The Washington times., 1902-09-11
PARENTS CONTEST FOR
POSSESSION OF CHILD
Justice Barnard Takes Up
the Davis Case.
Action for Custody of Six -Year-0ld Son
Husband Declares Wife's Kan
sas Divorce Illegal.

| Justice Job Barnard, who yesterday
relieved Justice Anderson as vacation
judge in the Supreme Court of the Dis
trict. took up for consideration the case
of Frank Davis, against his former wife,
Lucy Catherine Davis, for the custody
and possession of the six-years- -old son
of the couple. who is now in the care
of his mother.
The parties were married in this city
in 1894. Shortly afterward they re-
moved to Kansas. and there Mrs
Davis secured a divorce from her
husband in the State courts of Kansas.
BY her decree she was awarded the care
and custody of her child.
Kansas Divorce Questioned.
The important question involved in
the hearing now in progress is the va
lidity of the divorce secured by Mrs.
Davis. Mr.. Davis contends that it is
null and void on the ground that his wife
was not a resident of Kansas when she
instituted the proceedings. The statute
of that State, 1t Is contended, makes it
necessary for the petitioner to be an ac-
tual resident of the State. Mrs. Davis.
1t is claimed, was only constructively a
resident.
After hearing argument of the ques-
tion by Attorney D. w. Classic for the
complainant and William NJ. levin and
T. j. Jones for the defendant Justice
Barnard took the matter under advise
ment.
In his petition Mr.. Davis says his boy,
who is in charge of his mother. the de-
fendant, is being reared without moral
training, running wild and unkempt in
the streets. He asks the court to award
him the care and custody of his child.
and to restrain its mother from inter-
fering with it or him in any way.
He further states that the divorce his
wife obtained from him is null and void,
because she was not legal resident of
the State of Kansas when 1t was grant,
ed her.
Says Husband Left Her.
Mrs. Davis says her husband left her
in 1896 in Washington without any warn
ing, saying that he was going West, but
did not know where he would stop. She
uedlu II HtAi at ShiCd5o, "hch III S1au
he was going still farther West. Two
weeks later he was in Kansas City. con-
Quoting drug store, and sent her money
for the support OF herself and child.
Mrs. Davis says she. with her child.
Joined her husband at Kansas City n
1897. She says he became financially
in 1900, and they all re-
turned to Washington. 1t was their in
tention, she said, to return to Kansas
City.
Kansas City Residence.
So far as she is concerned. she de-
clares, she had no intention of giving Up
her residence in that city. While they
remained in Washington Mrs. Davis
states she was compelled TO teach school
n order to provide support for herself |
and child, and accepted positions in Will
nington, Del, Baltimore, and in North I
Carolina, with the full consent Of her |
Mr.. Davis denies that he was consult |
I'd concerning his wifes leaving the city |
o teach school.
In reference to her divorce not being !
ralid because she was not legal resi-
lent of Kansas. Mrs. Davis states that |
n 1900 her husband filed an application !
or examination before the United States |
civil Service Commission. stating that |
lie was in August of that year a legal |
.esident of that State.