The Paducah evening sun. [volume] (Paducah, Ky.) 1906-1929, 1906-08-02
Little One Subject of Litiga-
ton Between Parents.
Mother Awarded Temporary Custody
Of Child Pending Decision Of
Court.
BOTH WILL SUE FOR DIVORCE,

| Attracted by the cries or an intant
Gus Rogers, deputy sheriff. took the
trouble to inquire the cause OF its woe
and thereby brought about the habeas
corpus proceedings of Mrs. Charles
Smith. OF Columbia. Tenn. against
her husband, for the possession OF
two-yearold Elvis Smith. their only
child, whom the father had spirited
away and brought TO G20 Fountain
avenue, Paducah
The Smith family is small, but the
child represents the biggest part of
1t. Judging from the fight that is being
made for its possession. The fight
bears a local tinge not only in the
fact that the child was recovered in
Paducah, but because the father Is a
native of this city and one of the best
known and most popular union trades
men.
Ten days ago Charles Smith, resid-
ing at G20 Fountain avenue, a brother
Of Capt. Billy Smith, the well known
pilot, came to Paducah from Column
bia, Tenn. bringing with him his
baby boy. He had left his wife be-
cause harmony had not existed be
tween them, and while he secured pos
session by a ruse he thinks he should
be awarded the custody Of the child.
The mother thinks otherwise.
Ten days ago a telephone message
was received here by Deputy Sheriff
Gus Rogers asking that he find Elvls
Smith. aged 25 months. son of Charles
Smith. a barber who had left Column
bia. Tenn, with the child. The
mother claimed the boy had been
spirited away. Deputy Sheriff Gus
Rogers went in quest OF the boy and
while driving on Fountain avenue no
ticed small child crying on the front
porch at No. 620. He went next
door and asked II ''Mrs. Clark" lived
there. He met with disappointment
in the residence, but did learn that the
child which was crying. was the son
of Charles Smith and had been
brought here from Columbia, Tenn
Deputy Sheriff Rogers had been
asked TO simply notify" If the child
was located and he did.
This morning the mother arrived in
Paducah accompanied by counsel and
employed Attorneys Campbell
Campbell. Habeas corpus proceedings
were instituted, and the case tried in
the office of Attorneys Campbell &
Campbell before Circuit Judge viii
liam Reed. The child was awarded
to the mother.
Judge Reed took the position that
the ease can only legally be tried in
Tennessee and that no evidence could
be heard here. He issued an order
awarding the child to the mother tenn.
porarily, and any further action will
have to be taken in Tennessee.
The mother Informed her attorney
and the deputy sheriff that she woulc
at once institute proceedings for di
vorce and the custody of the child II
Tennessee The husband said hi
would at once take the same course.
Mr.. Smith is employed in the Book
hammer barber shop on South Thirt
street, and is reliable and popular
young man.
My wife and | have not been get
ting along tremendously for some time
and | often appealed to her." hi
stated. 81 decided that | would leave
her and wanted the boy. We were
going to church and she left first.
old her that | would go from the
barber shop. by the tent, In which the
services were held and bring her home
The child had been left In care of Z
colored girl, and instead of going t.
the tent church / went to the negro'i
house, secured my boy and came Il
Paducah. This proceeding came as q
surprise. but think | shall fight Il
out"