The Birmingham age-herald., 1921-05-22
ANSWER FILED BY
 SPEAKER ID CHARGE
 OF GIRL $ FATHER
Religious Issue Is Injected Through Prejudice, States Grandfather In the Case Involving Custody of
 Bertha Graham

Claiming that in no manner he com nived or attempted to obtain the cus- tody of Bertha Graham, his grand daughter, but that she came to him voluntarily, stating that she had been beaten and cruelty treated by her stepmother A. Speaker filed an an- swer yesterday in the chancery divi- sion of the circuit court to the habeas corpus proceedings instituted by R. J. Graham, father of the girl. He further charges that the religious issue has been injected into this case for the purpose of engendering prejudice and bitterness"
 MT. Graham is seeking the custody of his daughter alleging her grand father went to the school where she had been placed and took her home with him for the purpose of having her reared under Catholic faith. after Graham had declared himself opposed, to it.
 In his answer, MT. Speaker alleges that the girl Bertha, was reared by J. R. Graham and his wife as their own, and that R. J. Graham had con- tributed irregularly to the support of the child, and that the responsibility
 
 upon J. H. Graham and his wife.
 The respondent states he is a Cath ollie. and says that Graham Is a Cath oic also, and was reared in that faith, attended Catholic school and was married by priest. According to the answer, the respondent believes that the petitioner was of this faith (it any faith), until these proceedings were filed" MT. Speaker alleges that the religion of himself and that of the petitioner. R. J. Graham, differs not in kind, but degree; not in quality, but .n quantity"
 QUALITY OF RELIGION | He denies having any voice what ever in the education of Bertha Gras ham, or in her religious training. Ac- cording to the petition, the child was baptized in the Catholic faith when she was baby and She was sent to Cullman to the Catholic school with out any coercion on the part of Mrs. Laura Graham, so far as the respon- dent knows.
 Mrs. Laura Graham is Protestant, according to the answer, and comes from family of Protestant ministers, and as evidence of her faith reared her own child as Protestant. It is alleged that Mrs. Graham and the petitioner had sev- eral arguments, and the childs father always championed Catholicism. | MT. Speaker set out in the petition that the child refused to return to her father and stepmother and sought the protection of himself He points out that he is interested more in her physical welfare and keeping her from being beaten and mistreated than he was in her religious faith.
 | COWED AND SUBDUED l It is further alleged that the father, R, J. Graham, has never treated the child as a father should, and the child has not the feeling that she should have for her father. He denied that he intended to send the girl back to Gull man and declared if Bertha was cowed and subdued 1t was the stepmother' 8 treatment that had cowed and subdued | her.
 l Respondent admits that Katie Graham, former wife of R. J. Graham and mother of Bertha, is living at his home, and says she leads moral, upright life and is fitted to have the custody of her own child. MT. Speaker alleged that he IS amply able to care for the child and rear her as befits her station in life.
 MT. Speaker states that his only in- his granddaughter be protected from further violence and mistreatment, as her happiness, and not religion. is the real issue before the court. l This case will be heard before Judge Hugh A. Locke in the chancery division of the circuit court tomorrow morning.