The herald and news. [volume] (Newberry S.C.) 1903-1937, 1908-12-11
AT WA2 OVER CHILDREN.
Pitiful Story Unfolded Before the
Supreme Court-Appeals for
Possession of his Children.
News and Courier.

News and Courier.
Columbia, December 8.-A pitiful
and tragic story was unfolded before
the supreme court today in the ap-
plicatior Of E. E. Rembert, Of Sumter
county, for a writ of habeas corpus
for the possession Of his children.
} now in the custody Of their mother.
Mrs. Christine Sanders Rembert.
Mrs. Rembert, st.ikingly handsome
woman, with her four boys, was in
court this morning, an interested au-
ditor Of the case, which was not con-
clrded until late this afternoon.
Mr.. Rembert, who is wealthy plan
ter at Rember5 s, between S,.n.tcr and
Camden, came before the supreme
court on a petition for the custody Of
the three children under fourteen
years of age, all boys. There is an
older boy, a student at the Virginia
Military Academy, and girl, the
second child, at St. Mary's in Raj
eigh, at which school Mrs. Rembert
herself was before her marriage edu-
Gated by Mr.. Rembert. Their mar
riage took place nineteen years ago.
Mr.. and Mrs. Rembert have been
separated for nearly two years, with
an occasional reunion, and during
that time, as brought out today, Mrs.
Rembert has spent most Of her time
in Atlanta and in Charleston, the lat
ter city being the home Of her parents.
Mr.. 2embert has remained on his
plantation, and for time the young
er children were with him, but in
May, 1907, he is alleged to have sent
them to the mother in Charleston,
writing her that he desired her to
henceforth regard him as dead to her
and the children, but agreeing to send
her $100 per month for their support.
This agreement was subsequently en-
forced by decree from Judge Watts.
. The petitioner, Mr.. Rembert, relied
on the law and the decisions Of the
courts Of this State, which give the
father the legal custody Of the infant
children unless it is shown that he is
financially and morally unable to pro-
perly. care for them.
The respondent, Mrs. Rembert, on
the other hand, set forth that she had
been compelled to leave her husband
by reason Of his cruelty and his dissi-
patton, it being alleged that Rembert
drinks to excess. In reply the petit
toner presented a long string Of af-
idavits from thte most prominent Cit
izens, ministers, planters, bankers,
legislators and others Of Sumter coun-
ty, testifying to his good character,
/ sobriety and worth.
In addition two afidavits we're pres
ented from neighbors reflecting on
Mrs. Rembert's chastity in addition
to the allegation that she was addicted
to the use of narcotics. Represent
ing the respondent, Mr.. W. A. Hol-
man, Of Charleston, objected to the
two afidavits referred to unless he
! was given time to reply to the new
matter thus introduced, and this ques-
! ton was before the court when the
court took a recess for dinner. This
afternoon the counsel for the petition
er announced that they would with
draw the two affdavits if the case
were on that condition allowed to
proceed, and this course was taken.
Mr.. B. A. Hagood, Of Charleston,
opened the argument for the peh-
toner, Rembert. He read the record
in the probate court Of Charleston,
! in which it was attempted to have
Mrs. Rembert appointed the guar
dian Of the persons as well as the
estate Of the infant children, and then
made a legal argument as to the
right Of the father to the children
Mr.. Holman made the argument tor
the respondent, eontending that legal
ly as we'll as naturally the mother i:
the proper custodian of the infant
children. He also intimated that he
motive back of this suit was to regain
[possession Of certain land, 24O acres,
which Rembert had first given his
wife and then had caused to be
decided in trust to the children, the
trustee being his brother, Prof. A. &
Rembert, Of Wofford college. A suit
for this land was instituted only a
few days ago. Mr.. Holman ahso con
tended that the father, by sending the
children to the mother, with letter