Every evening, Wilmington daily commercial. (Wilmington, Del.) 1878-1928, 1922-02-02
LITIGATION OVER A CHILD.
GsweAr Gaze to b Decided Next Sat.
urday MOrAlAg.

Judge Rice, yesterday afternoon, In
Superior Court. reserved decision until
II O'Clock Saturday morning on the
petition OF Mrs. Florence r. Tobias of
Sunset boulevard. Hollywood. Cali
fornia. formerly Mrs George A..
Gewehr, OF this city. for the custody
OF her year-old son, George A..
Gewehr, Jr
John w. Huxley II counsel for the
plaintiff and q. Darc Hopkins In at
torney for the plaintiff.
The couple, It was testified. we're
married July 90, 1905 and were divorce
cd January 8, 1919, on proceedings
brought by Mrs. Gewehr's husband,
George A. Qewehr. since then. how
ever. both parties have remarked
In her testimony Mrs. Tobias testi-
fed that until September. 1918. prior
to the time OF her divorce, she lived at
2lT West Ninth street, with her
mother and young son. with unsatis-
factory living conditions. Relative to
the care OF the child, It was testified
that many, conversations had been
held In Mr.. Gewehrs store. During
these conversations, according to Mrs
Tobias, her husband made the prom
ise that she would be given the Gus
tody OF the child and also s35 week
for his support. For this reason. she
said, she did not contest the divorce
and It was further testified that Mr.
Gewehr had paid all counsel fees For
the past three years Mrs. Tobias has
lived In California. During this period
the young son has been In her GUS
tody. Last Octob, :, she said. she re-
married. Following the marriage. she
said, her son WAS taken to Louisville
KY, to the home OF his grandmother
where II was thought he should re-
main until their new home I'm Holly
wood could be arranged for his com
fort.
Not until several letters had, been
received from Louisville, according &c
Mr.. Gewehr, did he know OF his sons
whereabouts. He Immediately pro-
ceeded 10 Kentucky and subsequently
returned with the child to this city
Mrs. Tobias arrived In Wilmington
from California last Thursday, wher
she was informed that Der son hat
been returned from Kentucky.
The brief OF the counsel for the de-
PENDANT sets forth that Mrs. Tobias
''is not proper person to have the
child" and that its custody is asked foi
because az conditions as they exis
today.
Mr.. Gewehr testified that he had tbs
boy entered in a military college n
New York and that the child was e
/ have started his first day In colleg,
yesterday. lie further testified 10 thu
physical condition OF the child, claim
ing that physical examination b.
DIR. Meredith Samuel. following tn
boys return TO this city, revealed pos
sible fallen arches Of the feet and ais
n rupture. The boy. said Mr.. Gewehr
had not progressed Satisfactorily II
the Louisville schools.
i In reply TO Gewehr.. relative to he
conduct prior TO the divorce. Mrs
Tobias admitted that she had gone on
automobile riding with other mer
But. she said. my relations We're al
WAYS indiscreet and not improper. Nj
brother was always third party"
MIR. Gewehr testified that he ha
entered his son at the Mt. Pleasan
Military College. In New York. an
that he. the father. had met with a
the requirements OF the college.
In reserving decision. Judge ltic
ordered that Mrs. Tobias be permitte
TO see the child az often as she care
10. Judge Rice. following the test
poonv interviewed both the child an
: the mother.