New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-12-30
REFUSES MRS. CARTER.
Son Chnches Fist-Boston Nan Tells
of Delaying Marriage.

Andrew GRAY Carter the ter-year-oid son OF An
drew p Carter. and his wife, Pauline Gray Carter.
was produced in the Supreme Court yesterday in
obedience TO writ Of habeas corpus issued oS JUS
tice Leventritt applied for by counsel for the
mother, who contended that her 7on was oehg
Kept from her by the father.
When the bow was brought into court Mrs. Carter
asked permission TO talk with him Permission WAS
granted. AS the mother approached the boy dre"
away from her and clinched his fist Mrs. Carter
retired to the rear of the courtroom crying.
In 1901 Mrs Carter obtained divorce from
her husband in South Dakota. Under TINS ue-
cree Mr.. Carter was permitted to see the
child at stated intervals. 1t IS declared oy
Mrs. Carter that on one OF these occasions MI
Carter took the child and removed him to Sweet
water Tenn. where he has been at eoardnS
school Mrs Carter alleges that it was at the IN
stIgatinn her husband that she removed to South
Dakota to obtain her divorce. BY advice OF eoun-
sci she has begun a suit for divorce IN TINS
State. naming several correspondents.
AS offset to the new divorce action Mr.. Carter
brings counter suit for divorce. and names Pres
ton Harrison. brother of the Mayor OF Chicago and
Colonel Albert ~ Pope. president OF the Pops Manu-
featuring Company. correspondents. Mrs. Carter
declares that these two men old friends of the
family, aud their calls much her mother
Justice Leventrltt yesterday decided to appoint
ST IS 20 re es is inc s In ts S ab ne
The parties can agree on an institution where the
the court viii make such an order ''''''
In argument yesterday counsel declared that Mr.
carter was immoral and dnht to have his He
said Mr.; Garter had given the boy pistol ard told
him to kill his mother Counsel said that the
udtty Of the South Dakota decree Of divorce had
been attacked in the Tennessee courts, and that
G. II. Rollins. of Boston. had refused marry Mrs
Carter after the decree had been granted for fear
1t was not good
Counsel for Mrs Carter said that the reason the
marriage OF MIR. Rollins and Mrs. Carter did not
take place was that they agreed to await the de
cSion or the courts IN regard 20 the validity of the
South Dakota divorces f1e read a letter which MIR
Rollins sent to Mrs CSrter while defending,
suit brought by her husband in Tennessee, and in
which Mr. Rollins was to be a witness The letter
says in part:
Now, sweethsaFt. why not come hack to NV
AorS. even II the case is not settled instead OF
st2ying South, but be to send M your address
darling the hoy is waiting this to the office
you shaIl have ali my prayers for W and
you viii be as ever. dearest IN m.rd. Be brave
AL Will come out well in the end
In an affidavit Mr.. Rollins denies all the charges
against him. When he wrote the letter referred to
he engaged TO Mrs Carter. he declares. He
says the child never him kiss Mrs. Carter. In
regard to his presence at Chattanooga the affidavit
explains that for fear that my name might be
unfavorably dragged in the proceedings he de-
termined to be present refute any statement that
might be made against HIM.
The af1davtt says in ending that Mr..
Rollins informed that the validity of the South
Dakota divorce was not recognized IN the State of
tentions and cancelled my engagement OF mar
rage to the plaintiff until the In this action
have been decided and when I did call I saw the
plaintiff in the presence of her family some one
her stIl the defendants wife, she having been ad-
Vlsed by counsel to that effect"