The morning news. [volume] (Savannah, Ga.) 1887-1900, 1899-11-04
HE LOVE OF A FATHER.
mn RECOGNIZED 1T ENTITIES
stu TO SEE HIS CHILDREN.


o.5,r In the smith Divorce Suit Pre-
,o,slv Granted Modified, So as to
p.r,nit smith to See and Talk With
Ms children as often as He De-
.,r.s. nj Any Time and In Any
place other Than the House of the
votber-The Illness of Mrs. Smith
c,nsed a Third POstpOnement OF
u,e Principal Case-Hard Fight for
.,e custody of the Children Like
" to Develop.
martial hearing of the divorce, all
.,,rv Injunction and contempt proceed
,,os Instituted in the Superior Court b.
Mrs. sallie V. Smith against her husband,
William p. Smith, was had before Judge
rareart yesterday morning. AS a result
If the hearing and the arguments of
corrseL. the restraining order hitherto in
force was materially modified.
Mrs smith had obtained against her
husband an order restraining him from
visiting The house which she occupied
with their children, from talking with the
children or seeking to interfere with their
mothers custody ands control of them.
Subsequently TO the grant of this restrain
ing order, Mrs. Smith filed in court
verified petition, showing that her husband
had violated the order by coming to her
bonse aud on many occasions talking to
the children and, as it was charged and
alleged endeavorlng to prejudice their
minds against their mother. Upon this
showing the defendant was required to
appear before the court and show cause
yhv he should not be attached for con-
tempt
The hearing has been set for several
DAYS at varying periods, but has been
postponed in every instance, because of
the continued ill-health Of Mrs. Smith,
who il is said, has not been able to APP
pear in court and prosecute the case
against her husband, nor assist her at
torneys in securing evidence and examin-
ing the witnesses.
When the case was called yesterday
morning Mr.. Shelby Myrick, for the plain
tiff. urged the grant of an order directing
the further continuance of the case, on
the ground of the illness of Mrs. Smith |
Mr.. j. R. Saussy, representing the de- |
fendanl, Sd1Q ne WOuIQ not OBJECT TO the |
continuance Of the cases of alimony or in
junction, nor urge that the custody of the
children be transferred from the wife to
the husband. but he would ask that at
any rate Smith be allowed 10 see and talk |
with his children, at his own residence or |
place Of business. Mr.. Saussy made a
pathetic plea in favor of the continuance, |
by encOura cement of the court, of the rea-
sonable and paternal relations that ought !
h1tw ST. IL, Il
children
Il was quite evident that the Judge was
affected by the argument, thus skilfully |
directed and when Mr.. Myrick said that !
his only objection TO the modification of |
the res raining order previously granted !
was that it might permit the husband to
prejudice the minds Of the children !
against the mother, the order was prompt |
ly written and granted by the court.
It provides that both husband and wife |
shall be permitted to see the children as
often as they please, so far as it can be !
accomplished with a due regard to con- |
Vemence, but that the mother shall still |
retain the custody and control of them. |
The father is not permitted, further, to |
see his children at the residence of their |
mother, but must arrange his meetings !
with them at his own residence or place |
of business. Then the order goes on to |
hidden, enioined restrained and absolute
ly prohibited from seeking to prejudice |
the minds and affections of the children |
against the absent parent at these inter
views
The hearing upon the petition for tenn
porary alimony and the question of the |
custody of The children were postponed |
until such time IS may be agreed upon by |
counsel or until the further order of the |
court The duration Of Mrs Smiths i'll |
ness is unknown, but as soon as she is
suIlciently recovered to appear in court |
ne hearing, probably will he held.
or The first time in the history of the |
case, something of the defendants line of |
q. lens Sc was developed in the statements |
OF ms counsel 10 the court. In asking that |
me Iather be permitted to see and talk |
WIN his children, Mr. Saussy commented |
on inc MUS ice Of issuing such a restrain
ing order, and keeping it indefinitely in |
force. before there had been any showing |
Ihal the father was not a fit and proper |
person 10 be with his children The very |
coh .rary was the case, Mr.. Saussy vigor- |
ou1F contended as could be easily DEM |
tllSHaied. 1t is very evident that when |
tHe question Of the custody of the children |
CONES up for final determination. the ia |
lher VIII make every effort TO take them |
a"ay from the mother and keep them for |