Decorah public opinion. (Decorah, Winneshiek County [Iowa]) 1895-1928, 1897-03-30
MRS. KELLY GETS THE BOY
So Judge A. N. HObsOn Decreed
Saturday Morning.
DIR. SIMMONS MUST PAY COSTS
A Case of Unusual Interest to the
People of Decorah, Tried Before
A Crowded Court Room.

case is watched with more general
mented upon as the one tried before
the adjourned session of the district
court during the past week. The con-
testing parties are both well known in
Decorah, and were constantly repre-
sented during the course of the trial.
Mrs. Kelley has been resident of this
city in The neighborhood of thirty
years, and DR.. w. HI. Simmons has
been an ardent church worker and
president of the Y. M. c. A. hele, so
that since the trouble leading up to this
case became known, it has been sub
ject of universal comment.
A brief synopsis of the circumstances
surrounding the difficulties is as follows:
Since the death of Mrs. Jenny Kelley
Simmons her husband, DR.. w. III. SIM
mons, and son, Ralph Simmons, have
been living with Mrs. Simmons moth
er, Mrs. Kelley, at her home in West
Decorah. On March 9Th some trouble
arose in regard to the child and DIR.
Simmons taking it went to the home
of aGeighbor, the next day going with
the child to Viola, Wisconsin, where
it was left in the custody of DR.. SIM
mons parents. Previous to this the
doctor had been arrested for assault and
battery, also had been served with no
tice that habeas corpus proceedings
had been filed against him. On March
11th he was tried on the charge of as
sault and battery before Justice r. f.
Gibson and discharged. The hearing
on the habeas corpus case was held be-
fore Judge Hobson on Monday, March
22d, the Judge finding him guilty OF
contemptin refusing to obey the order of
the court and ordered him confined IN
the county Jail until the child was pro-
duCed in open court. Last Wednesday
morning the child arrived and the case
to determine who should have the GUS
tody of it proceeded. 1t was warmly
contested, and occupied the time until
Friday evening. The main feature of
interest not brought out in the former
cases was the endeavor to prove that
the character of Mrs. Kelley was inn
moral, which failed, as will be seen by
the decision of the Judge.
AT 1890 o'clock Saturday morning
Judge Hobson began to render his
opinion which is condensed in sub
stance as follows: He said that there
seems to be considerable feeling i'm the
case, which of course could not be
avoided; that he had heard the counsel
on both sides speak and thought it pro-
per to give his point of view. He had
been acquainted with the doctor five or
six years and had always had the high
est respect and regard for him, conse-
quently his view was unprejudiced.
He had not known Mrs. Kelley before
the trial but she had the appearance of
lady. He then said that the laws of
Iowa governing such case were liber-
al, and that neither parent had an alb
solute right to give away their child.
So far as he was concerned he was pro-
babiy as indifferent as any person one
could find. Any impression made up
on his mind had arisen during the trial.
He then recited the different points i'm
the testimony, dwelling at length upon
the charge of Immoral character against
Mrs. Kelley. He said that he believed
thai if the doctor had been suggested
of the immoral character of his mother
in-law before March 5th, he would
have resented it; if he had been more
discreet the quarrels would not have
been had, and if the quarrel had not
happened Mrs. Kelley would still have
the care of the child and he would now
be living with her. The incidents of
last September were simply suspicious,
"and the circumstances are such that
1 place no weight on what the doctor
said. In regard:to the charge of Octo-
ber 9Th, the doctor shows a most inop-
perfume date and circumstances for the
occurrence of such things. 1t
is too big story for me to believe and
do not believe it. L don't believe DIR.
Simmons believes it. 1t is utterly un-
worthy of belief. He has been guilty
of willful and corrupt perjury" He
said that witnesses from all parts of
Decorah had established her moral
character beyond any sort of controver-
sy, and decreed that the child be turned
over to Mrs. Kelley and that she have
the custody and control OF it for the
present and until the circumstances of
the parties make change proper: that
all the costs he assessed against DIR.
Simmons and that Mrs. Simmons de-
liver the child to Mrs. Kelley forth
with. In case ofan appeal the bond