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HomeMy WebLinkAboutChild Custody Records 1875-1917 Ch i l d Cu s t o d y Or b e s o n , Ge o r g e Or b e s o n , Ma r g a r e t 18 7 5 = Aa ense—ee | ce. A Coes Sr coe CG Ae KG ae , ALE, See A a oe i feo CAA es cae. } A od Ta “Gb Pe (= bh ~ cv OT SC A Lane _ Dre tA res, z CE Cao Cath he LL en, af Choa Care. KB Let Ate g Ch i l d Cu s t o d y Du k e , Ev a Du k e , Ja m e s 18 9 7 % North Carolina Affidavit of C.M.Duke. Iredell County. § In the matter of Jas.& Eva Duke children of C.M.& Annie L.Duke. C.M,Duke being duly agworn deposes and says: That he is the father of the above named children,Jas.& Eva Duke,and at the Nov.Term of Iredell Superior Court,tamt in the case of C.M.Duke vs Annie L.Duke,the same be- ing a divorce suit,that in “Ae suit he was granted a divorce a vinculo . mat rimonii from his said wife Annie L.Duke,and t#@t it was shown to the Court and ZB the facts found om the Jury that his aaid wife Annie L.Duke had been and was at that time living in adultery with one Eugene Dowdy. And at the Tern of Said Court His Honor Judge L.L.Greene signed a judgment,a copy of which is-héFeunto annexed and marked Exhibit "A", in the above cause,C.M.Duke vs Annie L.Duke,commi‘ting the said children Jas.& Eva Duke,children of said Plaintiff and Defendant,to the custody and care of the Orphan's Home at Barium Springs N.C.,if places could be secured for them there. Affiant further says that he has used his best endeavours to get them in at said Home but has failed to secure them a place,nor does he think that he will be able to get them in at said Home any time soon ,if at all. The reason that MEM the children can not be gotten in is on account of not having room. Affiant further says that his attorneys Robbins & Long have used their best endeavours and influence to get said children in at said Home but they too have failed nor do they think that there is any chance to get them in soon ,if at all. Affant further says that after getting said divorce upon the grounds of his wife's adultery ,that he has every reason to believe now that she is still living with the said Eugene Dowdy in adultery,and for this cause she is not the proper person to have the custody of said chil- dren,Jas.& Eva Duke. , : “ o ‘: ie Sworn and subscribed to before me this G-. Hb, Love fer the 22" day of Feb.1897. {2 Flog Notary Public. a In the Superior Court. Iredell County. - & Divorce. Duke vs Duke. B.P.Long after being sworn deposes and says:- That since Judge'@reene's Decree in this case granting the plaintiff divorce from the bonds of mat- rimony from the defendant,aff—iaat has made a faithful effort to place th two children in question at the Orphanage at Barium Springs; that he saw the Rev.Mr.Boyd who is in charge of the Orphanage,in person,and he learns from him that the children can not be placed there now for want of room and that there is no prose t in the near future of getting them placed at the said Orphanage. 3 Sworn to and subscribed before me this the 25" day of Feb.1897. aus tdaug, Notary Public. To the Sheriff of Iredell County:- It apearing to the Court upon the forego- ing affidavitthat the plaintiff is entitled to the relief sought,there- fore it is ordered that you bring Jas.& Eva Duke ,the children of C.M. & Annie L.Duke,now in the custody of Annie L.Duke,and if not in her cus- tody,then where ever they may be found,to appear before his Honor Judge Henry B22 Shpuck HOw pr; siding Judge of tne 8" gudicial District of North , Lj dee . Carolina,at Aryuyln WE, a Un G4 (nw aA —- let her the said Annie L.Duke show cause why the children Jas. & Eva Duke shall not be placed in the custody of their father C.M.Duke. The Sheriff will serve notice of this order on Annie L.Duke. ) fl Ta Shur tl Feb.72 7 1897. _ Judge presiding in the 5*® Judicial District of North Carolina. North Carolina Superior Court Iredell County. Nov.Term 1896. C .M.Duke vs, DECREE. Annie L.Duke. o @ This cause coming on to be heard at this term upon the cam plaint and findings of the Jury upon the issues submitted to them as to the marriage ,the adu ltery of the Defendant and the Jury having found all of the issues in the favor of the Plaintiff. It is ordered and ad- judged that the nuptial tie and the bonds of matrimony between the Plaint -iff an the Defendant are hereby dissolvedand that said C.M Duke be and he is hereby divorcedfrom the bonds of matrimony betw en himself and the defendant. It is further ordered and adjudged that the Plaintiff be and is entitled to his real and personal propertyfre: from any incumbrance »right or interestof the defendant on acco nt of the marriage and that ta defendany may have such as she may own in her own right free from rights or interest of Plaintiff by reason of marriage. It is further ordered and adjudged that the children be committed to the care,control and custodyof Bar ium Springs Orphanage and that each party shall pay his¢her own cost to be taxed by the Clerk of the Court. (Signed) L.L.Greene. Judge Presiding. Lovcesylas My ol @& (ERT M Bee, Malle > z ey los VEE SIO cheerae S77 Weg En aa Vee LAS leet Haein eee I, L. L. Green, Judge of the Superior Ceurt who presided at the November Term of Iredell Superior Court in 1896 do hereby certify that in the case of C. M. Duke vs Annie L. Duke, the same being a divorce suit a vinculo matrimonii, the same being for fornication and adultery on the part of the defendant Annie L. Duke, the intention of the judg- ment signed by the Court was to the effect that all means possible should be used to place the two children James and Eva Duke, children of the plaintiff and defendant, in the Barium Orphanage at Barium Springs, Iredell County, North Carolina, and after this being done, if the children were not admitted in said Home then it was the intention of the Court that the children should be placed in the custody of the OE father. In the matter of Jas.& Eva Duke. Before His Henor Starbuck Judge. J.C.Duke being duly eworn deposes and says: That the certifica hereto attached was signed Bor convenience by the differeny persons whose names are therto HXXMEMMAX subscribed: that the said eleven persons subscribing there names thereto reside in or near State svilé and are well acquainted wth the father and the mother of the said childrenand are al! gentleman o* standing and character: That this affaint is the brother of the C.M.Duke the father o8 said childrek and a resident of Statesville: that the mother of the affiant and the C.M.Duke expects to aid in caring for the said childrenat her om home where the said C.MDukeresides with her: further this affiant is an unmarried manand has some means and he expects to aid in caring for and educating the said children i* they can be placed with their father: that since the beginning of the suit fer divorce this affia has advanced out of his own pocket for the benefit of Mrsa.C.M. Duke and the children the sum of g Joo Dollars,and he has also furnéshed Mrs.C.M.Duke a home for the period of 17 months without any charge and she etill resides in his house; that since the trial and the judgment of the diworce suit this affiant is credib bly informed that the person with whom she is alleged to have com- mitted the adultery has been seen at the residence of Mre.C.M.Duke: and affiant verily believes that the best interests of the chiléren. will be observed by placing them with their father. That the habits and life of his brother C.M. Duke are ciroeumepect: that he is temperate and i ndustrious and he knows that he can and will take care of the children as thay sould be. Sm bs De 6 tte eof eret [S47 Wewcst Lang 2aldry Fbbe In the matter of Jas.&.Eve Duke. AY VAs being sworn deposes and says that he is persenally acquainted with J.C.Duke and knows him to be a man of good character An@.is one of the best citizens of Statesville. A°-fiant further says that he knows that if J.C.Duk@ has any thing to do with the care ef the children that he will see that they are properly cared for Affiant further says that J .C.Duke will see to the preper steps will be aken by his brether as to the care and educating and the provision ef the children in every respect. QA ie AY fr “~~ AS re . _ 6 _ “fn A~*4+_ (5-4 [3 Pre In the matter of Jas.&.Bve Duke. ae PhO L being sworn deposes and says that he is personally with J.C.Duke and knows him to be a man ef good character A?’fiant further acquainted Ana is one ef the best citizens of Statesville. wie Wit Re Rhews tee 1? 7 e.peeitie-eny emtng to do.nith the sam of the children that he will see that they are properly cared for Affiant further says that J .C.Duke will sec to the proper steps will be aken by his dbrether as to the care and educating and the provision of the children in every respect. / , In the matter of Jas.& Eva Duke. / J.P .Cathey So personally dcquainted with C.M.Duke the father of the above named being sworn deposes and says : That he is children and that he is a man of good character. And affiant fur- ther #éys that ‘he believes that if the said children are placed in the custody and control of the father that he will take good care ef the said children. Affiant further says that he believes that the father ,C.M. Duke would be a more suitable person for the said children te live with and would be better cared ofr and raised better with the said father than where they are now with the said Annie L.Duke. And than if they are left. with her Affiant says from what he he can ascertain and believes tat she is net the preper person to attemt the raising of said chil- dren for her standing is not what it ought te be. Affiant further says thatthe caharacter of the said Aynie L.Duke is net as good as DR Cntrteg that of C.M.Duke. Swern and subscribed te before me this the 6" day of March 1897. . DBE er Eaey Netary Public. a In the matter of Jas.& Eva Duke. Kl VY [Pe he j being duly sworn @eposes and says: That he is personally ee wi'th C.M.Duke and knows him to be a man of good character, Affiant further says that he believes that the said caw. Deke is the prep r person to peve ere a, custody of the said ohil- dren Jas & Eva ,his children,for he would and could take good care of the said children. Por he is an industrious man and can make good support fer the said ehildren. Affiant further says that he believes that the said C.M. Duke would be a more sui‘able person te have the care,control nd custody ofsaid children than the said Annie L.Duke. Per is a person of better standing and of beter chracter than the said Annie L.Duke Swormnm to and subscribed tobefor me thie the 6° day of March .1997 LP ee ee ‘ Netayr Public In the matter of Jas.& Eva Duke. w V.J.Lazenby being sworn deposes and says : That he is personally acquainted with C.M.Duke the father of the above named children and that he is a man of good character. And affiant fur- ther says that he believes that if the gaid children are placed in the custody and control of the father that he will take good care of the said children. Affiant further says that he believes that the father ,C0.M. Duke would be a more suitable person for the said ehildren te live with and would be better cared ofr and raised better with the eaid father than where they are now with the said Amnie L.Duke. And than if they are left with her Affiant says from what he he can ascertain and believes tmt she is not the proper person to attent the raising of said chil- @ren for her standing is not what it ought to be. Affiant further says that the caharacter of the said Annie L.Duke isqpot as food as that of C.M.Duke. Sworn and subscribed te Ge Seppe bey before me this the 6° day of 4 March 1097,° =“ zs Netary Publie. bey beth. A We the undersigned citizens of Statesville,N.C. are per- sonally acquainted with Mr.C.M.Duke and know him to be a man of goods th character and feel satisfied in saying that we think whe will take good care of his two children Jas & Eva Duke,and eaiars they will be better treated and cared for and that they will be in better society ,than where they are now,viz:- with their mother Annie L.Duke. Statesville N.C.Feb.26" 1897. VL eo a LOK OC: Ze ¢ SW dlewad I App. : mn Le fa fsseon Af - ( Cor y ¢ Nor fh Cw olina W.A.Brawley being auly swoén says; Je ey That he is now a resident of the State of tems, residing at Rea aig’ iw ae, a has. begh for sone, t jm. Sstarier to nie! remevil ni ‘ena wee a: the date f the same. anc nampered: Ane ses. a menisitat cof, Iredell County, and stete of rth daily commisstoned Carolin ana rend cyuajnte. there. Amogg his acquaintances in ak = oo ne om a s Annie’ L. puke and Eugene Dowdy. | fal Sodver sitions with ‘said Fugene powdy reis- 1 e| to his relat iD Annie L- @, wife of tioned he ne aN he heara eos Doway% Z that. while said annie 7 ob and husba hen puke aes ed in Dan yile ctatie of vig / | ginia, and whil a aia doener was at his Gaily work, that he ae fi, ‘powdy was at nol ME | said Annie L, amd in bed with her, nA whenever he so desired. jfftant further-stetes--thet—saia_Dowdy told him that he Yloway had impregnated the said Annie L and had procured a crug and administerea the same to the said Annie Le for the purpose of causing an abortion. affiant further stat es that said Dowdy infurmea him that said Annie L. would complain to her saia husband that she was sick md iunable to co-habit with him, ma at the same time would allow said Dowdy to have intercourse with her whenever he so detired phat after the said Dowdy returnea to Sta esville he informea this affiant that saia annie L woulf retum to ta esville at a certain time ana tnen he would gratify his passion at will as the husband would remein in Danville, which this affiant knows to be true. ee syne \GFESY6 (DL Gee Broly Sworn to ana subscribed before me this the AZ aay of PM eg 1896 yY ITT EN TT ST TG . ¢bwod: sdteyit DOB BAe al ‘eleka -alox Vowod SNSBOT Oise Weiw eno rs mata vpad Le Gd.d ernn : ¢ . << e + \ PCINA pie2 elisw tens > Yowod 1930 Wb v md DN SOL ess V ‘to 9.weto eLfiv ned a: fee1 Prd avemisdd Ynkdanid vas esyd.d © 88 JBN .AnyoOw vite ,BW avant ew » ah e190 Attw ped 1 fy x ‘2 : BY yowot eon 8 isc Ue Sir 18V SUBS DZS off J @LNNA OLot Disge Sit Detanservymi osd vowal 97% tent min S.:NNA Oise eit oF smee ait NOXOSHELAIM® one RUTS RB paeTts01g NOLFAOAS Se@0qgrisyyg ads rot mmo tag vows Yeaserot FoBrtta 2 tsiid ongdeuri ofvew .d ernoa bie oltow aenirt emee ouit te ag emi Pat (UBI-O9 Of elduns: i cg Ny DOeTi2®b 02 Of Tevereliwoien ascw secs @vai! oF Yowod pigse nenmotat ef eflrvae gtr of ceniuie, VOWo@ Hise ent retts tare B® JR O9lisveas wt 0 2g iliw ig 2 OW O81 NOt OAR emt Ci BtyYeD {vnwed mi Mh amery Disow ongdeun OM evo ted * Ne I OE E OC OE LE T CE County of... 2. m (which is a Court of Record), do hereby certify that ee ee eee cope _...-whose name is subscribed to the annexed... VE C Taw cn oA. PZ AAP? acaCey was at the date of the same, and ; is now, a... Le Lar fr. To PatLs a in and for said County, duly commissioned and qualified, asd authorized by law to administer oaths and teke acknowledgments of instruments, and full faith, | - credit are due to all his official acts as such. ays And I do further certify, that the signature attached to the annexed. PI? i LEC VIE is his proper signature, and is genuine. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of "AZ <tc County Court, at ae office in......77. Ze. 2. ER. PCL Zz | AEE oes neabay ge Te BAS Sof | PA fox _. Clerk County Court ee et L777 oa oar en County, Texas. BY ee Hee sventoces eee: eer DEPUTY. —f — f } —- — — 1 893 5 ot , ea oan tare SE eae pier PER 9 te wre enis ‘teak thet’ saidg annie L — retum a me wmve. Stig Mntey 3 jeyb Sworn te ana subscribed before me this the AZ aay of 7m tg 189% me Anh Gaseliive Lreceeee Coceuhey : VE oe > ae HS . Wo ak tise oe Pha ania Wfiitren bony Keffer Fa dfia ela. behicten Herat aut CO Je Bute aud Jie fe bik te L Cras of Capt Greg et ruse Lace Sit LY pur Gn fod of Lact aster fovr tens fercLnrg for Ben nf. Poer whe Face Ltntelin aud trrt paecny | ree Mer the Meg heotlm nr fe dear, enTie allege, ha C In bute h thor os Pt = fet fran 6 Vidic Fe Cer tuk prrtitln of fr Chinen f [2 oann ae A Mhprrvtinigg rac Zt Moe Mave aew Le a (Z. | ph lin by fo toh ohne ane fmm been terry ete Oh Cae by = ny F Vice pice bp aE ap ae ey ee es “hz Ds be A Bat CO fy. butu arut em ie Lae lee fe He Or f- B fa-forr of err 7 eee bee ee ey [Aros OLD few, flemer (© Gr Secfe r Leer ez , ead. fon SO © ter 2> Stee te. , Lae Setnnfiest Chak Leeccee X~ 7 A Pinte 6 — “Hace, Opn hake Ps fo f+ Vee cae hat foe Hegecer < ake f Thomas W.Lanier being sworn deposes and says that: he is a cit- izen of Danville,Va. and engaged in business there , that he knew C.M.Duke whils a resident of Danville Va. and knows in what esti- mation he was held while residing there- that he was considered and regarded an industrious , sober honest ,hardworking , and upright man. JILOUAL Zl <L<Odr11t2= Sworn to and subscribe to before me this theA~ day of April 1897. 6 Maughla ff W.P.Hodnett after being duly sworn deposes and says that: he is the propréetor of the Danville Shoe and Dry G oods Co. of Danville Va, and was such in April 1896and resident in Danville Va. that prior to said date for three years or more affiant per- sonally knew ''r.C.M.Duke and had business dealings with him and I take pleasure in stating from such personal knowledge that he was during this time a man of high moral character, sober » hones and industrious and he wag considsred by the community as a man of good morals and of g00d character. Sworn and subscribed to before me this the Abday of April 1898. ne Gf LLe 7 a Totayy Public. L$ ba ght. J, BAraderwan after being sworn deposes and says: That he is a resident of the city of Danville,V a., amd at the head of the firm of R.1I.Anderson &Co. dealers in wood , lumber etc, that for most of the time for fave yearsprior to Apa -il 1896 Mr.C.M.Duke of Statesville,N.C. was in the employment of said firm and we always found hima sober, industrious , attentive and reliable employee, and he was MMXHX a man of excellent char- acter in our co munity. fol. ’ ( _ 7 ~~ OC AtL10 cet ety Sworn to and subscribed to before me this the Z bot April,1897. 6 LbShecergbe fF ° North Carolina, In the Superior Court. Iredell County. C. M. Duke, vs Annie JIL. Duke. cae [FI Um— after being sworn deposes and says: That he is.a citizen and householder resi- dent in Salisbury, liorth Carolina, and has resided there for many years; that from about 1888 to 1893 the plaintiff C. M. Duke resided in Salisbury and while he resided in Salisbury he wes engaged as a machanic ina furniture factory and had the reputation of ans industrious and hard working man, and his character during that time for sobriety, honesty and industry was food anc he had the confidence of the best people in the community with whom he was associated. Sworn to and subscribed hefore ue me this the LS day of Aprt? 1897. “4 Joe eu The foregoing affidavit has heen read and duly con- sidered by the undersigned, and from @ perso’ acquaintance with| C. M. Duke and also from general reputation as to his character| while he resided in Salisbury, we take pleasure in stating that, the facts set forth in the foregoing affidavit ree pecvsns the character afid reputation of C. M. Duke are t QP) ‘fe yy Voge agi p a LAV La | (2) J Salisbury, N.C. Lgne <p _ 1897. Each of the parties subscribing their names to this ‘affidavit, to-wit: ‘ Pe Vier 4-7 liv and F Sree OS Ut Gs [aca and GZ Wi and is personally known to me and subscribed to the foreroing Prat, 4) affidavit befora me this the _ xO day of Apri? 1897. Cun GK plea. ( Copy) I1,L.L.Greene,Judge of thd Superior Court who presided at the November Term of Iredell Superior Court in 1896 do hereby cert-~ ify that in the case of 0.M.Duke vs Annie L.Duke,the same being | @ divorce suit @ vinculo matrimonii,the same being for fornica- | tion and adultery on the part of the defendant Annie L.Duke,the intention of the Court was to the effect that all means possi- ble should be used to place the two children James and Eva Duke, children of the plaintiff and defendant, in the Barium Orphanage at Barium Springs, Iredell County, North Carolina, | and after this being done, if the children were not admitted in said Home then it was the intention of the Court that the _ehildrven should be placed in the custody of the father, L. L. Green, Judge. Affidavit of 0. M. Duke. | North Carolina, | Iredell County. . In the matter of Jas. and Eva Duké children of C. M. and Annie | L. Duke. | | C. M. Duke being duly* sworn deposes and says: That he- | is the father of the above mamed children, Jas. and Eva Duke, ! and at the November Term of Iredell Superior Court, in the case | of C. M. Duke vs Annie L. Duke, the same being a divorce suit, that in said suit he was granted a divorce a vinculo matrimonii | from his said wife Annie L. Duke, and it was shown to the Court | and the facts found py the jury shat hie said wife Annie 1. Duke | had been and was at that time living in adultery with one | Bugene Dowdy. And at the Term of said Court His Honor Judge L. L, Greene | signed a judgment, a copy of which is hereunto annexed and mark- | | ed Exhibit "A", in the above case, C. M. Duke vs Annie L. Duke, i @ommitting the said children Jas. and Eva Duke, children of | said plaintiff and defendant, to the custody and care of the Orphan's Home at Barium Springs, N. C. if places could be se- cured for them there. Affiant further says that he has used his best endeavors to get them in at said Home but has failed to secure them a place, nor does he think he will be able to get them in at said | Home any time soon,if at all. The reason that the children can | not be gotten in is om account of not having room. Affiant further says that his attorneys Robbins & Long, have used their best endeavors and influence to get said chil- dren in at said Home but they too have failed nor do they think | that there is any chance to get them in eoon, if at all, Affiant further says that after getting said divorce upon | the grounds of his wife's adultery, that he has every reason to now that she is still living with the said Bugene Dowdy in adultery, and for thdé® cause she is not the proper person to have the custody of said children, Jas. and Bva Duke. C. M. Duke. Sworn to and subscribed before me this 22nd day of February 1897. B, F. Long, Notary Public. cdi | Iredell County. In the Superior Court. ' Duke vs Duke. Divorce. B. F. Long after being sworn deposes and says: - That . since Judge Greene's decree in this case granting the plaintiff divorce from the bonds of matrimony from the defendant, affiant | has made a faithful effort to place the two children in ques- tion at the Orphanage at Barium Springs; that he saw the Rev. | Mr, Boyd who is in charge of the Orphanage, in person, and he “learns from him that the children cannot be placed there no w for want of room and that there is no prospect in the near | future of getting them placed at the said Orphanage. B. F. Long. Bworn to and subscribed before me this 23rd day of February 1897. B. Frank Long, Notary Public. ody | fo the Sheriff of Iredell County; It appearing to the Court upon the foregoing affida- | wit that the plaintiff is entitled to the relief sought, there- | fore it is ordered that you bring Jas. and Eva Duke, the chile | dren of C, M. and Annie L. Duke, now in the custody of Annie | L,. Duke, and if not in her custody, then wherever they may be | found, to appear before his Honor Judge Henry R. Starbuck, now presiding Judge of the 8" Judicial District of North Carolina, at Lexington, N. C. at the Court House on March 8th (Monday) | and let her the said Annie L. Duke show cause why the children | Jas. and Eva Duke shall not be placed in the custody of their | father C. M. Duke. The Sheriff will serve notice of this order on Annie L. Duke. Henry R, Starbuck, Judge presiding in the 8* Judicial District of North Carolina. | Feby. 27th 1897. Exhibit."A*. | North Carolina. Superior Court. Iredell County. Nov.Term. 1896. V8, C.M.Duke, | i I | Annie L.Duke. This cause coming on to be heard at this term upon the complaint and findings of the Jury upon the issues submi- tted to them as to the marriage,the adultery of the defendant and the Jury having found all of the issues in favor of the | plaintiff. It is ordered and ad judgedthat the nuptial tie and the bonds of matrimony between the plaintiff and the defendant are hereby dissolved and that said C.M.Duke be and he is hereby | divorced from the bomds of matrimony between himself and the defendant. It is further oredered and adjudged that the plaintifr be and is entitled to his real and personal property free from any incumbrance ,right or interestof the defendant on account of the ma rriageand that the defendant may have such as she may own in her own right free from rights or interest of plaintiff | by reason of marriage. It is further ordered and adjudged that the children | be commi ted to the care ,control and custody of Barium Springs Orphanage and that each party skall pay his or her own costs to be taxed by the clerk of MZ the court. (Signed) L.L.Oreene. Judge Presiding. May Leau 1877 ? pr~ ta maller of amen Aelia Aike uz dona “Hotlau) Sut Inf ats hens ah. Caso “x OM. Kobeay Corkuo Preece, a ¥, J , ‘ Z q defoc 2x fo Zi, ~- ¢ ‘ & tunic k, hike, and ae shee pavise beweiy Mpniiul a hy Cacceute’, Soy Witdewd aud at yi ky d lio fe faciorn Gt, uke cs a hit a Cali Ay Safi fierk ditt ten ane nd Cee tetisi of me Che afacg Ge Com Wi Lad bn0 ont Tt2Q00% Be eer CM. huke nud Hn Luk, of He « “drsk mw hin b Cor For, macrlack au) Lhubwle Meo lund trp Au tn the tor Miypn, frverecig ta enacneg “77 hid ct dt feeriibr OL Cxuk Clie. fra Uk hem tray Aane Ue frruitge EUecc Me Cee dhe a ad by ben ened ae ae ae Miu Ueuew H a. siecle Aadline Bade — tetdise tMewide bh at te fou ae) | ted (tater fp tava Hench, b tie Bee Udi Clrtinei , Me Meller wv teh i fiw. br. Wd. frrcd 4 Beeety Ze View wadbey Ucttiein thet ke plist, Hyak & oe bine Ye precig clibuce Mag Dr 1077. Bd. dag , Lt Ch i l d Cu s t o d y Re v i s , Cl a u d i e Re v i s , Ha r v e y 19 0 1 North Carolina IRedell County Miles ,eddend and Wife Sarah R. Redden Sallie Revis To, Hon D.’’.Furches, Chief Justice, of North carolina The petition of the plaintiffs respectively showeth to your | Hon; First---- That some twelve or fifteen years ago the feme plaintiff and one Lee Revis were married in this State and from such marriage two children were born to the feme plain | tiff and the said Lee ,evis, | 2--~ That some five or mix years ago, in the County of Yad kin and State «foresaid the s id plaintiff, Sarah Red en and said Lee Revis were regularly and lawfully divoreed, and since sahkd divoree the feme plaintiff has intermarried with your petitioner and living with him as husband and wife. That at the time of the divorce aforcsaid the ehildren aforesaid, named Claudie and Harvey, were decreed to the custody of the feme plaintiff in this action and lived with her, she being their Mother all the time with the exception of about three years, during whieh time they were in the custody of the s:id Lee p,evis, their father | but during said time, they were kept by him against the pro| test of the feme plaintiff, That the children are now about 8 and 10 years of age. That said Lee Revis has since married and has gone to the State of Texas, and his wife, Sallie Revis, the defend dant herein is now in the City of Statesvil e with the two children aforesaid, with the purpose of taking them to the State of Texas to heir said Father, That said children are restrained by tial defendants who refuses to surrender them to their Mother, and if permitted will be taken from her and turned over by the defendant hercin to their pather, 4---- That the cause of the restraint by the defendant is to deliver the said children to their Father and deprive the feme plaintiff of their presence and aid, 5--- that said rstraint of said children is illegal, in that it violated and set at naught the judgment of the Cour decreeing the custody of said children to the feme plain tiff; that said reptraint by the defendant has never been adjudged upon a prior writ of Habeas Corpus to the knowl- e dre Wher fore your petitioner prays the Hon Judge That a writ of habeas corpus be issued and directed to th Sheriff of Iredell County, to the end that he may take the persons of the s id children from the defendant and to have them in his care that the judgment hersinafter to be rendered in this cause may be carried out. Tae Leber Va ee c Timm ds. Miles vedden being duly sworn says that the allegations in the foregoing petition and every part theretf is true to h his cwn knowledge except those matters and things stated upon information andbeleif and thesehe beleives to be true Sworn to and subsctibea before me this the lst day of Apr 1901 oo Sib. MMA | hehe Ah? “ / ~ North carolina Iredcll County Miles Redden and wife vs Sallie c# Hm “"Revis. Sheriff of Iredell County; creeting. For the causes Ret forth in the petition of the plai tiff | } Miles pedden, you are hereby commanded to take into your custody and from the custody of Sallie vrevis, the two children named respectively, C&audie Revis and Harvey Revis and them to 2p_in your eyvsetody to the end that you ave .| LY Cae AL, GH “/ LPH £/ Bf CCL na Ll li Bete . ¢ i thembefore me, on the day of April 901, when and wher the legality of their restraint will be inquired into, and| when and whe e the parties may appear. ASL ttt, AY Ae lig / Chief Justice of N.C. April lst 1901 HAT he dae ME Cie, tan Maat va Jit lpp<e A Me he, LPiLe rere CAA He tcten be € Hacc ee ee Lex Ole “eae tL Ope , “9, | Lo : Ufa Ge Lege , Zz feng Ceccrec Bene EO Pra & S ee AEE ee nel yee ener telg CF | shoe es Le £ a SF C vece c oe ZErrg foes LEE Pees Ge PPPS OQ Lote Ea ge ave eta ee, Ca ee EBLE, LEE ges” Spd pee wee a hoe welae So 9-0 fotensnf ae ie = ae z Tee C Ebeawe CAsfEec “ar fe acemx Few B= heya : cf gee Zea a > : Got ee LO Pectek Dray pot ee DAs ip het: alpen eae on Le = ba cat noe (Is lk Fad n~ 3 yg ke X7F eee a Ct i4An Pie wi Che caine f Bag MW Keen 7 Re eee EK. hoe ee Ca OAMOLI We Canto af be “ Guar: pane dp ead c Pee. “7G Lec we (OME leer fir - He's [ale Mla rato > / HO few | [fof | Te KC hee (ce feet—iiese wore Cs fii ba fee MEG North Carolina Before Chief Justice Furches. Iredell County “iles Pedden and wife vs Affidavit of Sallie -~edden. Sallie revis Sallie _edden being duly sworn says, that she and one [ee Revis were married some years ago and from such marriage the two children named in the pettiton we:e born to them. That for a long time the said pevis mistreated this affi- ant and the children; that a separation took place between them and the children were given +o tis affiant. That some time ago, while affiant was moving and getting loeated) in a home with her pre ent husband, the said children were allowed to be with the Father, the said Lee Revis, with the | agreement that they were to be r:-turned to this affiant, that since said time the said Revis declines snd refused to allow affiant to have them. That he moved to Texas some months ago and now his present wife intends to take the said children away from her and deliver them to said Revis who has never allowed them to go to school or have any ad vantages of an education. That affiant «& their Mother sid | interes/ed in their future welfare and knows that they will) ve more properly raised by her than by the Ffather.That if said children are permitted to remain in her custody, they will Wave that care and attention necessry to their proper raising, education and maintenance, but if delivered to the defendant, to be carried to a stange land, she verily beleives they will be mistreated and deprived of the nec- essary influences which alone tend to good citizenship. She prays he Honorable Justice to grant the prayer of the f) ; ft petition. Sworn to. Borie, Redd ivy Lora 4 . Fit Or» on¢ eG. A AK Ie~ Meng a; y Olt 214 @ LG2U~ > Lt Ce Cb p4 CO - re. Cc Ch i l d Cu s t o d y Ki m o n s , El l e n 1 9 0 3 North carolina Iredell County In the matier of Ellen Kinmons, Petition for a writ of habeas corpus, To, Hon Walter H, Neal, wai pas the Superior Court of xor/n caro Vine. Your petitioners L,MHoneycutt and Loula E, Honeycuti respect fully show to your Honor: First, That about eight years ago one Samuel Kimmons and wife died peaving @ young 2nd tander infant about three years of age, without general or testamantary guardian or any property of any kind or discription, That said child Ellen, w2s thrown upon the care of an Uncle, Hugh Kimwons, who not desiring to be responsible for the child or ‘tor its support, and there being Mm other relative of s23id child, gave said child, Ellen, to the Ate nm petitionere, before ,our Honor, saying at the vime that they could have said child, Ellen as their own, That your petitioners received said child, Ellen, into their family as their own child, none having been born to them, ma since said time have treated said child as their om, provided for it in every respect, care) for it, educated it until the mw = ; time hereinafter 40 be mentioned, thao said child We, twelve \ ' years of age, That no trouble or expense has bebn gpared by your 4 petitoners in behalf of said chila@, m4 during D1 these ‘years no one has provedtr done any thing for said child except these, vr your petit ionerse, Second, That while said child, Hllen,was at the home of your petitomers and in their possession and under their authority. and control , to wit, On the 29th day of November 190 3, Hugh Kim.ons, the Uncle aforesaid and the party who delivered the possession of said child io your petitgonere and who did not desire said child when young and ephaay, Harkey and two vo other met» to .our petitioneres unknown,came to the home of your petitioners andby force and fraud, preteding to be officers of ine law, when in truth and fact neither of .hem were officers, forcibly and against The protest of your petitioners and the said child, Ellen, tock said child, Ellen, from the possession of yeas petitioners, in fact tearing her from the arms ofyour feme petitioner, and carried her off to a distant town, where she is now detained against the will of your petit i oners and said child by the said ss Harkey and wife Loula yarkey;. that said ar key and wife are unlawfully peeenoiee the re.urn of said child That said child, Ellen, is imprisoned and restrained of her lib- erty by the said Markey and wife, for the reason that gaid child is claimed to be ithe sister of the said Loula Harkey, and which Lowla Harkey desires the possesssion of he said c“ild to the end that she may earn a living for herself and husband; neither of whom have ever contributed a cent to the suppory, maintenance and education of he said child, but who simply desire her now Abita they think that she will be of service to than Third, That said imprison.ent and restraint of liberty is illegal, for that said child, when it had no one to protect and care for it WAS GW, to the petitioners, with whom she has lived until ‘ Unlawfully, forcibly and fraudulent taken from ih an; that they are entitled to the possession of said child, Fourth, That the legality of said imprisonment and restraint has not been already adjudged upon 9 prior writ of habeas corpus to the knowledge or beleif of yournpetitioners, Wherefore your petitioners pray your honor to grant to chem a writ of habeas corpus to be directed to the Sherirr of cabarrus County, requiring him to bring bevore wour honor the body of said e pita, Elben, with th say 9e od her off? TABO™Y GEE iP ial BET BM Brace \ to your petitoners, OK Slav KOGA Atte Loula Honeycutt being duly sworn says that she is one of Jhe petitoners above, that she has heard the foregoing petition read and that the same and every part thereof is true as of her ow knowledge, except as to those matiers and things stated therein upon informat ion am beleif and as to those amtiers and things she beleives it to be true, Subscribed and sworn to before me Lily op Cb, = ; , , orky 7 this the 9th day of pec 1903, Bro Ah 262) dle. /005 1d CO ws. Ws ply #4 : m es an en Oe ee ae w er * le : apt tain ttaipagaay ROE sane ae oN ' eS ee teat > cogs 3 * sean itis enli Poi = © ost 99 ° Presbyterian Orphans’ Home. Reb. BR W. Boyd, Superintendent. Barium Springs, N. oArartd ps—190 5— / Morr. fZ. Kote, SE rile ME, MA- fi agen ert~ Af? pat I inlet ar Por il VOMR Mm U1- by STEM KA Armfield & Turner, ~ Attorneys at Daw, Stotesuille, North Carolina. ) “ee “7 Ly A font S79 KA fo S— we a hebean Cafe : tees. g tyr tevece toes p-che Yan (Ofori “3 eae “Ltt LK 7>-oCer> | fl 2G ca. f “2 e- feel ni fod a Ley fea oe ao Ca. 2A. oer, Copies nedk a ee meee he Cheb ALA LL 4. BQecrec ay a vei Ce we OX Hee Grreene, Aocmeee ee Armfield & Gurner, Attornens at Daw, Statesville, North Carolina. Memfield & Turner, Attorneps at Daw, Statesville, North Carolina. J, th. reba G Va A rhe Oller Kanna 22 Nabane Copan Bake eee Bens ay offer. tem “ein, , thre, dota Henay wel J Cun teen Crt, Meacn. a. Suctece \J Ane to thctiben. |hai had letting o¢ £htu PS Year Qyn Vovetr.- 06th ber. frorened eid bir Geer Miyt. Lal, ache) ta b Cofa Core og hr. ohn atusys Chan Con gk ad ea cae Ciao ele eee J bere taut fer otiad: Cthaat~ lyn? her Mi (0 Cosccnep pean gn ate cle May om Secccleay fev. 26" Nuyh. Lbdttsern} 0 Movies & % Rey OOK her _ Jr dey hed Changy Atcs Ae ~ thay lanl fer. ra pen red 0 Lraggto her ap _ _ Lita Hawter( 0eeth of Ellen) Lod Muth dna. Diock Cou ag her ¢ork Yang. Che Uff of her oem ny rae es liutel figs - oO ha Sb goad afl adm thy papery Ss tft wats brane the tamiD bf leetsle hee tevie dan J cent) her yy Bey, hed tial. aetecetire ,v Ma bead Ay Aite® let the lee Leb; ~ & 4 len tm sd Lit he opis ental (Mt lita tn? tay frtlend Z. byeBn2,., | BLL “Cd ae: & @ Us wine Gb Cin wen her Sheoole, (tnx Merny ccL\) |; Jaye the hacer don. W. kiln HW. A Mal Heme afeZe Aser| _ | Ace aeegslenig fa her: bys the liye) + Cjet- | Aeect Kew fA citer, athe dela deus 2e~ | heard TL npiute ncny Chita wi mahiceg eacfprdfer fer feacee7 [Sling Jon 8 Heo tro data Kactteg thon facta, thy sw Yoesnsy Asap rece? lated ds kya tia Naw whi, there tyes, Phe Eblo. desnce pus a eel <K [Peden tly tn oe Ae a | | Sud deer Wf die nee fer Lealg ; I \\Mrw. data Ne Fo 3, brocke. Cab, L ' ( pat raraks Os sr Ponta, | Sh wt pict fufar filree - Vly tn. Kh etaut Merl Cet t5r0g0,' VA Gow Wiv0e eat Yemwr ; J Aff Hine letnuee he Wrke2) Ine 6 hp What he tomig & do he bad Hicaleied bth te ltd hy, ell +t She(bro NM) wog teeny ~ Mi, 6 LS Mjcotinea ORere cue. v Ceices “ AW. etaat tlm Fort dey , bofere ~ JAidng y (0) > J bet b bor. Ms Iyronlar, June he G fy wut the t bac unt We; 4 3 ain, Laced): J tft lin, Hi, teal 4 00 ga; 6 al thet Ritile,~ Pre Yen at Br | Kent 2 fo ait ad _accd bee lok 5 wre Were cult A “sle ats ~ _ ter J bad Ue. Eten, heel dX x | elon negt dee G1 ho tuag tu aa) | Shane heed repent of ttn. Ne mproeunae of frrtinig het, | | Merle duneng fs pera? Lath 5 dling Aud Menest wee Ka tug A keehawer 4* Puce | | J Adult a ‘ | Kuta nopertd lig her Creaues Vdc huc wmt & frre rnb 21 be tut Cu ae” Wm zx In / Nene dat dine weeglicey Phuifefpac’ dible hone tisen rkeetion for baberpcdCatisin thea on Blatt, aaa | dog att Nees‘ \K} ‘ ‘ x . fs Vidua net ba dila Uial~ > lang | Leet fo ber. b be. ¢ he ner. ade diy artutatig ged ty eet 8, Meta ot | ftel~ Blur [haan 2 a Z ect stn Gat oe 2-Zxb Mer ead pre. Meme oe FoF Fog ete how bu ee Leo whl ee ee Reo Ont Park Yau} Ceo ieaewnd oe Zee eee von bet - tthe Bees a pic tales O1142..-< “J ~g22wv Lb cofom # Jt tat 9 anv hh ak tay Cage ong Pollan —— | ok, | Poverty 28 ee, DG. Bre Am - 22 aah -& PLE ye ee | Lan eee ee 2 rofl Thiet tthe afat (Clb ane | Crt Fall and Lav great aleck, J fifow. tabbing Ver mm ok | Sn ns yd Sy sZs A. 2 | hth Fie , 2 Mit Where 1) har 1 wern rate | anrek eerie hen A Hhs (tei. k¥ | late neck van ae fo Ta Oorntag, Arik Cirle Ll Ancteet Ge pet He sae pant AD) wet Sf on Or hired 42 2A f ae La Cord ) y) jt Bore ahtl ble i caf Vn Coats I) hn J Livg te fad © \ WM fro. ‘vw ; te nae - : | ae eL~ fo Cen, aoe A fcr aerrmd bfpor mafoenr rn he | 4axwr en. AZZ. fmrig ee ee —— C8 — -- we -eete In the Matter of Ellen Kimmons, Infant. - - ~~ ~~ To Hon.B.F. Long, Judge of the Superior Court of N ~ ~---- orth Carolina. fhe return of A.D.Harkey and wife Lula Harkey to the Writ of Habeas Curpus hereto annexed. In obediance to the writ of habeas corpus hereto annexed, We do hereby certify and return to Hon.B.F.Long,Judge of the Superi- or Court of North Carolinasthat from about the 29th of Nov.1903 and until the time of the service of this writ when the Sheriff t in obedience thereto took possession of said infant EllenKimmons, the respondents A.D.Harkey and wife Lula Harkeyhad the legal cus- tody and control of said childsthat said child is not imprisoned nor illegally restrained of her libertysthat they do,however, look after her interestand exercise due parental control over her 2.That said Lula Harkey wife of A.D.Harkey is entitled to the custody and control of said infant Ellen Kimmons because she is the oBly sister of said infant or the only near relative in this Stategthat said Lula Harkey and said Ellen have two brothers who are nonresidents of this State and who have requested said Lula to take charge of said child and train and educate her.Tfhat in ao- cordance with said request and also the wishes of her two pater nal unclee she sent her husband and her two uncles for said child and that said child has since lived with her and seemed contented.That it is true that said Lula Harkey has contributed mothing toward the support of said child,that she has been unable to do so until recently,having married uma in July 1903 and got-~- ten a home of her own she can now support and send her to sehool. That said petitioners are not entitled to the costodg and con- trol of said infantgthat they are no relation to said Ellen Kémmone and that said Ellen has not been bound or appreticed to the petitioners nor adopted by them,and that no one having any authority to do so has in any way committed the custody of said child to them. That they are not proper persons to rear said childgthat they have woefully neglected her educationgthat although she is about 12 years old she can read but littleand can scarcely write at allgthat they have sent her to school only a few months in the year.That said respondents live in the City of Concord where kim there is a free graded school ten months in the yearsgthat said A.D.Harkey is a young man,able and willing and it is his intene. tion to send her to school and to instruct her at home,he him- self having formerly been a teacher. That said petitioners are poor people and live in the country where the school terme are short and they are unable to send her off to school. That said petitioners are not fit morally to rear said childg that said L.M.Honeyoutt claims to have illegitimate children. That while your respondent Lula Harkey was under his care and controland of the tender age of about ic years,and in the absence of hie wife,the said Honeycutt came up stairs and tried to make your respondent lie in his bed and submit to immoral relations with him, theatening to whip her if she refusedgthat she told the wife of said Homeyoutt of the oocerrence who advised her to leave and in a few days thereafter and at her first oppertunity said affiant left and did not return. That knowing the character of said Honeycutt and his disposition, your affiant Lula Harkey lives in mortal dread that he will carnally know and debauch the said Ellen during her youth and in her innocency. That it is not true that your respondents desire the posses— sion of said child Ellen that she may earn a living for them but’ that they may instruct her, educate her,mwayteach her the value of virtue and morality and abowe all to save her Trom ruin. Wherefore your sespondents ask that said writ be dismissed and that said child remain with your respondents. ane Lula Harkey one of the respondents being duly sworn,says? at the return above made is true to her own knowledge, except ae to those matters stated on information and beléef and as to those she believes it to be true. ) YL O KA Of | / In the matter of EllenKimmons, Infant. To Hon.B.F.Long,Judge of the Superior Court of North Caroli- na. J.Laweon Peck being duly sworn,says: That he was Sheriff of Cabarrus County for four years,from December 1898 to December 19023; that he is well acquainted with the respondent A.D.Harkey who was born and reared within about two miles of affiants;that \ said Harkey is a young man of good common school education,mor- al,temperate and industrioussthat he is competent to rear and care for said infant Ellen Kimmons;that said Harkey has recently married and lives in Coneord@-axCity searcely equalled any where for the morality of its inhabitants-where there is a good free graded school running ten months in the year. The affiant fur- ther says he is not related in any way to the said Harkey. In the matter of Ellen Kimmons-Infent. 4 To Hon.B.F.Long,Judge of the Superior Court of North Carolina. M.B.Stickley being duly sworn,says: That he is a practicing attorney at Concord,N.C.and is Chairman of the Board of Educae: tion of Gabarrus Countysthat he is acquainted with A.D.Harkey, that said Harkey has a good common school educationgthat said Harkey is living in Concord,N.C.and is a young man of good no al character, industrious, intelligent and has the confidence of the people in his community. P09, Stare te ath coven <T A ore were. <4 Due, er Mortara e wang Fan aid of freak Qeak —— e xe. Gack Aetrk Sparing Gou4 Cs oterrxwg Cone G *%. 4 : LutHer T. HarTSELL ATTORNEY aT Law Concorp, N.C. Concord,N.v. December 21, 1903. Hon.W.k.Allen, Goldsboro,N.vu. Dear Judge:- Find enclosed papers in Writ of Habeas Corpus case made returnable before you at Albemarle,N.C. Please make an order by agreement of counsel removing the case before Judge P.D.Walker at Charlotte,N.C.to be heard on Tuesday December 2@th 1903. We thought you would be in Albemarle to spend Christmas. Please send papers direct to Judge Walker. Wishing you a merry Christmas,[ am, fours truly, PP Hoare OFFICE OF ALBERT L. STARR, ATTORNEY AT LAW. MOORESVILLE, N. C. IN THE MAT TER OF ELLE" KIMMONE---Infant. In the above entitled action a writ of Habeas Corpus heving been issued by the undereigned to settle the auertion ae to who was,or is entitled to, the custody of ean infant Ellen Kimmons,the reepondent and wife Lula Harkey, being represented by thetr Att'y L.F.Hartsell and the petitioners by their Att'ys L.C.Caldwell and A.L.ftarr,it is agreed this Ith day of Dec.I908 tha: the ouestion involved in said writ shall b heard by Associate Justice Walker at Charlotte on the Bin day of Dec. ( OT well ot Net PAitpwne Avery Hobbs being duly sworn deposes and says; That he knows the general character of L ,M,Honeycthti and wife and that the same is poo: That he knows the child, Ellen Kimmons and sees her at varioug times, that she is well fed, clothed and taken care of; that she is sent to schol by Mr Honeycutt; that she attends church and Sabbath Scho 1 and has the training of christian people.and affiart ig of the opinion that the best welfare of che said child woulda be her remaining or return to the-hame of Mr and Mrs Honeyeutt who not having nay children of cheir own, appear to beZ@eG6AZZ devoted to said child, Affiant knows that they are amply able to provide for her now and for the future, Sworn to and subscribed before me this the (2. day of nee 1995 A LHebi Tr sete WP V, John Houston, Rufus Houston, Charliehudgpeth,Robert Pool Dr Walter Mott each for himself being duly sworn, deposes and ant says; that he is well acquainted with the characters of Mrs Lonls Honeyatt and her “usnbend, LeMjYoneycut: and hkgs known them for many ,ears, that their t¢haracter is good, Affiant further deposes and s2ys that he wells know that the s2id Honeycutis have for many years had possession of the child the object of this controversy, that they hve taken care of her, scho led her and that they are able to do abundantly for her, and that in their opinion, the best interest md welfare of the said child will be promoted by her return to then, That they have no children of their own, and from personal observation know that said child is well care for, Sworn to and subscribed before me this the (0 of nec 263 Austin xXelly, luff. Hobbs, Logan Turner, Chas. Templeton, Chas Melly, Corner Davidson, Jas Gudzer, beihg duly sworn, cach in Ris orm behelf, denvoses and says that they and cech of them have knomm Itr. L. K. Honeycutt and wife Mrs. Loula E. Honeycutt and that they end cach of them bnow that the characters of the said lir. and Mrs. Honeycutt are good. They and each of them further depose and say that they kmmr and each of them, know of'their ow knowledfe : z . _Bllen, ; Jai that Mr. and Mrs. Honeycutt have sent said child: ,now before your Honor, done so a thor wher to school and have at all times awhen, accessible. They and each of them further depose and say that she has regularly attended Sabb~th School and church and |! / has been brought up in the same careful manner as if she had been their omm child. That she is now about 1° years of age and thet she is eble to read and write as well as the average child of thet ore. Subscribed and sivorn tc before me this [OQ A filly ! ot Koll Foe (0 2 Be Hine Sarria [Charo , Ke A. Bib quribeon LeM,ioneycutt being duly sworn sxys, that he was present about eig*t years ago and heard Hersh ie. ons give Ellen Kimmons, then @ young and tender infant about three years of age to his wife the feme petitioner in the petition for-a writ of habeas corpus That affiant is the tusb2nd of the said feme, that thy have no chtidren of their own blo od, that he has ever been able and wilh ing to provide for, educate and support the said Ellen and he prays the Court to grant unto the petitioners the custody and control of the said child, | That since siad child came into the p ossession and control of .his affiant md his wife that he has never received directly or indirectly any aid or suppo ri f8om any one for said child, but has willingly and checrfully given ef his substance and labors for it and will continue to do so to the best of his ability, That she tall be ‘taken core of, edues ted and raised as a child should be raised, in the fear of God and man, -~ Sworn to and subscribed before me his the (9 day of nec 1903 LM flere ¢ ¢ . Pere =e J SE: Aber ae bes : . | al aa > % ange. 8 POO 08 § gig ‘alin se ewig ann —_——— ot gras om attr ee St ee goto pei i ee 3 +P: neta Se ten > 2 ele, tet mc time I mt Me eee ne op « M.W.White being duly sworn deposes and £ay8, that he knows and hase Known MrsiLule E.Honeycutt for anumber of yee s and knows her to be @ lady of good cheracter, that she stands well in her community and is res ected by 211 who know her. OM Nyt Pln Sworn to edn subscribed before me this LT say of LE eon. yw: J - —-:; mn.X. Henry Y Mott, being duly sworn depores, and: says: Theat he knows Mr.and Mre.L.M.Honeycutt,and thet he kn@wMr. and Mre. Genre Samuel Kimmone in their life time, and kows, the the treatment given their young child Ellen,tre infant now before your Honor,and that he knows the treatment and cere bestowed upon said child Ellen, by Mr. and Mre.L.M. Honeycutt,end that they have at all times treated her,the said Ellen, Con ft. Sworn to and subscribe before me thie the A$ aay see 1008. vee. LR FOE ee Notery Public. Kh, = Ty. sé In tne North Cerolins, Iredell. County. april In re Ellen <immons, t = = To the “ey. %..". Boyd, end jirs, Lula Harkoy:- Ale il Ei iy RY Ke dav gre, 16s, at ryh, Jip You notice or urdey, the 27 ghamners, ‘ a apply to von, ié ary 2, Dry ee o 4 x Stete, to modify thé dex horetigtore ae onl So . = ypee ’ nrocecding, fon a “ Pe a corpus Wy wndoht 4) of. vorth carfhind, apn sites ae ¥. A Hex ryan “pring - ees o ¥/ / & fe, custody gf. eyia Tanor | if, ptKee VOU mer So newiven > Courts to the fe commit ku : i) ° 7 . ~ a ae Ba present gnc a f - de ‘yesist A Os time and XY tuo tg “y her 25, Superintendent of Baerium indersignes oon the ) attorneys, superior Court, LC O. Springs Vrphenage, Will on: oste- Stapesville, Lf o 4 CoP ty .@ Suferiogn Courts’ of said A ‘pthtlea Zuperior wv “30ve hepeas ye CoG 7 ue : y . Ae, 6 netiise “hy jlien “pions 6 ob encodes i a So Es Snore ren said motion, pa g SE IS H PL Y . o e e e fa Be Actin a7ie Une” Hue Ye ce ~ cttxc ener Hart Leciip Gee ce, che Cece cy We Clutandd 0€ Baatatar i Sob. ee, thes, a, ee ee eee | soo ne 1/4 ho Me Ceriher/$03 | enw Ht Be Blow eky, ahle ey nS “hot ra cet Anat t2144- Pie tg amerika oly Lana : en | ty tu “ POO State of North ,arolina Mecklenburg County, In the matter of Ellen Kimmons, f / . Writ of Habeas Corpus, State of North carolina, toJames Harris, Sherif! of cabarrus Count y--- GREETING, We command you that the body of Ellen Kimions, or by whatever name she may be known, in the possession and under the control of Loula Harkey and Huaband detained, together with the day and cause of the detention you have before me, Walter He Neal, One of the sudges ov the Suverior court x Norih parolina, at nh ow Slo/ Luh 1408 i mediately after the rec eipt of this writ a do and neceve all and singular such things as shall then md there be voneldsved in this tehalf, And have you then ad there this writ, le _ Judge Sepp rer 7 : Witness my hasd asliis the Y day of Mec 1903, Hl | | Hi it - North Carolina, In. the Superior Court, Iredell County. April 25, 1905 - In re Mllen Ximmons, To the lev. R. mt Boyd, Superintendent..of Barium Springs Orphenage, énd irs. Lula Harkey ‘- You will take notice: that the undersigned will on Sat- urday, the £7 day of “BR, AROS: aff chghbers, in Statesville, N. C., eZ we “A ar pply. to . Hon. Henry. 2. érysn, uae. of the, Superior Coxrts of said State, ‘toemoaity the order herebotore bade’ inf ey entitled.habeas ‘i 4 ‘ 4, ‘corpus proeedingy in eae 3gn. oe mt “here Maaze of the Superior We . 5 } Courts pe forth oe Songtthng th eu Ae * immoxrs LD Bis a S A Satid 0 er so as to yf A , : ; commit. pSouct stody of ‘said Pore: iuPB . yp dogeFeutt, at which 5 es a time ang piece you may. hejpresent ane i sgid mo r so desire. vt LULA E. TOREYCUT by her eoeaents Ch i l d Cu s t o d y Mi l l s , Pi n k 19 0 7 North Carolina In the Superior Court Iredell County. Pefore the Clerk . In the matter of Pink Mills a minor ,with out estate . To the Ca#erk of the Superior Court of Iredell County: J.T.Nesbit , C.L.Sherrells , R.W.Neill complain and First That Pink Mills is a minor ,that his father left the state of North Carolina about ten or twelve years ago and has never returned that his whereabouts is unknown and it is not Known whether he is living or dead. That the mother of said Pink Mills is an idiot and has been committed to the Iredell County home . Second. That Pink Mills has no property or estate ;that he has been living with his grandfather up untill Feby 23 1907 when his said grandfather died leaving said minor without a home ,and no estate Third, That J.L.Mills is an uncle of said Pink Mills and is the nearest relative so far as the information of your complainants extends . That said Pink Mills is now about 14 years of age Wherefore your complainants pray that you will issue a notice as required by section 184 of the Revisal of 1905 and enquire into the facts and make such disposition of the matter as may in the judgment of the Court be for the best interest of said minor . OS ee, eee AcE ts ge nH ia: promt NS Ny Gi nan tl st lta a eg tt ann crac ATLL A Stn, eet ena t ee Oe a cungiepy a4 wit mull mom WAclk cy A / Ge log OM /1( OG ehwaf Gir He AL, 26°28 G05 | b 7 IY Nor h Carolina ' ~“e _. In the Superior court J Iredell County } ; , Before the Clerk ]} In the matter of-Pink miata- , @minor, without estate. To J.L. Mills: You are hereby notified that a complaint in the above entitled matter has been filed in this Court wherein it is allegdéd that Pink Mills is a minor about 14 years of age, that he has no estate, or propergvy, and the court is asked to hear said matter, and commit said pink wills to an orphanage, or to ‘bind him out, as prowided by law. you will further take notice thakthe said matter will be neardat the office of tne Clerk of the Superior Court of Iredell countyfon Saturday the; ninth day .of March 1907. at 11 o'clock, a.m. . Witness my hand and seal, this the 25th day of Feby. 1907. 47 f : AL, MtLt3 Clerk superdr Court. ¢ pod ~& J ow ~ S * Q) ~ > es tis0oH 10tisqse edt nI antforsd gq 104 W19f[9 ent st0 ted > y : Mined {foberI oo es v E- l v a a r Ai n p Be r g 10 On c t h e r of fi e e tu BP Ce 9 gnialgooo es tact bet itron vdsisn ors woY salff[iIM .JI.U oT ateredw tivo0od att ct belftt need asd retseam bolstitao svods ent at > ops to arsey dL tuods tonim s et affine Anmtd ssdt+ baneL{{s at tt S % teed ot bexas at siyo0oy crit bans .YeISsyo1g 10 ,etstas on asd of tads otf 10 ,9ysnsdqio ss of allfing Aaniq bise Simmoo bre ,1Stisn otae NY eotton oxss rednsist {fiw voy .wasl vd bebivorg as .suo mind baid: eds to AxolD gic Yo sol®to ont tabrisecd 6d: {fiw 1retism bise engivents fe ey: mons 100 {{sbe1I To $1409 ory eCes ae om.8 ,Aoolo'o {If ta Foes eTOCL .vdeW to yab AscS oft eatds itxee D8 busi wu eeoent LW Ses s3S PR otro) rexEeque Atel ‘e i MG ed e Si Ch i l d Cu s t o d y Sh e r r i l l , Mi l d r e d 19 1 7 North Carolina In the Superior Court Iredell County February 5,1917. In the matter of the Custody JUDGHNUEN?T. of Mildred Sherrill. This cause coming on to be heard before me on a Writ of Habeas Corpus issued by his Honor 3B.F. Long, Resident Judge of the Fifteen Judicial District, returnable before: M.H. Justice, Judge Riding the Fifteenth Judicial District at Statesville,,N.C. February 5th,1917, and upon a call of said case, it appearing that it has been agreed between the Petitioner and the Respondent , the Father and Mother, respectively of Mildred Sherrill, that said Child is to be committed to ®HE CHILDREN'S HOR, The Orphanage of the Western North Carolina Conference of the M.E. Church,South, and there to be supported by the Petitioner, Ernest Sherrill, by aaah monthly pegnente as has been agreed upon with said insti- tution. It is therefore considered and adjudged that said infant Mildred Sherrill, be ,and she is hereby committed to #HEB CHILDREN'S HOMER, The Orphanage of the Western North Carolina Conference of the M.B. Church South, until such time as Said Orphanage shall determine under its rules and regula~ tions to keep her, with absolute authority and control over said Mildred Sherrill, It is further ordered and decreed by the Court, that at the times to be assented to by the authorities of said Orphanage the father of said child ,Ernest Sherrill, and the mother of said child,Effie Sherrill may be permitted to visit and asso- ciate with said chil in said Orphanage, 4g neither party having authority tO remove said child therefrom . oc wt = Daw It is further ordered by the Court that this cause be re- tained, to the end that such other and further orders may be made herein as the welfare of the said child may demand. C h i l d C u s t o d y H a b e a s C o r p u s B a r k l e y v s . B a r k l e y 1 9 1 3 No. 102. Subpoena—State.—Printed and for sale by Brady, The Printer, Statesville, N. C. 10-28-’11-2M. COUNT Y—In the Superior Court, . Wou are bereby Commanded to summon. — hen ley beth K f my Pola tn~ Qn Ake. Wwntlnr tLLIN che eae. oe aT (if to be found nm your county), personally to be and appear before his Honor, sig Herein fail not at your peril. Given under my hand this j f To the Clerk of ____ Superior Court : You are hereby directed to summon as witness___on part of the State vs, Solicitor. ju p p u s s o q WN . 4 > — es ZN Cc ee ? S try Z, > 16 ] “w a y No. 102. Subpoena—State.—Printed and for sale by Brady, The Printer, Statesville, N. C. 10-28-’11-2M. TY—lIn the Superior Court, Woy are bereby Commanded to summon. on the part of the Herein fail not at your peril. Given under my hand this..... Zak? al d Solicitor. De f e n d a n t ST A T E SU B P O E N A | es sa l l y Superior Court : Te r m , I9 ] _ _ _ of l al Li l l e 1 7 / j Lf > Hy Vy } + , t- # ~ ° | OF AW N , Ge a f ) Vi t a £ Me 2 p e c t | ‘K M AH O You are hereby directed to summon as witness___on part of the State vs. To the Clerk of a No. 102. Subpoena—State.—Printed and for sale by Brady, The Printer, Statesville, N. C. 10-28-’11-2M. COUN TY—In the Superior Court. The State of Worth Carolina, To the Sheriff of ou are bereby Commanded to senate. - G! Lo a Sevee Were Measesccveecccce asuoscoetssesescessneneescnceeced é. G? To the Clerk of Superior Court : You are hereby directed to summon as witness___on part of the State vs, Solicitor. ju o p u a s o q YV N A O d G N S AL V . L S 16 ] “w 4 a ] a North Carolina Iredell County. To the Honorable B.F.Long Judge of the Superior Court for the Tenth Judicial District of North Carolina: Your petitioner respectfully showeth: l. That he and his wife are living ina state of sep- aration, without being divorced. 3. That Martha Barkley, his said wife , has forcibly taken from the custody of your petitioner his five minor children ,to wit : Ervin Barkley about 13 years old, Stella Barkley about 11 years old, Sondie Barkley about 8 years old, Dollie Barkley about 6 years old and Vivian Barkley about 4 years old. That said Martha Barkley now restrains said children of their liberty. 3. That your petitioner is able and willing to support, care for and ,to the best of his ability,educate said children,and that his said wife is unable to support , carefor or educate said children. Wherefore your petitioner prays that a writ of habeas corpus issue to the end that said children may be brought before Your Honor and their custody be properl inquired into and determined. . # BBL W.G.Barkley after being duly sworn says that the fore- going petition is true of his own knowledge ,except as to those matters and things therein stated on informa- tion and belief and as to those he believes it to be true. Z BE Gti tblhs— ay Bworn to and subscribed Oe the 325th day March 1928. SL ‘ ur kV of Artheity ¢f O Xx A State of North Carolina County. To Martha Barkley- Greeting: We command you,that the bodies of Ervin Barkley, Stella Barkley, Snodie Barkley Dollie Barkley and Vivian Barkley ,being confined and detained in your custody ,as it is alleged ,together with the day and cause of their taking and detention , by whatever name they may be called, you have before me , B.F.Long ., one of the judges of the Superior Court of the State aforesaid ,in the court house in Statesville N.C.,County of Iredell ,on the Z@“Aay of March 1913 to do and receive what shall then and there be consid- ered in behalf of the said Ervin Barkley, Stellar Barkley Sondie Barkley , Dollie Barkley and Vivian Barkley. Witness B.F.Long ., on of the judges of said courts, this the day of March 1912, Ok Lag Judge of the Superior Court for the Tenth Judicial District . North carolina dukif County. To the Sheriff or other lawful officer of Iredell County; Greeting: You are hereby commanded to serve the fore- going wait of habeas corpus upom the above named Martha Barkley Vand to summons such witnesses ag W.G.Barkley and the said Martha Barkley may require, to appear be- fore me at the time and place for the return of the above named writ. Witness B.F.Long ., one of the judges of the said courte for the state aforesaid , this the -(’May of March 1913. fh 4 hag P c & North Curolina Iredell County In the matter of Ervin Barkley and others: Martha Barkley beden@=diebyeOwoTT Says, ON vhom was served a Writ of Habeas Corpus, hereby produces in Court the bodies of Ervin Barkley, stelle Barkley, Snodie Berkley, Dollie Barley, end Vivian Barkley, who are in her custody, as their mothe). And in further answer to said Writ ,she alleges and says: That she is the mother of said children who are minors ,under twenty one years of age, their ages being as follows: Ervin 13, Stella 11, Snodie 9, Dollie 7, and Vivian 4years of age, hat she is and has been caring for them on account of her love end affection for them as their mother; and the further fact that their father, ".G. Barkley, has abandoned affiant and dpove her from the home and has failed and neglected to provide for her and her said children. That there is now pending in the Superior Court of Iredell County an imictment against him for abandonment of his wife, and the non support of the affiant and her ehildren; that said G.”. Barkeley and affiant were married about twenty five yeurs ago; and that there was born to them from their union twelve children ; and that eleven are now living, the youngest being en infent under twelve months of age That sometime about the first of December,1912, her husband @.W. Barkley, while she was then laving in their home, told the affiant to leave his home; that he would not permit her to build another fire in his cook stove, and for her to get another place and go to it; that on or about the 14th day of December,1912, he began locking up all the pro- Wisions that were in the house, and denied affiant food from t 4 his:table, and ever since said time has persistently refused / / + - and neglected to provide Snood food and shelter for the affiant. Thet in addition to driving the affiant from the home ,ho has frequently abused her; threatened her live, saying that he would kill her, and would rub his fist against her head, and would rut fire on her feet and do other inhuman acts, in order to intimidete her und force her to leave the home. That by reason of his cruel and barbrous treatement she did leave his home, end has been endeavoring ever since to provide for her- self and her children. That she is now living on Marehal Long's place, end that with the-assi stance of the children that are uble to work, she is able to care and provide for them, and to keep them in a much better condition as to their health, morals end education than her husband G.™. Barkley. That he has never shown an intcrest in the education of the children, the proper clothing and the feeding of them, nor set before them the example of a father, along the lines of - morelity and upright living. (het he is adicted to drink, and 4s frequently under its influence; that he is not indus- trious, and tries to live off the fruite and labor of his children; that he is cruel and inhumane to the children; working them in the field, and beats them with sticks, hammers and lamps that are lighted, or anything that mey be noeer at hand. That in affiant's opinion he is not worthy to care and provide for the children; that he will not educate them, send them to Sunday School , or Church or provide suitable clothing and food for them, and otherwise negledts them; that it is the desire upon all the children, both young and old that they live with their mother; that they are unwilling to live with their father , on account os his oruel and inhumane treatment; That he is a men of some property, owns about'-seven acres of land in the Northern part ef Iredell County; two mules, two work steers and some other personal property. That he is ‘ able to work himself, and if he would ect the part of a good citizen, husband and father, with the assistance of the affient and children, a reasonable living could be made for all. | That affiant is in good health, industrious and with the as- sistance of the children is better able to provide for them than the said '.G. Barkley. WHEREFORE, she asks that she be allowed to retain the of all these children, and for such other end further as the Court may see proper to give her. M. %. Barkley being duly sworn, says, that the foregoing ie true of her own knowledge, except as to those matters. and things, stated therein upon informition and belief, end as to those she believes it to be true. Sworn to and subscribed before me a@¢ this the Pfday of Mle 9s. / Ya frteorrnn 5 5 Ww ee oe ohne me AS pate 7 <3 in, Ls ch tn oe ts Mag owt FO Wath ww sy fo A ge a ek aw. re ae ae Cn. SG'3 a wo Lo oo Lae plo ves wc off AK P—— ” NO Gants Ch i l d Cu s t o d y Ha b e a s Co r p u s Sh e r r i l l vs . Sh e r r i l l 19 1 7 all SUMMONS FOR RELIEF.—Judge.—Printed and for sale by Brady Printing Company, Statesville, N. C. Iredell County—In the Superior Court. AGAINST Bffie Sherrill oe SUMMONS FOR RELIEF. State of North Garolina. To the Sheriff of _ Iredell County—GREETING : the defendant__ above named, if. &h@be found within your County, to be and appear before the Judge of our Superior ‘Court, at a'Court to be held for the County of at the’Court House in Statesvilleon the-LlthMonday after the.__.8% Monday of March : the same being the-&L__-day of 191.7__,.and answer. the complaint, a copy, of which will be deposited in the office of the Clerk of the Superior Court for said County, within the. first three days of said Term, and let said Defendant take notice if__.she -@ebgfefail to answer to the said complaint within that time, the plaintiff will apply to the Court for the relief demanded in the com- plaint. Hereof fail not, and of this summons make due return. 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North Carolina In the Superior Court Iredell County Ernest Sherrill Save PRTICION BY PARENT FOR Effie Sherrill CUSTODY OF CHILD. fo the Honorable B.F.Long, Judge of the Superior Court Resident of the Fifteenth Judicial District ,at Statesville, North Carolina . Your Petitioner respectfully showeth: ist: That on or about the 26th day of Januzry,1911, he and the respondent intermarried, and lived together as man and wife, and there was born to thema daughter ,now four years of afe. 2nd: That on the day of August,1913, because of domestic infelicity- the petitioner separated from the resoondent, and thereafter his respondent ,on or about the 25th day of March,1914, brought an action in Iredell Superior Court, for a divorce 4 mensa et thoro, and obtained Judgment in said Court,- which judgment is as follows: "Mis cause coming on to be heard at this term and being heard before His Honor W.F. Harding,and a Jury, and the Jury having answered the issues submitted to them as set out in the record in favor of the plaintiff: It ie, tHererore, ordered,considered and ad judged: lst. That the plaintiff be given a divorce a mensa et thoro from defendant. end: That the plaintiff be awarded the custody of the child of the marriage.” W.F. Harding, wre Judge Presiding.” «a Srde That under said judgment the plaintiff, respondent, was decreed the possession of the girl child aforesaid and ‘has her now, under her control and in her custody. 4th: That in the home where the respondent lives and where said child is kept and being reared- a sister of the respondent lives, who is of unchaste character,the mother of a bastard child, and, whose present life is one of ill repute and con- tinues of illicit intercourse with men. That respondent since her divorce from your petitioner, and with whom petitioner has had no intercourse= has given birth to a bastard child, and as he is informed and believes submits her person to men in illicit acts of intercouse at all and such times as oppor- tunity and inclination suggests. 5th: That the conduct of the respondent is such as to render her an improper person to have the care, custody, and control of the child born in lawful wedlock. 6th: That petitioner has requested and demanded the body of said child, to the end, that it might be taken from such influences and be given to the mother of Petitioner, who is an honourable,chaste and pure womin, where it will be surrounded with Christian influemce, and where the petitioners can support and maintain it, or be placed in the Children's Home at Winston - Salem- where petitioner had secured a home for it, and arranged for its support and training~ all of vhich requests and demands have been denied, and said child with-held from the custody of the petitioner - and deprived of its liberty and rights to surroundings would be to its best interestea. 7th: That petitioners has a paying profession, that of elec- trician- can and does command wages sufficient and ample to enable him to support and educate said child, and that he is willing to support and maintain said child, either in the home of his mother, or at the Orphanage above named. 8th: That respondent ,is not, and cannot be able, to support and maintain said child herself and other child by her labors, nor to control the surroundings, where said child is. WHEREFORE, petitioner prays that a Writ of Habeas Corpus issue to the end that the chila may be brought before Your Honor and its custody properly determined. ~ ounse or titioner. Ernest Sherrill, being duly sworn,deposes and says, That he has read the foregoigg petition, that the same is true of his ovn knowledge, except as to the matters and things stated therein upon information ana belief, and as to those he believes it to be true. Sworn to and subscribed before me, this the a day Of -<===-523-,1917,. \ ~} . Guane Dr: KC North Carolina In the Superior Court Iredell County Ernest Sherrill aemV9n— Rffie Sherrill fo M.P.Alexander,Sheriff of Iredell County: You are commanded forthwith to produce the body of the girl child, by whatsoever nime she may be called, now in the custody of Bygie Sherrill and detsxined by her, so that you have her before Hon.M.H.Justice, Judge of the Superior Court of the State of North Carolina,riding the Fifteenth District, at the Court House in the City of Statesville, County of Iredell, on Monday,February 5th,1917, at 11 o* clock AeM.e to do and receive all and singular such things, as shall be then and there considered and decreed, and have you then and there Bffie Sherrill ,the mother of the said Child,to the end that she may be intelligently made aware of the matters and things under investigation by the Court, and of this Writ make due return. 0 This the 2nd day of Bebruary,1917. L. v Judge of Sag