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Wednesday, August 30, 2023

Rev. and Mrs. Clegg Dispute Custody of Three Children in State Supreme Court, Aug. 30, 1923

The Case of Clegg vs. Clegg Furnished Great Flow of Eloquence in Court

Raleigh, Aug. 29—Judicial temperament is a great thing, and the Supreme Court of North Carolina has it. And with judicial temperatment a vast store of patience. That was proved today when the case of Clegg v. Clegg from Robeson came up for argument. In spite of the fact that there were some of the ablest lawyers of the section presenting the matter, it was a day of jury speeches instead of a calm, dispassionate inquiry into what might be the law. Eloquence rampant filled every nook and cranny of the courtroom.

There were speeches by Dickson McLean of McLean, Varser, McLean and Stacy of Lumberton for Mrs. Annie McI. Clegg and by Bob Lawrence of McIntyre, Lawrence & Proctor of Lumberton and H.F. Seawell of Carthage for Isaac Newton Clegg and the respective rights of their clients to the custody of three of four children. Mrs. Clegg does not dispute her husband’s title to Isaac Newton Jr. but wants two girls aged 10 and 7 and a boy of 5.

Judge Devin in superior court split the custody of three younger children 50-50, six months with one parent and six with the other. This pleased neither and both appealed.

Mrs. Clegg alleges all sorts of cruelty and abuse culminating in a visit from eight hooded men, alleged to have been brother Ku Klux of Rev. Clegg, who tried to give her a letter advising her as to her personal conduct. Clegg denies any knowledge of the callers’ intentions, but it appears to have admitted that he did call his wife, partially disrobed, downstairs to greet the masked visitors.

H.E. Stacy, brother of Justice W.P. Stacy of the court, rang the changes on this, denouncing the sort of person who would through fear or ignorance ask his wife to talk to such callers.

The preacher is, of course, claiming that his wife is not the proper sort of mother to care for children.

From the front page of The Durham Morning Herald, Thursday, Aug. 30, 1923

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