The Birmingham age-herald., 1920-01-25
EFFORT ID REMOVE ! BLACKBURN CASE
 ] ID FAYETTE FAILS
Pleading Consumes Entire Day In Court and Judge Wilkinson Set Further
 Hearing for Feb. 25

An effort to have the Mary Black burn case removed from the jurisdic- tion of the courts of Jefferson county
 was lost yesterday, when a plea fliea
 before Judge Horace Wilkinson by At
 torney w. J. Wynn, representing the
 relatives of the girl in Fayette. was
 overruled.
 Following the hearing of all the
 petitions by both sides, and their de- murrers, Judge Wilkinson set the case for hearing on February 20.
 Settlement of the pleadings in the case took up the entire day of the court, The morning was taken up
 with the pleadings of the attorneys for the relatives in Fayette, who sought to have the case removed to Fayette. The removal was strongly protested by Hugo Black and Champion Harris. at torneys for Mrs. Moore. Judge Wilkin- son overruled the motion and the case proceeded under the Jurisdiction of the Jefferson county courts.
 In the case at bar. Mrs. Minnie Moore is seeking the custody of her 13-year- / old daughter, Mary Blackburn, who now is living with her grandparents, MT. and Mrs J. W. Blackburn of Fayette
 LONG ANSWER FAILED
 Contending that Mrs. Moore was not suitable person to have custody of. Mary Blackburn, Attorney John Bankhead, Jr., in an answer covering ten typewritten pages, made various Allegations concerning the past char acter of the mother of the child. MT. Bankhead in behalf of John w. Blackburn and Mrs. John w. Black burn, the grandparents of the child, stated that they were people who are well respected in their community and are well able to care for the child.
 The grandparents denied that Mrs. Moore had returned to Alabama by the Overwhelming yearning for her child. v | but state that she is under bond in / the circuit court of Fayette county charged with Kidnapping the child and ! that the case comes up during the sec |ond week of March of this year. | In the answer of Attorney Hugo IBlack in defense of Mrs. Moore's peti- |tion, he contends that Mrs Moore is a woman of excellent character, and |that she is more able to care for the |child than are the grandparents. He made more from a legitimate busi- ness in one day than did the grand |parents in a month.
 CUSTODY OF DAUGHTER Mir Black contended that Mrs Moore Qlu nOL come neT6 que to tut pTOStCu- |tfon against her in Fayette county, but |only to seek the custody of her daugh. |ter. Mary Blackburn.
 Judge Wilkinson in setting the day for the hearing of the case allowed |enough time for written testimony from California. Attorney Black an nounced that he had 75 witnesses, while Attorney John Bankhead. Jr., |stated to the court that he would |offer the testimony of about 12. Mrs. Moore, by ruling of the court, made after the settlement of the pleadings yesterday will be allowed to visit her daughter each weekend in Fayette, with the added proviso that if any demonstration be made against her in that place, the order will be revoked and new one sub stituted. This was done on the motion of Attorney Black. who told Judge Wilkinson that the people at Fayette were very bitter against Mrs. Moore