The herald and news. [volume] (Newberry S.C.) 1903-1937, 1912-11-12
YOUNG BEN TILLMAN'S PETITION
Asks Supreme Court for Possession of
Children-AnOther Chapter in
Life History.

the tragic and pathetic story Of the
separation Of man and wife, the sub
sequent legal battle instituted by the
wife against the grandparents for the
possession of the little girls, the Off
spring of the once happy union. their
deliverance to her of the babes by the
judgment of a court, and finally the
obtaining of decree of enforcement
by court of another jurisdiction.
The public will recall that after the
estrangemnt of Mr.. and Mrs. B. R.
Tillman, Jr., followed by conveyance
of the children by the husband to their
grandparents, Senator and Mrs. Till
man, the younger Mrs. Tillman filed
her petition in the supreme court of
this State asking that writ of habeas
corpus do issue to the end that her
children, Douchka Pickens Tillman
and Sarah Stark Tillman, might be re-
leased from the alleged unlawful re-
straint of Senator and Mrs. Tillman,
and that they be turned over to her
care, training and protection. In this
suit she was triumphant and the chill
dren were delivered to her custody,
not however absolutely without reser-
vation, for said the court, with respect
to the apprehension expressed that by
divorce or marriage or otherwise, the
welfare of the children may be imper-
lied in the future, it is, to be observed
that the judgment now rendered does
not prevent this or any other court OF
competent jurisdiction in this State or
elsewhere, from changing the custody
of the children upon proof of such
material changes of conditions as to
make such a step proper" The order
or judgment closes in these words: ut
is, therefore, ordered and adjudged
that the respondents, B. R. Tillman,
Sr.. and his wife, Mrs. S. S. Tillman,
deliver up the children to the petition
er, Mrs. Lucy Dugas Tillman, and that
she have and retain the custody OF
them during their minority or until it
be otherwise adjudged.'
Conceiving that he is entitled to the
possession and care of the children,
Mr.. B. R. Tillman, Jr., has instituted
proceedings in habeas corpus asking
that they be taken from the mother
and surrendered to him.
The writ granted by Chief Justice
Gary is made returnable before the
supreme court on the 26th instant
and upon that august tribunal rests
the duty to declare the rights OF the
respective parties, and tc whose car"
the little ones will be given. The ac-
ton is entitled ex-parte B. R. Tillnan,
in re the custody of Douchka Pickens
Tillman and Sarah Stark Tillman, his
infant children, VS.. Mrs. Lucy Dugas
Tillman, alias Mrs. Lucy Duga:', re-
spondent.
Mrs. Tillnlan was served with copy
of the petition and other papers yes
terday, and went to Columbia TINS
morning to consult Messrs. DePass &
DePass, who with Mr. Simkils, OF this
bar, will represent her, the petitioner
being represented by Messrs. Tillman
& Mayes, of Greenwood, the former
being a brother of petitioner. The pc
tition in the suit which is duly veri-
fed and is supported by the athdaVlt
of petitioner, recites the marriage OF
Mr.. and Mrs. Tillman, Jr., the birth
Of the children, the subsequent convey
ing of them to their grandparents, ana
the annullment of the deed by the =u-
preme court and the recoAyeyance by
Senator and Mrs. Tillman OF whatever
interest they acquired under the deed
to the children to petitioner, giving
brief history Of the actions and doings
i. the supreme court. Petitioner fur
Their says that he has landed interests
in Greenwood county and has rented
the "B. R. Tillman" place at Trenton,
where he purposes to live, and that ne
is in every way qualified and capacl-
tated to provide for, educate and main
tain his children; that he has made
through third parties numerous at
tempts to effect reconciliation be-
tween himself and Mrs. Tlllman With
cut avail, and now recognizes that any
other effort in that line would be fruit