Ada-Payette County ID Archives History .....AN UNPLEASANT SCENE IN THE COURT February 8, 1873
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Christine Storey chrissy_7@q.com March 2, 2010, 10:17 pm

     On Thursday afternoon a mother and a father, and five pretty children, 
between three and twelve years, applied before Chief Justice Noggle to 
determine whether the mother or father should be entitled to the possession of 
the children.  The parties were H. P. Ray and wife, of the Payette. As near as 
we could learn the circumstances, they are as follows; In consequence of some 
difficulty, Mrs. Ray came up to town several days ago, and procured a warrant 
of arrest, charging Ray with assault and battery, upon which Ray was arrested 
and brought to town. As soon as Ray arrived, Mrs. Ray, through the aid of a 
friend, procured a team and started about 12 o'clock at night and went to their 
house on the Payette, and got the children and brought them to town, stopping 
at Hart's Exchange. As Mrs. Ray did not appear to prosecute Ray for the assault 
and battery, he was discharged; but a suit for divorce had been commenced in 
the mean time, the papers were served at a time of his discharge. He then 
served a writ of habeas corpus for the possesion of the children. Curiosity led 
quite a crowd into the court room, and the scene was more affecting then the 
querulous minds of the spectators had anticipated. Five bright, pretty children 
of tender age, neatly dressed, clinging close to the side of their mother, some 
of them with sobs and tears at the thought of parting, is far more a scene of 
pity than one of curiosity. The court ordered the four oldest into the custody 
of the father, but left the youngest with Mrs. Ray. Two of the children, we 
understand, were ready to go with the father, but two clung to the mother, and 
parted only when compelled to do so. We know nothing of the difficulty between 
the parents, and would not venture an opinion. It is one of those unfortunate 
circumstances where the children form an interesting feature in the drama, and 
are not unfrequently the greatest sufferers.

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