The age-herald. [volume] (Birmingham, Ala.) 1897-1902, 1899-08-09
Legal Marriage Of May and Gamble
Woman
FOLLOW COURTS DECISION
Judge WilkeFSOn, in Deciding Case, Care
Oldest Child to Father,
THE YOUNGEST TO THE MOTHER
A Reconciliation Followed, and the FL
male Will Take Place This Morn
ing at st. Paul's With
Priest Officiating.
He YOUNGEST TO THE MOTHER

more than ordinary interest Will be SOL
| emnized at st. Paus Catholic church, cor
ner of Third avenue and Twenty-second
| street This simple ceremony will witness
the closing scene of the now celebrated
May case, which has occupied the attention
of Judge Wilkerson of the city court for
the past several days, and put an end to
one of the most extraordinary and sensa-
tional legal contests recorded in the his
tory of Alabama jurisprudence.
This happy solution of the very compll-
Gated state of affairs as disclosed by the
hearing of the habeas corpus proceedings
instituted by George D. May, of New
Orleans. against his alleged common law
wife, Georgia Gamble, to recover the GUS
tody and control of his two children. who
were alleged to have been surreptitiously
brought to this city some months ago, was
effected after the case had been concluded
and the petition granted as to Thema, the
oldest child
The Concluding Argument
The concluding arguments in the case
were made yesterday morning by Richard
II. Fries, for the respondent, and A o.
Lane for the petitioner.
Mr.. Fries on behalf of his client made an
able argument and presented his case in
manner which ELECTED the closest atten-
ton of the court and the litigants, who
were beginning to grow restless. He made
an earnest plea for the retention of the
children by the mother. and like his asso-
eiate, Mr.. Poncellor, paid his respects to
May, the petitioner, criticising severely
his acts disclosed nv ba toct
At the conclusion of Mr.. Fries argument
a conference was held between Judge Will
kerson and the attorneys which lasted for
almost an hour. 1t was Thought that an
effort was being made to effect a compro-
mise, but no agreement could be reached.
and the argument was proceeded with.
In closing the case Mr.. Lane made one
of the strongest and most beautiful
speeches ever hear in the cour thouse and
at the conclusion was warmly congratu-
lated. He spoke calmly and dispassion-
ately, yet with force of argument which
clearly sustained his contention that a
common law marriage had been entered
into by the petitioner and the respondent,
showing that the burden of proof rested
upon the respondent to show that the con-
tract had not been entered into He be-
walled the terrible conditions which had
been exposed by the evidence and expressed
the deepest sympathy for all parties con-
cerned, laying special stress upon the duty
of the law in removing the innocent chill
dren from the atmosphere which sur
rounded them.
Mr.. Lane closed his argument at 1890
O'clock and Judge wilkerson took the case
under Amusement in order that he might
examine the authorities presented.
The Judges Decision
Adjournment was taken subject to CALL
and it was almost o'clock when Judge
Wilkerson announced that he was ready
to render his decision. The attorneys and
litigants were notified and in few minutes
appeared in the court room, where num-
Der of court house attaches and spectators
had assembled, all anxious to see and hear
the final outcome of the hard-fought legal
battle.
AS Judge Wikerson assembled the rostrum
marked silence fell upon the assemly.
The petitioner occupied seat near his
attorneys directly facing the Judge, and
appeared nervous and Ill at ease. His face
was flushed with excitment and his arms
and legs moved almost convulsivey.
The respondent sat on the left side of the
court room. half facing the judges stand
She was less nervous than on previous &C.
casions, but look of anguish was written
upon her face.
Thelma the little girb stood near her
mother and was much affected, while the
youngest child ran about the court room
unconscious of what was going on around
1t.
Newman. the other respondent in the
case. and the alleged paramount of the wo-
man, occupied a seat on the outside of the
bar rail.
The attorneys were scattered in different
parts of the room and although only mo-
mentary the suspense was almost unbear-
able.
A Common Law Marrige
AS Judge Wilkerson began to speak there
was an audible sigh of relief throughout
the court room. He spoke distinctly and
began by saying that the first question to
be considered was whether common law
marriage existed In reviewing the testi-
mony he said that such a marriage did ex-
list. He touched upon certain phases of the
case, but refrained from saying much
which could have been said," to use his
own expression. He expressed the belief
that the child. Thelma, should be removed
from the immoral influences with which
she was surrounded and thought that the
father was able and should provide
haven for her. AS to the other child he
was of the opinion that 1t was too young
to be taken from its mother, who was best
able to minister to its needs He therefore
in conclusion granted the petition as to the
Oldest child and denied it as to the other.
rhc Little Girls Sol,
Scarcely had the judge intimated what
disposition would be made of the children
when heart-rcnding sob came from the