corpus
petition before Judge Robert Faligant In
chambers yesterday morning the petition
er being Mrs. Nancy A. Dean, grandmoth-
er of Eva Vienna Bell, girl of IA years,
who has since 1891 been in the custody
Of the Savannah Female Orphan Asylum,
from which Mrs. Dean has sought TO take
her.
1t seems that Feb. g. 1888, according to
Mrs. Deans petition, the girl was bound
to her by her father, w. L. Bell, and Mrs
Dean was given entire custody and con-
troll of the child. In January, 1891, the
child's mother bound her over to the Sa-
vannah Female Orphan Asylum, where
she was to remain and be cared for ana
educated until she became IS years old
Mrs. Dean claimed that the mother had
no authority TO place the child in the Gus
tody of the asylum. She alleged also that
she had been deprived of the custody Of
the child without her knowledge or con-
sent and stated that she now desired 10
resume custody of the girl and to look
after her maintenance and education. She
applied TO the court for writ of habeas
corpus, which was granted, and the hear
ing had at once Mrs. Dean was repre-
scented by Messrs. Twigg & Oliver.
Mr.. Emile Newman filed an answer to
the suit in behalf of the Savannah Female
Orphan Asylum, in which it was denied
that the asylum had secured control of
the little girl in any Illegal manner 1t
was stated that she was given to the
asylum by her mother who stated that
she had the power to do so. This was in
January, 1891 and the articles of indenture
were made before Judge Hampton L. Fer
rill, of the Court of Ordinary. 1t was the
provided that the asylum should have sole
executive care of the child until she be-
came is years Old.
The authorities of the Savannah Female
orphan Asylum have since learned that
the little girl was bound to her grand
mother in 1888 in Dodge county, but nothing
was said about it at the time the child
was placed in the asylum, nor was any
claim made in behalf of anyone In the
summer of 1897 the mother made a de-
mand for the child which was refused.
Mrs. Dean then made demand when
was also refused.
AIter nearing the case Judge Falligant
decided that the little girl should be re-
turned to her grandmother, and an order
was granted to that effect
The trial of the suit of John Kean and
others against Henry McAipin, complaint
for land, was continued in the Superior
Court yesterday, considerable evidence be-
ing presented before the jury. There were
numerous objections to this and that doc
umentary evidence offered by the plain-
TINS, and considerable legal sparring was
the result. 1t is not likely that the case
Will be concluded until THIS afternoon. The
plaintiffs are represented by Messrs. Saus-
sy q Saussy and U. H. McLaws, and the
defendants by Messrs McAlpin & La
Roche, and Messrs. Garrard, Meldrim &
Newman.
Ellen Davis, through her attorney. filed
| a petition for alimony against her hus-
| band, j. r. Davis, in the Superior Court.
On Feb. u he flied a suit for divorce
| against her, which she states she is not
doIe 10 defend because of a lack of funds
but she denies the truth of the allegations
therein contained. Davis is a barber and
her petition states, he is earning $15 a
week, besides which he has considerable
property. The case will be heard March 2.
To-day is criminal court day in the City
Court. There are twenty five misdemeanor
cases on the docket, or were yesterday at
noon and they were still coming The
chances are that Judge Norwood viii.
have one of the largest weekly dockets he
| has known in some time
In the Court of Ordinary yesterday D.
kraus filed petition requesting permits
| sion TO resign as administrator of the cs-
tate of w. w. Bussey, Jr, and asking
that j. F. Brooks, county administrator.
| DE appointed in his stead. The matter
Will come up for a hearing the first Mon
day in March.
Alonzo NJ. West Jr., administrator of the
estate OF Kate NJ. Thomas. filed an apDli-
cation for letters dismissory
THINKS HE WAS MURDERED.