The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1900-12-31
SPURNED FATHER.
Eddie Smith Clings to His
Mother in Court Of
Chancery.
WAS A PATHETIC SCENE
Parents Are Fighting Each
Other In a Sensational
Divorce Case.

| There was pathetic scene in the Court
of Chancery this morning Eddie Smith,
| the thirteen-year-old son of Frank and
Augusta Smith, who had been placed IN
the custody of the father, wept piteously
and refused to leave his mother. The
woman joined her tears with those of her
son as she tried to persuade him, much
against her WILL that he should go with
his father. The matter was to come up
on motion by Mrs. Smiths counsel for
an order Furnishing Smith for contempt
Of Court in not paying his wife counsel
fee and alimony.
When the application for alfmony was
argued Smith presented afIidavits denying
his wife's allegations that he had been
guilty of misconduct with another woman
and declaring that Mrs. Smith was a
heavy drinker, neglecting her home and
was unfaithful to him. Lawyer Golden
horn on Monday will present an affidavit
from Edward, the twelve-year-old son Of
the Smiths, in which he denies his faith
ers allegations against his mother.
At the last hearing Smith said he would
provide for his son if he could have the
custody of him. Since then Mrs. Smith
has taken Edward to his father. The re-
l.,
which is as fo4.ows:-
'tOn Thursday night, December TO- re-
turned to my mother from Little France,
New York, where had been staying with
my mothers parents ever since Novem-
Der IA. have no overcoat to wear and
no heavy underwear, and I suffer from
the cold. On Friday, December o.
went with my mother to call on my
father at the Tartar Chemical Company
on Warren street. at 4 o'clock in the af-
ternoon, and asked my father to take
charge of me and support me. He told
me to meet him at a restaurant at No.
20 Railroad avenue at o'clock that even
ing. I went to the restaurant at o'clock
and my father told me to meet him at
Larkin's saloon at 9 o'clock that night.
was at the saloon at O'Clock, but he
was not there. 1 went looking for him,
to the saloon and waited until 10:45
o'clock, but he did not come
II then returned to my mother at No,
2l7 Pacific avenue. I have not seen my
father since, but in conversations had
with him before this he asked me to go
with him to his lawyers and swear 10 an
affidavit against my mother. / refused to
do this, as do not know anything against
my mother. She has always treated me
kindly and have never seen her under
the influence of liquor or in bad COM
pany. My mother is good mother I
have often seen my father intoxicated,
and many times my father has violently
beaten and ill-treated my mother and
me-"
Smith was in court this morning with
his counsel, William H. Dougherty, who
was more bombastic than ever and had
more to say about the new century than
he did about his case. He told Mrs.
Smiths counsel that he was ready to pay
the arrearages of alimony. This was done
and the contempt motion was not pressed.
Mrs. Smith was in court with Eddie
and when the money had been paid and
a receipt given Smith somewhat roughly
told the boy to come with him.
II won't go with him. cried Eddie,
turning to his mother. Mrs. Smith and her
counsel both tried to persuade the boy
that his father could take better care of
him and it was better for him to go with
him.
81 won't have anything to do with him;
don't want to go with him. cried the
boy bursting into tears and throwing his
arms around his mother. Tears sprang
to Mrs. Smiths eyes as she gently took
the boys arms away and spoke to him.
All the entreaties of Mrs. Smith and her
counsel made no impression upon the boy
and he absolutely refused to go with his
father. Finally Smith gave it up and
went down the elevator with his lawyer,
porters.
Mrs. Smith said she would send him
back to her parents in New France. where
he would be we'll cared for.