The herald and news. [volume] (Newberry S.C.) 1903-1937, 1913-08-05
FIGHTS THE DEPUTIES
But LOSES HER CHILD
MRS. ZACHRY DEFIES ORDER OF
COURT.
Georgia Decree Upheld-Zacllry De-
parts With Daughter Wrested
From Mothers Hands.
The State, 2nd.

Inc State, 2nd.
Because Mary w. Zachry defed an
order of Judge Ernest Gary, award
ing her daughter, Frances Zachry, a
little girl 8 years of age, 10 her hus-
hand, Julian ]. Zachry. said - h9 a
well known attorney and business
man of Augusta, four Richland coun-
ty deputies working under the direc-
tion of Sheriff Mccain were yesterday
forced to tear the child from her
arms in the court room. Mrs Zachry
fought the deputies, saying that she
would die before she would give up
the fittle girl She was finally over
powered by the officers and a stranger
standing nearby grabbed the child and
hurrying across the court room hand
ed her to Julian ]. Zachry He rushed
down the back stairway and jumping
into an automobile sped down Sum-
ter street, accompanied by one of his
attorneys 1t was said that he pro-
ceeded to Augusta by automobile. The
mother, weeping, left the court room
with her mother, Mrs. Ella J. Hall
han, and went to her boarding house
on Gervais street
Augusta Decree Upheld.
Following a hearing, the following
order was signed by Judge Ernest
Gary:
This clatter comes before me upon
writ of habeas corpus, heretofore
issued by me upon the petition OF
Julian J. Zachry, claiming that he is
entitled to the possession and custody
of his two children, Frances Zachry
and Mildred Zachry, and asking thai
the court restore to him at this time
the custody and control of the child
Frances.
"In responce to the writ, Mary W
Zachry appeared and produced the
bodies Of the children and made re-
turn to the writ.
"Afler hearing counsel for both pc
titioner and respondent, l am OF the
opinion that the petitioner is entitled
to the possession of the children as
prayed for in his petition.
"It is therefore ordered, decreed
and adjudged that the custody OF the
child. Frances Zachry, be, and hereby
is, committed to the petitioner, Julian
]. Zachry. Let all the papers used at
this hearing be filed with the clerk OF
court"
Bond Not Allowed
When the order had been signed, at
torneys for Mrs. Zachry made mo-
ton TO allow her to give bond and
appeal the case to the South Carolina
supreme court. This motion was re-
fused by Judge Gary, who held that
the intent of habeas corpus would be
thereby destroyed Ruling on this
ool Il, Judge Gary said that he knew
of no authority by which Mrs. Zachry
could be allowed to keep the children
in custody pending final settlement
o. the suit iii the supreme court.
Several days ago the two children
were awarded to Julian ]. Zachry by
the Richmond county court at Au-
gusta. Following the decision of that
court. Mis-. Zachry fed to South Car
olina, declaring that she would never
return to the Georgia city, Julian j.
zach,y came to Columbia and retained
counsel. Last Wednesday he brought
habeas corpus, proceedings. Attorneys
for MIS-. Zachry asked that time be
given n which to make reply. The
hearing was set for yesterday morn
ing at 10 o'clock.
The general defense of the attor-
neys for Mrs. Zachry was that an ap-
peal had been filed with the Georgia
supreme court from the decision OF
the superior court, awarding the chill
dren to the father, and that the cir
cult court of South Carolina had no
right to decide the case until final
decision schould be given in Georgia
Attorneys for Mr. Zachry held that
the appeal in the Georgia courts did
not supersede the case pending in this
State. "The appeal does not act as
a supersedeas," said Hamilton Phinizy
of Augusta, attorney for, Mr.. zachry,
He further stated that it was absurd
to think that the filing of an appeal
acted as a supersedeas.
81 DOM know What course we will
take said Frank G. Tompkins, one
ZoohrJ-