Dallas Morning News
28 September 1897

Interesting Habeas Corpus Case

Sherman, Tex., Sept 27 - A very interesting case was heard before County Judge Wood tonight upon a writ of habeas corpus.  G.B.R. Smith, who recently moved to this city, is the legally appointed guardian of two minors, George H. and Samuel R. Smith, children of his deceased brother.  They have been living with their grandparents, George T. and Ann Duke, who live in the town of Howe.  Mr. Smith desired to place the boys, aged respectively 14 and 11 years, in school here.  The grandparents would not consent to give them up and the children rather took sides with their grandparents.  The courtroom was crowded with partisans of either side when the grandparents brought the children into the court tonight to show cause why they had not delivered the minors to their legally constituted guardian.
The fight was strictly upon the law touching upon the case.  The eldest minor having attained the age of 14 years, has filed application for the appointment of S.C. Henderson as guardian, vice G.W.B. Smith, the one given him by the county court just after the death of his father and mother.
The court remanded the younger minor, Samuel R. Smith, to the custody of the guardian.  The elder minor, George H. Smith, will remain with his grandparents, Mr. and Mrs. Duke, until the settlement of his application for a guardian.