Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1915-01-08

child while the same was sitting in its
said carriage and violently slapped IL
and thereafter shook il with such In
tensity and violence that the said
child's head struck a portion Of said
carriage. inflicting bruises which were
plainly visible to all those present
That as petitioner is informed and
verify believes. In acting as aforesaid
the said Smart eyinced a cruel, vim.
dictive and fiendish disposition against
said child and an utter disregard Of
said child's health and welfare.
Says Smart Would Go to Paris Again.
That as petitioner Is informed and
verify believes, 1t is the intention of
said Smart as soon as possible, after
his business affairs in Hawaii are set.
tied, to depart from this territory; tax.
ing the said infant child with him and
to deliver the said infant child into
the control of the said Miss Hale. the
nurse hereinbefore referred to. intend.
ing together with said infant child
and said nurse, thereafter to return to
Paris to live after the termination OF
the present war
That the said Smart is Of a mer-
cenary disposition and of Incorporate
habits and in the opinion of your pc
titioner would hesitate at little or
nothing In order to secure for HIM
self all or large portion of the prop
erty of his late wife and that if in
the opinion of said Smart it was ap-
parent that the said infant child stood
between him and the enjoyment of a
large fortune in petitioners opinion
he would not be a safe person in
whose custody to have said child, nor
would he be a safe person to appoint
agents or eustodians of said child.
Undue Influence in Will 10 Charged.
That said Smart exercised undue in
fluence over his wife causing her to
yield to him in apparently all matters
which concerned her property.
That in spite of having made a will
which adequately provided for the said
Smart in the event of the death of the
said wife and adequately provided for
any children there might be Of said
marriage and not satisfied with such
ample provision contained in said will,
he, the said Smart, by undue influence
over his said wife, caused her to exc
cute a will in his favor whereby he
was given practically all of the estate
of his said wife and the best that can
be said of the property left to the
said infant is that he was given a
right to lawsuit to obtain possession
of his property after he became of
the age of 20 years, it being doubtful,
however, as a matter of law, as petit
toner is advised, whether said infant
child, under said last will and tesla
ment, obtained any title to any of the
property of his mother.
Plot to Get Fortune 10 Seen.
That your petitioner believes the
said Smart deliberately schemed and
plotted to obtain possession Of all of
the property of petitioners daughter
and your petitioner does not believe
that he will hesitate at doing anything
which it is necessary to do in order
to achieve the result which he has
been seeking. ".. @.....
That it was the dying wish of petit
toners daughter that she be given
the custody of the said Richard Smart.
4 L
tached to said Richard Smart, having
now no children of her own, that said
child has become attached to her and
that If she is given the care and Gus
tody of said child she will give to it a
mothers love, care and devotion and
will bring it up in manner fitting it's
family and position in life.
Asks Child be Taken from Father.
Wherefore your petitioner prays that
the custody, care and control of the
said Richard Smith be forthwith taken
from the said Henry Gaillard Smart
and given, pending the hearing and
determination of this petition, to your
petitioner or to some suitable person
other than the said Smart and that
the said Henry Gaillard Smart be re-
strained, pending said hearing, and de-
termination, from visiting said Rich
ard Smart or exercising or assuming
any control over him or removing him
from or without the jurisdiction OF this
court; and that upon the final hearing
of this petition the said Henry Gail
lard Smart be removed as guardian
of said Richard Smart and that your
petitioner be appointed guardian of the
person of the. said Richard Smart:
and for such other and further relief
as to this court shall seem just and
proper in the premises; and that proc
ess issue out of this court directed
to the said Henry Gaillard Smart cit.
ing him to appear herein on day
certain to be fixed by the court and