The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1914-09-15
FINDING Of JUDGE
IN NEWTON CASE
Mother Has Custody of Child
But Father May See Her at
Any Time
s~o>aal lo re >~>Nfo~~

Fayetteville. Sept 1.-THE decree
OF Judge Geo. ". Common in the
haheas corpus proceedings brought Ivy
j. Sprunt Newton. II thlS city. against
MS wife. Flora Eliza Newton. for the
custody of their ~four-year-old daush-
ter, heard in chambers nv Judge Con-
nor III Raleigh August Sth. was filed
III the office Of Clerk of the Court A.
\. Mackethan Friday. Judge Common.
considering that the best interest Of
the child, Mary Elizabeth Newton on
account Of her sex and age. require
that she remain under the care Of her
mother, DEGREES that she be remanded
to the custody Of the mother. under
the condition that Mr.. Newton shalt
at all reasonable times and under
all circumstances have
opportunity to be witt said child and
have said child with him free from in
reference or the presence of others.
if he shall so desire. to the end that
he may not only enjoy association
with said child. but may also Guilt
vate in his said child the love and af-
lection which by nature is incident 10
their relation as father and child. and
which Is essential to the well being
and happiness of both" and directs
Mrs. Newton to keep the child within
the county of Cumberland and not To
remove her therefrom without tho
written consent of j. Sprunt Newton.
and further directs Mrs. Newton To
permit her husband TO have the Gus
tOdy and possession of the child at
such times and under such circum-
!, stances as ma be reasonable. and
usual and customary for a father 10
have an infant daughter, and provides
: that 1t shall not be deemed reason
able within the spirit of this order
for the said j. Sprunt Newton To have
or keep the said child in his possession
for more than six hours at one time,
nor oftener than once a day.
No Prejudice Against Father.
The most significant part Of the or
der is section } of the decree. which
reads: That it will not be to the best
interest of the said Mary Elizabeth
IL Newton. but it will be p~rejudicial u
& such interest. for her to be or remain
II in the presence or under the influence
: Of any person or persons who shall
Il directly, or indirectly, by word or act.
'e actively or passively. cause the said
3 child to nave or entertain for her
father, J. Sprunt Newton. any feeling
other than that of respect. love and
.. affection; that thereupOn the said
" Flora Eliza Newton be and she is
le hereby required to keep the said child
at all times free from the influence
VI DONH " IItI " Dt 1851
L or unfriendly toward J. Sprunt New
ton. and not to permit the said child
to be or remain alone in the compan
&c of such persons, whether such per
ia sons be related to said child CT not
4 to the end that said child shall at al
~ times be under Influences favorable tC
e. the cultivation in said child of that re.
spect and affection for her father es
sential to her best interest and future
lie happiness"
Confidence In Newton.
vi The hearing before Judge Conner
-. which was upon the return to a wrl
III of habeas corpus issued by Chief Jus
" tice Walter Clark. was a result o
We the separation of Mrs. NewtOn (wh'
was Miss Eliza McArthur) from he
70 husban in August Of last veal on ac
10 count of the strained relations exist
ing between her husband and mem
berS Of her family, consequent on tn
al refusal Of members Of the McArthu
family to acknowledge their allege'
~signatures on Mr.. Newton's Outstand
ing notes said to aggregate more tina
to 500, 600. The decree. though. has n
r. direct bearing on the various suit
OF. over these notes. except in SO far a
it tends to show the courts confdenc
"a in Mr.. Newton. The decree states a
a finding of fact that whether OF no
the separation on the part Of the re
n spondent is justified by the conduc
of the petitioner in business matter
is not material to the matter in con
troversy in this proceeding.
,er It is ordered that the proceeding b
IS. docketed in the office Of the clerk {
the Superior court so that other me
tons and orders may be made to pro
Ne tect the rights of all parties eot
I'D cerned.
IS At the time OF the hearing jude
OF Common indicated verbally the natuI
iSt OF his decision, but announced that h
would not issue a formal decree unit
later.
be