The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1899-10-13
IIAi}l:iS CORPUS.
Justice Pope DkposyS OF tho Custuly Of
ThrCo Scar Old Child-A Sad
Scene In tho Court
Room.

| On the 3rd Of August last Mr.. John
Is. Dominick filed petition before JUS
ticc Pope praying that 4 writ Of habcas
corpus be directed to Jos. f.. Cuughmun
and wife, requiring them to produce the
body of i}uiOrd DOminick, his Son-thcn
Il child Of three ycars-bcrore him, the
| custody OF whom WAS to be disposed OF
by said Justice.
The petition stated that Mr.. Domi.
| nick was the father of the child and
| that MIR. Caughman and wife were the
| child's grandparents, and that they un-
| lawfully and forccfully detained the
| child at their home against the will OF
| the father.
Mr.. Justice Pope on The 3rd of Au-
gust issued his writ Of habcas corpus,
| being made rcturnablc before him ut
his chambers, in Ncwberry, at II
o'clock on the 9th of August.
The respondents not being able to
get ready for the hearing for the 9th
due to Inconvenience on part Of coun,
sci, Mr.. Justice Pope, by consent OF
counsel, by an order, postponed the
hearing to the III Of October at i /
o'clock.
At that time the return OF respond.
Cnts was submitted, which charged the
petitioner with cruelty aud unkind
| treatment Of his wife, who WAS the
daughter Of MIR. Caughmun and his
wifi, during her life time, intima,ing
that her death was due partly to his
trcatment They also charged that tho
husband had abandoned his wife before
her death, which ncccssitatcd her com.
ing TO their home at which she remain.
cd during her last illness. They also
charged that it was her dying request
! that her parents he charged with the
custody OF her child.
TO which return the petitioner sub
mittcd his reply denying the unkind
and cruel treatment Of his wife, also
| tho alleged abandonment and that she
ever requested her parents to take
| charge Of her child and rear it.
Both sides submitted anidavits, first
| as to the fitness of each to rear the
! child, and as to the uniitTcss Of tho
other for this duty. A few alidavits
were submitted as to the petitioners
wife and the cause of her death.
Judge Pope after hearing all the alli
davits aud arguments on both sides
said that he was lound by the law in
| thI, ,,H wcn1I Il t,> l. -,
custody to the parent, but he said ir
doing so he wished to add one thing
/ that the grandparents be allowed tt
visit their grandchld once month
and on the last Saturday Of each month
between the hours of 10 Il. N. an(
3 p. IN. Counsel for petitioner offered
on the part of the petitioner, also t
add, and as often as they desired: ant
the order was accordingly drawn.
nv. Caughman got the permission O
| the Court to address q few remarks t,
his son-in-law, and he said among
other things, that he felt no malice 10
wards him and hoped that he would b.
a good man and rear up his child right
Mr.. Dominick thanked him for this
and at the suggestion of his counsel
offered to shake hands with Mr.. Caugh
man who advancing toward Mr.. Domi
nick offered his hand. They shooI
hands-also Mr.. Dominicl and Mrs
Caughman, and made friends.
The infant child was then turnc,
over to Mr.. Dominicl1 and was tallc1
home by him. This was the saddles
part Of it all-taking the little chill
from its grandparents while it was pull
ing back and wanting to go with ther
knowing no other parent.
The hearing was held in the Cour
House. Johnstone & Wclch .cprc
sentcd the petitioner, and Culbrcath 1
Rumage and T.. S. Blcase the respond
ents.