Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1900-08-22
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Mrs. Kitty Bonebright Resorts to
Habeas Corpus to Secure Posses.
sion Of Her Daughter.
Child Was Legally Adopted by Mr..
and Mrs. Samuel Smith, Who
Will Fight For It.
Paul Radloff Says His Wife Put
Poison in His Coffee and He
Wants q Divorce.

All interesting Controversy over the
possession of child has been carried
to the courts, the parties to the suit be-
ing the mother, Mrs. Kitty l.. Bone
bright, and the parents by adoption,
Mr.. and Mrs. Samuel n. Smith. The
child, who is designated in the various
legal documents both as Myrtle Irene
Bonebright and Florence Mabel Bone
bright, was today placed in charge of
the mother, under a writ of habeas cor
pus issued by Judge Caswell. Il
Mrs. Bonebright is resident Of this
city at present. but has previously re-
sided at Webster City and STATE Center.
She is divorced from her husband and
was given the custody of four minor
children. The younger child. a daugh-
ter between and 4 years of age, was
legally adopted by Mr.. and Mrs Sam
uel II. Smith, who reside on a farm four
miles north of the city and who are
people highly respected. The little girl
was treated by them as II ii was their
own offspring, and was received In the
family with affection.
Late Tuesday afternoon the mother,
Mrs. Bonebright, filed a petition in the
district court to have the adoption
set aside She alleges that the ar
ticles Of adoption are Void, because;
agreed to under false representation
made to her by the foster parents. in
that they claimed to be wealthy, where
as it has developed that they are not.
She further alleges that Mrs. Smith has
fundamentally and without cause pun
ished the child; that she was at one.
time surrendered to her aunt, Mrs. F.
L. Meeks, but was afterwards secured.
by fraud and stealth before new papers
could be made out.
Judge Caswell, on hearing the petit.
ton, granted a writ of i.hbeas corpus,
and Tuesday evening Sheriff and Mrs.
Shoemaker drove to the Smith home
and secured the little girl. He says the
scene when he took the child away,
from its foster parents was very at
fecting, and that Myrtle, or Mabel, as
the child is. known, cried bitterly. The
sheriff insisted on the mother furnish
ing sufficient bond for her appearance
at the hearing on the writ, which was
set for 10 o'clock Thursday morning.
The bond was not Forthcoming until
this morning. and in the meantime the
sheriff retained the custody of the girl.
i Mr.. and Mrs. Smith were in the city
today making plans for contrasting the
claims Of Mrs Bonebright. They deny
emphatically the allegations made by
the mother in her petition. They We're
formerly residents Of this city for a
number of years.
THE CASE SETTLED.
Late this afternoon the parties in in
terest, With their attorneys, reached an
agreement and settled the controversy
out of court, Mr.. and Mrs. Smith con-
Guiding to give up the child rather than
risk trouble in the future, after they
had raised it as their own, Mrs Bone
bright. the mother, agreed To reimburse
Mr.. and Mrs. Smith for their actual ex-
penditures in caring for the little one.
OTHER COURT MATTERS.
Paul Radloff, OF LeGrand township,
the defendant in the suit for racing on
the public highways. is the plaintiff in
an action for divorce. Radloff alleges
shat his wife. Anna Radloff, has been
guilty Of cruel and inhuman treatment
and has threatened 10 kill him: that on
Oct. II she attempted to take his life
by placing posonin his coffee. He says
they we're married in 1896 at Cedar
Rapids, and have one child. daughter
n year old, the custody of which he
asks.
Emmett SwearingeI has brought suit
against u. Mckinnan to recover 500 as
commission for the sale of farm of
100 acres in Bangor township.
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