The Dawson news. (Dawson, Ga.) 1889-current, 1911-02-22
IIFE'S COMEDY AND 10y
VARIOUS PHASES OF 1T PA.
pEFORE COURT OF APPEALS.
Human interest ThrObs Steadily
OCCASIONALLY Decisions Are Rendered
on Technicalities Against Sympa-
tbies. Judge Russell PhilOso-
nhizes in Recent Decision.

on TeChnIcalltleS Against Sympa-
tbies. Judge Russell PhilOso-
phizes in Recent Decision.
ATLANTA.-In decisions handed
down by the Court Of Appeals an OBJ
servant newspaper man may find
more material for human interest
stories than is the case in most
courts. In batch just handed down
three cases are cited as instances
of this ve-y human element in the
temDerament of the three able men
making up this very branch of the
judicial machinery.
Case No. l deals with a suit for
damage brought by one Chappell,
nrOprietOr of "a Rabbit Foot Com
panv" an amusement combination,
against the Western Railway of Ala
bama
1t would appear that Chappell en-
tered into a contract with the road
TO transport his special car along
its route. Under agreement the car
was 10 be attached to train No. 2,
leaving Tuskegee at $50 a. M, and
due to arrive in West Point at 100
D. m. in ample time for perform
ance that day Train No. 2 failed to
pick up the car, and later train did
so. but placing the troupe in West
Point too late for a performance.
ChappeIl said this meant loss of
$500.
To add to his woes a kerosene
lamp in the baggage car exploded on
arrival at West Point, damaging the
stage properties in the sum of ST.
600. This necessitated a suspension
of arranged schedule for fourteen
days while new accessories were Sc
cured. Chappell had to pay all SAL
aries in the meantime, besides stand
the loss of suspended business. The
road filed a demurrer to his suit,
which was sustained by the trial
Judge.
The court of appeals reversed this
with direction to amend the petit
ton to show damage only for loss
of property and time, and then Chap
pells case would be well founded.
Judge Russell Philosophers.
In a habeas corpus action for the
possession of a little girl down in
SCreVen county there are unusual ell
ementS of human interest. The mere
facts show that Mrs. M. J. Lane sued
out habeas corpus against j. H. Ev-
ans, Jr., for possession of Willie Ev-
ans, the two-year-old child of Evans.
The mother of the little one died
when the child was only three weeks
old. The grandmother, Mrs. Evans,
took the tiny atom when it was so
frail the last breath would seem it's
last, and literally nursed it into life.
In the meanwhile the father mar
ried again and claimed his little one
from his mother-in-law, denying that
he had surrendered parental con-
troll, and setting up that he had Wis
tied her frequently and supplied
funds for the child's maintenance.
The thought of yielding the frail
tot to other hands filed the grand
mother with anguish, so she went
reluctantly to the courts. The wise
Judge of the city court, Solomon
like, decreed that the child should
spend one month with the grand
mother and one month with the
father until she was seven, when all
rights passed to the father. 1t is
IN affirming this decision that Judge
russell philosophers a bit. Listen
to him:
1t may be possible this little one,
as an innocent messenger travelling
from the home of one of these war
ring families Gas counsel denomi-
mates them) to the other, all uncon-
SclOusly may be the means of pour
ing oil upon the trouble waters
may be balm of Gilead to heal the
restoring wounds, and thus effect a
reconciliation which will be benefi-
cIal to the peace of the community.
1t may be that before the time
SNAIL elapse when the right of the
iatAer can prevent if he wishes, all
intercourse between this little girl
ana the grandmother who nursed
uer into life, and whose tender care
she still needs, death will have solv-
ca the question. 1t may be that ere
mat time natures replenishing hand
Will NIL the domestic circle of this
!atner. newly wed, with so many OBJ
-Jects Of love and affection that the
paternal longing will be satiated
ana mat ne and his wife will not be
so anxious, as now, to have the care
OF the little girl who is not the
laughter of them both"
Law VS.. Sympathy.
Judges are not all cold delivers af-
Ter law and facts. Human sympathy
lhrobs within their breasts as
strongly as the rest of human kind.
out the mandates of law must be
needed, however strong the tides of
sympathy may flow.