Matter of Application of Bell
Opinion
Lead Opinion
James, J.
Habeas corpus brought by Jesse M. Bell fc$ the purpose of obtaining the custody of Eileen Bell, a female child of the age of eight years and the daughter of petitioner and his deceased wife. Petitioner and the mother of the child were separated when the little girl was about the age of six months, the wife complaining of the conduct of the husband. The child and her mother thereafter for a time lived with the parents of Mrs. Bell, and in 1909 the wife brought an action against the petitioner to secure a decree of divorce, alleging as ground therefor the cruel conduct of the husband. No answer was filed in this action and a decree followed granting the divorce and giving the custody of the minor child to the mother. Petitioner here subsequent to the entry of decree of divorce, and up to the date of the death of the mother of the child, paid the sum of ten dollars per month for the support of his offspring. The mother died in the year 1913, the little girl then being of the age of six years. The latter, after the death of the mother, was taken into the charge of Mrs. Hugh I. Krause, a sister of Mrs. Bell, and has since lived with Mrs. Krause and her husband and has been treated as…