The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-01-22
Henry Herring Preferred to Go
With His Father.
A SOLOMON IN JUDGMENT
The Mother and Her Attorneys Made q
Vigorous Protest-She Wept When
She Was Separated From
Her Child


Lena Ella Herring and her husband,
Philip Herring. alias Herne, over the
possession of their five-year- old boy,
Henry F, Herring, during the tendency
of Mrs. Hering's suit for divorce. Her
ing brought the boy fom F'ridley, Mont,
| in response to a writ of habeas corpus.
The hearing was had before Judge
Clancy yesterday afternoon and mat
tiers were getting into very bad tam
gle when a ifappy thought occurred
to the court, and the five-year-old boy
| was called up to the Judges bench ard
permitted to decide his own fate, and
| he did SO by saying he liked his father
best, and he was therefore given into
the fathers possession, against the Wig
orous protest of the mother and her at
torneys,, who thought the boy had been
| coached by his father, but the boys
decision was final and was sustained
by the court.
When the hearing opened, Mrs. Her
Ing was put on the witness stand and
said the last time she saw the boy was
on the second of January, and that he
had been with her ever since his birth.
Up to about a year ago she had lived
with her husband on a ranch in the
Yellowstone valley. He requested her
| to leave and earn some money with
which to pay off the debt on the home
and some cattle. She said her husband
wrote to the proprietor of the Imperial
theater in Butte and got her an engage
ment. She came to Butte with the
boy and has been here ever since and
has supported herself and the boy and
also sent some money to her husband,
who has not contributed a cent toward
the support of herself and child. On
the second Of the present month che
sent the boy out to neighbor for milk
and when he did not return, she went
out and inquired for him and learned
that her husband had picked him up
by force and carried him off and hid
him at the Paragon house and few
days later took him to the ranch, near
Fridley, Mont, in the Yellowstone wall
ley. Mrs. Herring said she saw her hus-
band afterWard and he offered to give
her their property If she would let Ainl
keep the child, but she refused to enter
tain the proposition, and said she want
ed to keep the boy till he was 10 years
and would then be willing to let her
husband have him.
On cross-examination by Attorney
Yancey, the woman was asked il it
was not fact that she had been late
" living with one Con Murphy, and had
been passing as his wife. She denied it,
and then J. w. Forbis. one of her at
torneys, made an objection to that line
of examination, and said the court
should not hear that kind of evidence.
The. court agreed with Mr. Forbis, and
said that all he wanted to know was
whether, as alleged in Mrs. Hering's
testimony, the boy was restrained of
his liberty. Mr.. Yancy suggested that
under the law, a child under the age of
IA was incapable of determining for it's
own good, and that the father was the
natural guardian and it was his duty
to restrain child from doing what was
not for its own good.
THAT kind of guardian is entirely
foreign to the case" said Judge Clam
cy. You might just as we'll cite the
law about water bitches Old as I am,
need some one to reprove me some-
times, but that is not the question
here" d
Mr.. Yaneey tried to show that Judge
Lindsay had already decided that Mrs.
Herring was not entitled to the child
during the tendency of the divorce suit,
and intimated that her attorneys were
trying to impose on the court, but the
judge said the case was now before
him on a habeas corpus and that was
an action separate from the suit for
divorce. The attorneys and the court
at the same time. Finally the court
stopped further argument and called
the little boy to his side.
Henry, come up here said the
judge to the -year-old. "I've got
nickel for you, at least I think I have
Bailiff Shay took the boy up to the
judge and the latter gave the boy a
nickel, which put him at once on good
terms with the court.
There is nickel, you can buy chew
ing gum with IT, said his honor
Now, what is your name?"
Henry Herring" replied the boy.
What is you papa's narfle?"
Papa
Where is your mother?''
The boy pointed to his mother. who
was still on the witness chair, and Mrs.
Herring beamed motherly smile of en-
coufagement on the boy.
(which would you rather go to-who
do you like best; your father or your
mother?" asked the court.
IT like my papa best" was the reply.
'.All right, all right, that's enough"
said the court. You shall go with
him.
The decision Of the -year-old Judge
seemed to stun the mother and surprise
her attorney, who had willingly agreed
that the court should question the boy.
When the latter started to go back to
his father, Mrs. Herring held out her
hands to him.
May l kiss you she asked, and the
boy walked up to her and she took him
in her arms.
did papa tell you to say so?" she
asked him.
The boy made some reply which was
lost in the noise.
Judge, your honor" exclaimed Mrs.
Herring, The says his papa told him to
say So
Attorney Mattison suggested that the
court question the boy farther and that
he be examined in chambers out of the
presence of his father, but the judge
declined to disturb the boys original
decision.
That's all. that's all said the court,
and the hearing was ended.
Herring took charge of the boy, and
Mrs. Herring, with an angry look in her
eyes, made a few rapid strides in his.
direction, but Mr.. Yancey, fearing a
collision, headed her off, but she said
she only wanted to kiss her boy. and
RI do iaft i.1a