The Birmingham age-herald., 1920-03-20
BY COURT DECREE MARY BLACKBURN
 IS GIVEN ID MOTHER
Applaud When Judge Wilkinson Awards Child to Mother-Ap-
 peal to Supreme Court

Mrs. Monnie Moore was awarded the custody of her 13-year-old daughter, Mary Blackburn, by decree of Judge Horace c. Wilkinson rendered yesterday in the circuit court of Jefferson county, following a legal battle that, had con sumed the entire time of the court since last Monday.
 Amid silence that was broken by the sobs of the child, who had de- clared she preferred to live with her grandparents and who seemed to sense the award of the court Judge Wilkin- son read his written opinion and de- cision in the case, and at the con clusion the spectators who crowded the courtroom to it's capacity gave a hearty round of applause that could not be checked by the court officials.
 Formal motion for new trial was made by John H. Bankhead, Jr. and e. P. Beddow, attorneys for John w. Blackburn, grandfather of the girl, with whom she had lived for several years and an appeal to the supreme court was taken.
 The cas, which has attracted state wide attention, was brought to an issue when Mrs. Moore. mother of little Mary Blackburn, through her attorneys, Hugo l.. Black and Champion Harris, brought habeas corpus proceedings to secure the custody of her daughter, Mary Blackburn, with John w. Black burn, the child's grandfather, as re- spondent. The case was commenced tefore Judge Wilkinson last Monday and one of the hardest fought legal battles was enacted in the hearing of the proceedings. The evidence was mainly on the point as to whether the mother was a proper guardian of her child
 The efforts of the attorneys for MT. Blackburn were largely directed in presenting to the court evidence af- fecting the moral character of the mother and the innermost secrets of her past life were laid bare in open court. The attorneys for Mrs. Moore claimed that the testimony against her was overbalanced by the weight of tes timonv to the effect that she was now leading an upright life and that she was the proper person to have her child in charge.
 The decree of Judge Wilkinson fol- lows:
 In the petition of Mrs Monnie Moore for
 the custody of her daughter, Mary
 Blackburn.
 This is a contest between the mother and the grandfather and step grand : mother. for the custody of the minor daughter of the petitioner; it is in it's nature one of those unfortunate cases that must end in bitter disappointment to one side or the other, and one which the court would, if possible, have pass from it. but as societyfis so constituted that such is impossible, 1t becomes the iuty of the court to ascertain as best it can what is or probably will be to the test interest of the child, and then de- cree accordingly, regardless of the un- happy results to others. As was said by the court of appeals of Missouri, in re <rauthoff, IT s. w., 1112
 '"Herein we are asked to exercise
 our Jurisdiction in the adjudication
 of an exceedingly difficult, embarrass-
 ing and important question. one that
 affects the most sacred feelings and
 reaches the profoundest depths of the
 human heart It is an unwel-
 come task, fraught with heavy re-
 sponsiSility. In it's performance, how fever careful and sympathetic we may
 be, we must walk with heavy tread
 into the very saIctum sanctorum of
 parental affection, and laying hands
 upon the jewel there enshrined, make
 such disposition of it as. in our finite
 wisdom, it's best interests may seem to
 require. It is painful duty, from
 which every well-regulated mind must
 shrink, since it's performance has to
 do, not only with the tender relations
 of parent and child, but involves the
 future course of human life, and
 perhaps may have an influence upon
 the destiny of an immortal soul. One
 thought, however, affords some slight
 comfort, and that is that We are in no
 way responsible for the causes which
 have unha ppily brought about the sit
 uation with which we are confronted.
 We are called upon to act the heavy
 obligation is laid upon us. and we
 have no choice but to meet it. Let
 those who hearts are wrung remember
 this when in their pain and tears they
 realize the effect of this decree.