The Detroit times., 1909-04-03
MOTHER WINS 1
BITTER FIGHT
FOR CHILD
Judge Murphy Orders Sidney EnioC
Who Obtained Dakota Divorces, -
turned Here and Remarked, - \
Hand Over Six-Year-0ld hoy.
Lad Cries When Torn From Fsthl
But Is Hustled OF TO New
Home in Carriage.

After a court hearing lasting Az
Saturday morning Judge Murphy a.;
cided that Mrs. Lillian La Bonte-h1r
lott Is the proper person TO have tn
care and custody of her six-yearo)4|
son. and ordered the father, Sidney.
Elliott to turn the boy over to her:
The boy had not seen his mother tor.
two years, and this arrangement WA
not agreeable to him. He howled'
Justify when he learned that he Wa
to be taken from his father and step
mother, and II was necessary to order
q carriage TO take him to the mothers
home.
Mrs. Elliotts story on the witness
stand and her appearance won for nor
the sympathy of spectators wh0
crowded the court room, and there
was a mild demonstration OF approval
when the judgment was announced.
The Elliotts were married IN 1907
and separated in March, 1905, MIA
Elliott claiming she was driven uway
by her husbands cruelty. He Aied .
bill for divorce, but after -parti44'
hearing the case was abandoned an1|
the couple lived together for q short
time. Mrs. Elliott was again com
PEELED to leave him, she says, and her
husband. taking the boy, went ~
South Dakota, where he obtained ~
decree, giving him the custody Of the
child. Then he returned to Detroit
with another woman, TO whom he was
married here on Dee. "a. 1908.
The loss of her child so affecte0
Mrs. Elliott that she suffered from
nervous breakdown. and for six
months was a patient in Eloise.
The wifes attorneys said they were
prepared to show that the Dakota d.
vorce was obtained illegally, but that
phase of the question was not gone
into.
The husbands attorneys argued that
the child was given to the father ~
the western court. and that ne wo1
entitled 10 have charge Of the boy.
do you contend that the Dak0kp
divorce is worth anything in Mlc1iz
gam" asked the Judge.
Certainly we do" answered Col. e.
II. Sellers.
We'll, you will have considerable
trouble in convincing me OF that" the
Judge replied.
After some argument the matter
was reduced TO the simple question OF
the mothers fitness to have her child,
Judge Murphy pointing out that 1t Is
always presumed that the mother Is
the rightful custodian OF her child.
The mother, who now lives with her
parents at No 100 Reader-st., testified
as to her financial ability TO care for
the boy, and neighbors testified as to
her fitness. The ill-health of Mrs.
Elliott was advanced as reason by
the husbands attorneys wby she
should not have the child, but Mrs,
Elliott said her ill-health was caused
by her worry and heart-ache to see
her son. It was also charged that
Mrs. Elliotts father, with whom she
lives, gets drunk frequently. Neigh
bors, who had lived beside him for
20 years said they had never seen him
stagger. but admitted that he drank
beer occasionally. All testified that he
was Industrious and well-behaved, and
that the boy would always have q
good home.
In giving his decision. Judge Murphy
compared the love OF the mother with
that of the step-mother He also re-
ferred to the fact that the father had
certain rights. and he directed that
the father have the privilege OF Wis
iting with the boy at reasonable times.
Job Printing done right. Times Prfnt-
ing Co.. Is John R.-st. Phone 1898.