The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1902-02-05
THE FATHER WINS
BROWN TO SEE HIS CHILDREN
SATURDAY.
Humphreys Makes a Peremptory Or
der and Threatens to Take Them
From the Mother if Disobeyed.

Judge Humphreys this morning made
peremptory order directing Mrs.
Irene Ii Holloway to allow her two
sons to visit their father G. A. Brown,
declaring that If the order were dis
Obeyed again, he would sent the bailiff
of his court after the children, and
would entertain motion to reopen and
modify the decree of divorce by which
she was given the custody of the chill
dren.
The order that the father be allowed
to see his sons was made by Gear. and
! it directed that they be allowed to be
with Brown from 1 to every other
saturday The day after the order was
made Mrs, Brown took them both to
California, and when she returned she
was summoned to show cause why she
did not obey the courts order.
A motion to refer the case to Gear
was first argued at some length Rob-
ertson and Wilder, for Mrs Brown.
contended that as Gear had heard the
case and had interviewed the children,
and knew more even than was on the
record about the case, he ought to con-
tinue to hear the matter. Magoon
contended that the motion was a new
| departure and was very bad practice.
| as well as reflection on Judge Hum
| phreys. IF this sort of thing is to be
| Iallowed' he said, Eve shall soon have
| ltigants making disgraCeful disputes
over which judge they are to have. In
/ all my practice I never heard of such
a thing as a party to an action trying
| to select his own judge in this way"
Judge Humphreys held that it was
! not proper for him to go behind the
order and examine the reasons for it
| anyhow. He must concluded il was
! made for sufficient reasons, and there
Itcre it didn't matter whether Gear
knew more about the case or not.
A demurrer was Overruled at once,
land then Mrs. HOllOway's answer was
Tread by Wilder. 1t appeared that she
! admitted all the facts as to the chill
dren not having gone to see their faith
! err, but claimed that she had not vlO-
| lated the order. 1t was the children
who had violate it,
| Judge Humphreys declared that it
was the merest sOphistry to say that
| the children We're guilty of the viola
| ton of the order and that no court
| would listen to such balderdash He
| then made an order, in the strongest
! language, that the children be deliver
ed next Saturday at 1 o'clock, to such
proper person as Brown may send
after them, to remain with Brown till :
OF that day. "A father has a natural
right to visit his children" said the
Icourt. Except under unusual cirCum-
stances, when he might not be a pro-
per person to visit them, the court has
! no power to prevent it. 1t would be
most unnatural unChrstian and in
human to attempt to make an order
preventing it."
The court cOmplimented Mrs. HOllo-
way on the appearance of the two
boys, who were i'm court, as evidence
OF her careful attention to them, but
commented very severely upon her re-
fusal to deliver them to their fathr.
She has the care and custody of these
two little boys said the judge, land
IL she cannot carry out the order of
this court, the court will act itself.
When this order was made by Judge
Gear it was acquiesced in by both sides
and it stands as the order that must
be Obeyed If it is not Obeyed next
Saturday the court will send it's bailiff
to take charge of the children. Fur
theT disObedienCe of the order will re-
suit i'm the entertainment of a motion
tC change the guardianship of the chill
dren. In the acts of disobedience al
Iready done, Mrs. Holloway is in con-
tempt Of this court, but the court does
not think it necessary to emphasize the
Irebuke now given by a fine"
Wilder gave notice of appeal Mrs
Holloway and her children, and G. a,
Brown, their father all left the court
room together, but no word was spok-
len between them.