The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1901-12-03
STRUGGLE FOR BOY
MRS. LILLIAN CREECH REFUSED
IT, CUSTODY OF HER CHILD.
BOY LEFT WITH AN Ex-HUSBAND
Unpleasant Evidence at Hearing Be-
81.
llq fore Judge Harvey Today-Mrs.
81 Creech May Have Child Later
on Proper Showing.

u i ut uedEluS III Tic llAotSCl VI NHA o
Lillian Creech's application to the dis
| trict court to he granted the custody of
] her child, Phillip Miller, Jr, who is about
I years old, was held before Judge Har-
; ney this morning, and at it's conclusion
| the court refused to take the boy out Of
I the hands of his father, Phillip Miller,
who had the custody of him under pre-
| vious order of the court.
Miller and Mrs. Creech were divorced
| year or so ago. and the child was then
| put in Millers hands. Recently Mrs.
Creech, who had married Joseph Creech
| in the meantime. asked the court to give
| the child to her. having first kidnape
| the boy and been compelled to return
him to Miller's custody.
Series Of Ordinations.
The hearing was a series of crimina-
lions and recriminations and the history
of the parties, much Of it exceedingly
unpleasant was brought out. Mrs.
Creech sat in tears part of the time, and
part of the time she and Miller scOwled
at each other. as they sat on opposite
sides Of table by their lawyers.
Mr.. Parr. Mrs. Creech's lawyer. ex-
amined Miller as to whether his divorced
wife had given him money or paid his
room rent after his divorce from her.
ana ne denied tnar she nad.
Did you not call often at your d.
| vorced wife's house. on Silver street al
ley, and receive money from her after
the divorce?" Attorney Parr asked.
mo. sir" Miller replied.
Mr.. Parr asked Miller if he had not
lived in the Will house for three months
with certain woman. Miller denied
this The court interrupted, and said
that it only wanted to hear about the
condition of the boy in Miller's charge
and his probable condition if given to
the mother.
Her Age in Question.
Mr.. Parr wanted to know what Mrs.
Creech's age was when Miller married
her Miller said he did not know.
Where was she when you met herr"
Miller was asked.
She came from Canada" miller said.
How old was she?"
II don't know; I haven't kept track Of
her age
Isn't it true she was only 16 years
old when you married herr"
She said she was 49," Miller replied
Attorney Parr tried to extract infor-
| nation from Miller about what his treat
ment of Mrs. Creech was before they
were married.
Trace her back to Canada and see
what she swas-' Miller said.
Never mind" the court said, cutting
Miller off.
Discussion Shut Off.
The court shut off this line of discus
sion, and warned counsel not to per-
sst In 1t.
Miller denied that his divorced wife
had supported him with her earnings
after their divorce.
Miller had three Frenchmen to testify
that he was the better person to have
the child. Two. Antoine Drusio and l..
o. Roleau, We're saloonkeepers. and the
| other, Fred Boyer, said he was bar
tender.
The first two said they had seen Mrs.
Creech tending bar at Creech's saloon.
Drusio said this was within two months
past. and Roleau said it was within one
month.
Mr.. Miller's Past.
/ Attorney Parr, in Mrs. Creech's behalf.
introduced affidavits to show Millers
past character and to show that he had
been responsible for his divorced wifes
life after they were divorced.
William Whitley, whose wife had
|. charge of the boy, testified that Miller
had provided the child with clothes.
At the conclusion of the testimony,
Judge Harvey said that it was very i'm
portant that the boy have a good home.
He added that the evidence showed that
Mrs. Creech's home was not good one
for him at present, or, at least, very
lately. as she had been tending bar.
For this reason he said he would not
change the custody of the child for the
present. He said, however that he would
be glad to give the child to Mrs. Creech,
and that If, she were in earnest in a
desire to live properly. it would be easy
for her to show 1t to the court later.
when she would be given the child.