The Savannah morning news., 1901-07-16
To WIFE'S KEEPING
JUDGE FALLIGANT CONsIGNs THE
LEONARD CHILD.
GIVES TEMPORARY ALIMoNY.
DECISION UPON THE INTERROGA-
TORY APPLICATIONS.

Propositions of Compromise Made
the Wife by the Husband, but Mrs.
Leonard Would Listen to Nothing.
Judge FnIIigant Said He Found
Nothing in the Evidence That
showed Her TO BE Unworthy of the
Custody of Baby-Husbnnd May See
the Child Every Day and for
Long as He PIeases-$2O Week
Temporary AIimOny and 800
Counsel Fees.
Judge Falligant rendered his decision
upon the application for the custody of
/ the five-months-old child of the par
ties and for temporary alimony, and
counsel fees, in the case of Marguerite
L. Leonard against Stephen S. Leon
ard, yesterday. Throughout the de-
cision is in favor of he wife.
The scene when the decision was rem
! dere followed in interest those which
have accompanied the case from it's in
| ception. Much of this interest clusters
around the fair plaintiff, who is of a
beauty and grace that would demand
and receive notice in any company and
anywhere. She was in court with Mr.
Francis NJ. Oliver, one of her attor-
neys; her husband sat with his coun-
sci, Mr.. w. w. Osborne.
1t was few minutes before o'clock
when the case was called. 1t had been
preceded by earnest conferences be-
tween counsel for the plaintiff and de-
PENDANT, the purpose of which was to
reach some amicable agreement which
might be formulated in a consent or
der. The parties could not be brought
together. Mr.. Osborne, acting for Mr..
Leonard, made a proposition or two,
looking to this end, to Mr.. oliver, but
when they were conveyed to Mrs.
Leonard she shook her pretty head in
emphatic dissent. She wouldn't listen
to anything that spoke of compromise
Judge Falligant wanted to know if
the parties and counsel had been able
to reach an agreement, and was in
formed that this had been found inn
! possible. Then the court announced
the conclusions that it had reached.
Il award the custody of the child to
the mother" said Judge Falligant. Il
see nothing in the evidence that has
beer adduced before me to show that
she has been unworthy, either as wife
or mother, to have the custody of her
the child be given to her Immediately.
L expressly direct, however, that the
child shall be kept in this county,
within the jurisdiction of this court,
and shall not be removed hence, with
out the courts express authority. l di-
rect further that the father shall be
permitted to see the child once each
day, for such length of time as he de-
s4res."
Judge Falligant's further remarks
are embraced in substance in the for
NAL order that was passed by the
court which is as follows:
1t is considered, ordered and ad-
judged by the court that the custoy
of the infant child, Francis Rudolph,
be awarded to the mother, and that
| the defendant, Stephen S. Leonard, de-
| liver the said child to the mother in
stanter
1T is further ordered that the said
child be not removed out of Chatham
| county. or without the jurisdiction of
this court by either the mother or the
father, and that the mother, while she
retains the custody of the child, shall
permit the father to visit and be with
said child, If he so desires, each day,
and shall not at such times hamper or
restrict the said father in the rights
hereby granted to him.
ut is further ordered that the de-
| PENDANT pay to the plaintiff the sum
of twenty dollars per week, beginning
with Saturday. July s, 1901, the first
| two payments be made instanter and
! the third payment to be made on Sat
urday, July 20, 1901, and weekly pay
ments in the sum stated to be made
thereafter on each succeeding Satur-
day, as temporary alimony for the
| support of herself and said child and
| the sum of one hundred dollars as her
| attorneys fees, fifty dollars of said
amount to be paid instanter, and the
remaining fifty dollars to be paid on
or before the final trial of said case.
1T is further ordered that either par
ty shall be at liberty to move the court
to change. alter or modify said order
| as the circumstances, or the exigen-
cies of the case may require"
Mrs. Leonard seemed to be deeply
affected while Judge Falligant an
nounced his findings. When he said
that the evidence did not indicate to
him that she was unworthy in any
way of the custody of the little Efe
she had brought into the world Mrs
Leonard dropped her face in her hands,
| end for just a moment seemed to be
| on the verge Of tears. She was still
| sitting by her counsel when Judge Fall
lgant left the bench and the court
room, on his way to lunch, and as he
passed her chair she flashed him a
| smile of thanks.
The child was given into the custody
! of the mother during the day, in ac-
cordance with the mandate of the
| court. Mr.. Leonard seemed to ac-
cept tine courts decision in good part,
and there was nothing in his conduct
in the court room to indicate that he
| is possessed of the ungovernable tenn
per with which he has been credited,
! and instances of which were retailed
from the witness stand during the
! trial of the case.