Atlanta Georgian., 1913-03-08
MOTHER IN WEST
CASE AWARDED
YOUNG SON
Court Says, However, Father
Is Not as Bad as He Has
Been Painted.

Notwithsta nding the fact that he de-
cared from the bench that he did not
believe that Captain Ernest f. West,
H. S. NJ. c.. and former Atlanta school
teacher. was a habtuaI drunkard and
untitled TO possess his child, Superior
Judge ". d. Ellis today awarded the
custody Of eight year old Ernest West
10 his mother. Mrs. Mary Ella West.
She was granted also s75 month tenn
porary alimony for the lads support.
At the conclusion OF the argument
at noon. Judge Ellis. carefully sitting
the cross-testimony given to the court
by West and his wife, summed up the
case in an amiable and conciliatory
manner.
The judgment. couched in simple
terms, proved a plea for concessions
from both sides the only satisfactory
way TO reach a settlement in the Vests
marital difficulties.
Il am loath to believe that Captain
West, an officer in the United States
navy, is an habitual drunkard. really
addicted to the use of alcohol, said
the jurist. Il am rather inclined to
think that his drinking came as a re-
suit Of his illness while on duty in the
Philippines
AT least the testimony showed that
the doctor ordered him TO take a slim
ulant to combat the effects of the eli
mate. His cocktail day was easlv in
creased without any intent Of giving
himself up to the constant use of
liquor.
Captain Not Unfit
The court does not believe that Cap
tain West is unfit to have the child.
but the court does believe that Captain
West is unprepared as a naval officer,
frequently ordered from place to place,
TO rear the lad properly
"If Captain West will look at this
case in an impartial manner, will take
time to look at both sides OF 1t. he will
agree with the court that the proper
place for the child is with the mother
in Atlanta"
At the conclusion of his little lecture.
in which he strove to efface the bitter
ness which has marked the attitude of
Captain West and wife. the court de-
creed that West should pay his wife $75
month alimony pending the hearing
on the divorce suit recently brought by
Mrs West
To Captain West he gave permission
TO see the child frequently during his
leave in Atlanta, but gave no explicit
order prescribing manner or time of
the fathers visits.
While Judge Ellis spoke at length
on the unhappy features OF the case
little Ernest West, loosed for the mo-
ment from the eye of his mother, ran
back in the onte-room OF the court and
busted himself spinning a top.
West during the judges utterance
sat looking straight at the court, shak-
ing his head occasionally in a nervous
manner Characteristic OF him Mrs
West sat with her sisters at the rear
Of the room and now and then sought
the ear of her attorney with a whs-
pered word
The bulk of the testimony in the
case, consisting OF evidence given to
Nhe Nouil NY 1dpldiH w est anu MS WIIe,
both OF whom took the stand and told
the story of their married life in de-
tail, was in early this morning The
lawyers involved gave the court the
benefit Of their ideas on the case dur
ing the morning session.
Decision at Noon.
Al noon Judge Ellis announced that
he was ready to give his Judgment. He
said that the evidence was conflicting
10 a degree, but the sincerity Of neither
party could be questioned.
Mrs. Vests story. given To the court,
covered period of eight years. She
said that she left her husband because
OF cruel treatment when he was sta
toned al Annapolis.
She returned to him on that occa-