CUSTODY OF GHILD Emelie Polini Unsuccessful SYDNEY, Today. Mrs. Ellis, better known as Miss; Emelie Polini, the actress, has failed in her application for the custody of her two-year-old child, Patricia Marie Ellis, who will remain in the care of the father. Mr. Justice Harvey, delivering judg- ment today, said that in his opinion a child of such tender years would be bet ter off at its present home at Chatswood than if it were taken to England, America, and back to Australia. . A home-life would be better than two years of travel for the child, and he believed that Mrs. Ellis thought so, too. The refusal. of the application, added Mr. Justice Harvey, was entirely with out prejudice to any subsequent appli- cation which Mrs. Ellis might make at a future date. There was no breath of suspicion against the character of the wife, and the worst that could be said of the husband was that since his mar- riage he had shown a decided weakness of character. His Honor's opinion was that Mrs. Ellis cared too much for her stage work to make domestic life a happy one.