Ottumwa semi-weekly courier. [volume] (Ottumwa, Iowa) 1899-1903, 1900-06-07
FIGHT FOR A CHILD.
Legal Battle in Progress This After
noon at Court House.
CASE WAS COMMENCED LAST EVENING
Mr.. and Mrs. Cyrus Armstrong Institute
Legal Proceedings to Obtain Custody
of Their Grandson Now in Pos.
session of Hts Father.


of Their Grandson Now in Pos.
session of Hts Father.
A legal battle over the possession of
a child is in progress this afternoon in
the supervisors room at the court
house before Judge NJ. A. Roberts, and
is the outcome of an alleged kidnap-
ping case commenced and subsequently
dismissed in Squire Billiards. court
against Claude E. Warren, son of ex-.
County Treasurer w. r.. Warren. Late
this afternoon the evidence had not all
been heard and after that will come
the argument of the lawyers. It will
probably be some time tomorrow be-
fore the custody of the infant will be
determined. 1870
Last Saturday Claude Warren went
to the home of his deceased wife's pa!
rents and, it is alleged, took forcible
possession of his son, Cyrus, now 90
months of age, who was in the custo-
dy of his grandparents, Mr.. and Mrs.
Cyrus Armstrong, who reside OH Clar-
ence street, near Summit. It is al!
legged that he boarded Milwaukee
train bound for Forbush, the home of
his parents, with the child in his pos
session. A warrant was issued from
Squire Billiards. court for his arrest on
the charge of kidnapping. Constable
Campbell went after him and brought
him tosthis. city. He. engaged counsel
and fought the case on the grounds
that the grandparents were not the
frvpa r./1io Of he nd ho&
articles of adoption had never been
signed or. recorded. The case was dis
missed and the grandparents immedi-
ately consulted Attorney w. w. Epps.
A petition, was, made out addressed to;
Judge M. A. Roberts asking for a writ
of 3habeas corpus and alleging that the
Child was wrongful restrained of its
Idiberty. esFk ~. - syss. 4, ,.g..,5. iss ~.
| :. Stock & Smith, attorneys for the de-
fendant,i Claude E. Warren, say that a
short time before the death of the mo-
ther' of said child, she expressed de-
sire orally that her mother, Mrs. Mar
garet, Armstrong, should have the care
Of said child; that its mother, Mrs Eff
ffe Warren, ,at3 the time i41as on Her
death bed and this defendant, out of
Difference to- her condition, refrained
from expressing his true desire in the
matter. Defendant says that his wife
died January %, 1900, and said child
has been with its grandparents ever
since, Notwithstanding his wishes and
desire that it's custody be turned over
to him. He further says that the Arm
strongs are affected with pulmonary
trouble and that it is not conducive to
the good health of the child to let it
remain. He further says that after de-
manding the possession of said child
that he took it shortly before 2 o'clock
last Saturday and boarded a train
bound for Forbush, where he delivered
it into the custody of his parents, who
have expressed a wish to adopt it as
their own; that they are respectable
people and we'll able Ito care for. it,
The Y defendant bjectsstGstt he 'juris-
direction OF Judge MIA Roberts, and.
saysithatp the case should have been
Brought before II on.p IT, M.-Fee, who
was theIijudgef nearest. to Forbush; in
/ Appan oosei county. 2i'ss esfs[f:3ssssl Y s
sllnLf .Amendmnnt TO Petition j ~,
aTbeT plaintiffs in their amendment
to their petition for writ OF l1abeas
EqorpaIs, say that Claude Warren has no
fixed place 4of. residence in any other
Ecountyhin Iowa, except a migratory
Eone sinpl Wapello county, and has no
tfxed. occupation or home known to, the
Eplaintiff +. Therefore, they say, the. jur-
fisdictionsot Judge Roberts is, absolute.
/ ..,ss..s The Plaintiffs, Reply. .@ ,ls
i The plaintiffs attorneys, ,Steck &
Isnaith ,6in their reply say that. they
Edeny that the Armstrong family is
l.afflicted with any. pulmonary trouble;
Ilthat the cause of death1ofs the mother
lyof. the child did; not originate from
|any hereditary trouble, but was super
.Iindueed and brought; about from ex-
'|iposure and want of proper care after
Eher confinement. They say She was a
llstrong, healthy girl. until after her
marriage with the defendant, Claude
IE. Warren; that the defendant neglect
led her and refused to provide a com
Portable and proper home for her and
NEGLECTED and, refused to care for her.
They further say that Mrs. Margaret
1 Armstrong is a strong, healthy woman
! and free from any pulmonary com
Y plaint; that the. Armstrong; are great
Ily attached to said child and will pro-
4 vide for it and educate it. They fur
4 Their say that the father has not con-
tributed to it's support in any way;
!. that he has no home of his own, has
no occupation and is living shiftless,
q migratory life; that he has no proper
ty and nothing on which to maintain
the child and say that mis- moral in
4 huence over it would not be good
Plaintiff denies that defendant has
any right to adopt the child to his
father and mother or anyone else.
So far as the pleadings go the case
stands in just this shape, but the evi.
dence is bringing to light the fact that
the grandparents on both sides of the
house desire the custody of the child
J for various reasons. Late this after.
noon the defense was still introducing
Ievidence and it looks as tho the case
would not be finished until some time
tomorrow.
A telenhone system is being installed