The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1911-07-01
CUSTODY OF CHILD
Raised On Habeas Corpus Case Settled
By Mutual Agreement Of Husband
And Wife

Judge Philemon B. Hopper, on
Wednesday morning held a spec
ial session of the Cecil Circuit
Court, to hear testimony and ar
gument in the habeas corpus pro-
ceedings instituted by DR.. Charles
k. Biles, OF Elkton, to obtain Gus
tody OF his infant son, George Ed
ward Biles, who for some months
past had been in charge of his
mother, Mrs. Maud Feldmyer
Biles, who is living with her par
ents in Annapolis. The child and
its mother were in Court. Messrs.
Fred T. Haines and John S. Stra-
horn appeared in the mothers be-
half, and Messrs. Warburton &
Warburton for DR.. Biles.
Mr.. Warburton, Sr., after read
ing the answer to the petition for
the writ, said he had a proposal to
offer which, he said, under the Act
of Assembly governing the mat
ter at issue, he thought could be
accepted. The law provided that
a minor when brought before the
Court on habeas corpus should be
neld to be in the custody of the
Court which had the power to act
for the minors best interest and
award its custody as might seem
proper in its Judgment. DR.. Biles
would be content if the Court
would pass an order to allow him
to see the child an have it at its
grandfather's home, Brick Hill,
lin the Fourth district for the
space OF two weeks in every three
months, the child being in the
constant custody o.: the Court.
IN this way the child would be
less likely to lose or be weaned
of its affection for its father, and,
moreover, it would be his heir, in
the event OF his prior death. A
disagreeable trial would be avoid
ed by the acceptance OF the fa-
theirs proposal. Counsel for Mrs.
Biles, Mr.. Warburton said, had
a counter-proposal, which they
might now suba1it to the Court.
MIR. Haines said tEe usual order
OF procedure had been departed
from as his Honor had been made
an arbitrator instead of the Judge.
Mrs. Biles had offered to go to
Brick Hill for a week, twice a
year, and DR.. Biles was to be al
lowed to see the child but their
marital relations were to be con-
sidered ended entirely. Mr.. George
w. Biles, the childs grandfather
was to be responsible for it's re-
turn to its mothers custody. Mrs.
Biles had previously agreed that
DR.. Biles should see the child, at
her parents home in Annapolis,
under certain conditions. She was
prepared to submit testimony to
support the allegations set out in
her answer to the petition.
Mr.. Warburton said the only
difference between husband and
wife was as to the frequency OF the
child's visits to Brick Hill.'
Judge Hopper said he thought
that eight weeks in year was
none too long time for the ia
ther to have the privilege OF spend
ing with the child, i: he were to be
permitted to retain its affection,
and he urged that counsel come
to an agreement upon the fire.
quency and length OF its visits at
its grandfather's. A recess was
then taken until p, m. After
the recess counsel conferred to-
gether and the case was finally
settled on the basis Of Mrs. Biles'
proposal viz: She to visit Brick
Hill, twice year for week at
time, with the child, whom Dir.
Biles was to see at his pleasure
during said visits. The witnesses
in the case, none of whom were
called, were then discharged