Tazewell Republican. [volume] (Tazewell, Va.) 1892-1919, 1899-11-23
HABEAs CORPUS PROCEEDING.
A Novel Case Heard and Determined by
County Court.

County Court.
In our columns, recently, we several time:
mentioned the habeas corpus proceeding
of Mrs. Kate Campbell VS.. w. w. Ruff, III
which proceeding the petitioner was seek
ing to recover from the respondent pos
session of her children, who had been in
his custody since June, 1898. The case
had been pending before Judge Stuart, OF
the county court of Tazewell, for about one
month, and on last Thursday the trial was
begun before that court in vacation. Mrs.
Campbell, the petitioner, was represented
by Messrs. V. L. Sexton and H. G. Alder
son and Col. A. j. May; and the Rev. W..
w. Ruff, the respondent, by Messrs. Geo.
w. st. Clair and A. P. Gillespie.
A number of witnesses had been sum,
moned by both parties and they were'
most of them, in attendance. The taking
of the evidence was commenced on Thurs
day, and all that day and Friday, Saturday
and Monday of this week were occupied in
the examination OF the witnesses.
The trial taking place in the law office
of Judge Stuart rendered it comparatively
private, as many persons could not get
into the room.
On Tuesday morning the case was argued
on the facts and the law, by Col. May and
Mr.. Anderson for the petitioner, and
Messrs. St. Clair and Gillespie for the re-
spondent. The arguments OH both sides
were strong from their different stand
points, but it seems to be conceded by all
that Mr.. Alderson's was the speech OF the
occasion, it being commended, by those
who even differed from him in his con-
clusions, for its lofty sentiment and able
presentation of facts.
At two O'Clock Tuesday afternoon Judge
Stuart rendered his decision in the matter
He denied the petition of Mrs: Campbell,
dismissed the same, and left the two chill
dren in the keeping of Mr., Ruff. Counsel
for Mrs. Campbell made a motion to
spread tie facts and announced their IN
tention to appeal the case to the circuit
court.
The facts In the case, briefly told, are as
follows:
In 1891 Mrs. Kate Campbell (whose
husband, Mr.. VIM. Campbell, was then
living lived at Chatham Hill, Smyth
county, Va. She became insane and was
sent to the Southwestern Hospital, at
Marion, Va, for treatment. She had
eight children, among them Flora, an in
fant some six months DID, and Katie, about
two and half years old. Some time after
Mrs. Campbell was committed to the
asvlum her husband died, and all the
children were taken to the house of Mr..
Lvsander Campbell, brother of the de-
ceased. Then Mr.. William Campbell, son
of Lvsander Campbell, qualified as guardl-
an of the children. He soon began to
hunt for homes for them; and induced MIR.
Ruff, who was then living at Long Hollow,
in smyth county to take charge of Flora
and Katie, Mr.. Ruff engaging to rear them
"a if thev were his own children, they to
remain with him until they became of age.
This was in June, 1898. In October, 1893,
Mrs. Campbell was discharged from the
asylum as cured. After that time, prior
to 1896, when Mr. Ruff moved to Tazewell,
Mrs. Campbell made several efforts to get
Mr.. Ruff to restore the children to her
custody, which he refused to do-asserting
that he did not believe she was in aproper
state of mind to care for the children, and
that under the circumstances it was both
his right and duty to retain them in his
custody.
In February, 1896, Mr.. Ruff moved to
Tazewell to enter upon the duties of pastor
of the Presbyterian church at this place,
in which position he still continues
A few months ago Mr.. Frank Campbell,
brother of Flora and Katie, who had at
tanned his majority, qualified as their
guardian, their former guardian having
moved from this State to West Virginia
Mr.. Frank Campbell. in his capacity OF
guardian, came to Ta2ewell and demanded
the children that he might restore them ia
their mothers custody. MIR. Ruff, foI
the same reason that he had before as
signed, refused to give up the children.
Thereupon Mrs. Campbell, through hel
counsel, Mr.. V. l.. Sexton, presented hel
petition to Judge Stuart for awrit OF habea'
corpus, and the court directed the issuance
Of the writ.
We will not undertake TO give any o
the facts or law that were developed IN th'
case, as it will go to higher tribunal fo
its decision.
J heath of An EStimable Lady.