The Birmingham age-herald., 1910-01-25
MOTHER TRIES ID
 REGAIN CHILDREN Wife of Sena'or TiIIman'S Son
 Is Plaintiff In Case SEPARATION OF COUPLE Mrs. Tiliman Says That Her Husband Took the Children Away From
 Her When She Was Sick
 in Washington.
SEPARATION OF COUPLE

Columbia, S. C., January 24.-In the supreme court this morning when at torneys for Mrs. B. R. Tillman, Jr., made application to be heard on peti- tion for a writ of hebeas corpus Chief Justice Jones stopped the proceedings by citing a rule of the court requiring such cases to be presented in the cir cult court Attorneys were not famil- far with this rule, which was only re- gently adopted by the supreme court, and therefore the court consented to hear the attorneys further on the ap- plioation at F o'clock today. It Is yet to be determined whether the court will take the case under consideration and if refusal Is made the application will have to be made to the circuit court. This will open up another in- teresting question since the judge of the Edgefeld circuit, in which all the parties live. Judge J. W. Devore, has signed strong affidavit in the case in favor of Mrs. B. R. Tillman, Jr., testify ing to her high character and reputa- tion at her home.
 AlS out Dy IAAC yOGheCA 4hiS. LAiA- man to recover possession of her two little girls was the first intimation that the general public had he l there was trouble between her and Ter husband. Mrs. Tillman was herself the grand daughter of a South Carolina governor. She charges that her husband is ad- dicted to the excessive use of intoxi- fG thaf ha h of and inhuman treatment of her, and that he took the children from her without her knowledge or consent. She swears that she was i'll in Washington when her husband turned the children over to his parents. Senator and Mrs. Till man; that when she demanded them he gave his parents a deed to them. stating that she was not fit to have possession of them.
 Her petition was accompanied by sworn statements from some of the best people in the state, attesting to her unimpeachable character, her goodness as girl and mother and her devotion and love for her little girls.
 When the matter was taken up again at noon MT. Depass, for the petitioner, stated that MT. Thurmond attorney for Senator and Mrs. TIllman, joined in the request that the supreme court hear the case in its regular Jurisdiction, as both sides desire a speedy and final de- termination of the matter.
 The court then retired for consuitG- tion and on reconvening Chief Justice Jones announced that the court had de- cided to hear the petition, with the understanding that if any serious Ques- l tion of facts was raised there would be a reference ordered, fin order that wit nesses might be cross-examined and that in this event no decision would be likely before the next term of the su- preme court in April, as the present term would be adjourned on February 1, and the court would not consent to hold an extra session On this stats- ment it might be possible for an earlie1 decision to be obtained from a circuit judge.
 MT. Depass then inquired if the su- prerne court, in case the application in that court were withdrawn, would grant an order consenting for the case be heard by some other than judge of the Eleventh or Edgefield circuit, since Judge Devore of that circuit had made an affidavit in the case and might not care to hear the case on that account. The attorneys then withdrew to con- suit and determine whether the appli cation would be withdrawn from the su- preme court.
 This afternoon attorneys for Mrs. Till man announced their decision to present the case to the supreme court and the court set Monday next as the date for hearing on the rule to show cause why the writ of habeas corpus should not be granted. At that time Senator and Mrs. Tillman will make their return to the order, setting forth their side of the case The whole matter may then be referred to a special master to take testimony if there is any question of fact involved.