The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1901-02-22
COURT DENIES WRIT
Father Brings Habeas Corpus
Proceeding 10 Secure Child.
BEFORE JUDGE WILSON
Testimony Shows Very Pecu-
liar State Of Affairs.

I
12-year-old boy upon petition brought
by the father. The case attracted Il ore
Witnesses and spectators to the court
room than have been there in many
months. The hearing Of the case was re-
pIete with pathetic incidents and more
than once the eyes OF the principals and
those Of the spectators were dlmmed With
tears. The center Of attraction was a
nedium-sized boy OF u. pleasing IL ap-
/ pearance and bright, who turned his eye
upon each witness in turn, as though
making a study Of their character and
/ then wistfully looked from father 70
mother. as though he would say. won't
( you make Up FOR my sake? But the
/ hearts Of the parents apparently were
/ NOT touched BY this silent pleading and
when they took the stand TO testify their
t evidence all too plainly displayed the
/ feeling Of resentment that they Cherish
/ in their hearts against each other.
Witnesses Tell sad stores.
( In all some eighteen witnesses appeared
and were examined. Their evidence was
mainly along the same line They told
Z
/ bauchery; Of a mother staggering along
! the streets under the influence Of the wine
cup; Of father VINO on more than one
( occasion could not reach his own door
because Of his intoxicated condition with
out the assistance Of some good samari-
tan who saw him safely home: Of a
woman forgetful Of her sacred marital
vows, and Of a man called a Gather. =
who by his own tatement acknowl dyed
that he had knowingly admitted to his
home and TO the presence Of his innocent
boy. women Of lewd character.
Yet with all this, when the little fellow
was placed upon the stand to testify, ne
said that his mamma" had never in
stllled into his head any bitter feelings
against his papa, and he was believed.
When questioned by the plaintiffs attor-
ney as to with whom ne would rather
live he said. amid 2 profusiyn Of tears.
Let me stay with mamma. but let papa
come to see ms very often"
The career Of Mrs. Belle Saunders has
been a meteorfc one. When IS years old
she married the man from whom she IS
now seeking a divorce for the second
time. He is a teamster and hauis for
several wholesale houses. It was MT long
after their marriage that she found she
alleges. that her husband had a wife Iiv-
ing from whom he had never been d.
vorced. Saunders was reDroached for de-
ceiving the girl by her parents and he
finally consented to obtain a divorce from
his first wife and re-marry their daugh-
ter. This was finally done ana the two
lived in harmony until one day the dis
turber entered oyer their threshold and
then there wer constant scenes until the
matter was settled in the divorce court.
Tn Two, however. must have entertained
an affection for each other. and after due
consideration Of thair mutual wrongs
they consented 10 kiss and make uD"
and begin life anew. A baby was born
TO add to the happiness Of the two.
Their Lives Not Peaceful.
Though there were occasional storms
;hey were not Of any serious consequence
and every thing went well for few years.
one day 1Irs. Saunders asserts. her hus-
band came home drunk and began TO
abuse her. On another occasion. accord
ing To her testimony, he beat her. This
ir treatment she said soon became more
frequent. and she was finally compelled
% seek refuge from his abuse with her
child ana sch then returned to the home
OF her people. Here she remained for
several months until finally her husband
promised 70 DO better and pleaded that
they again I've together. at least for the
sake az theft little boy. The mother con-
scented. But peace for great time was
not intended for htem since nearly two
months ago 3Irs Saunders fled a petition
for divorce in the district court and oh-
tanned from Judge Dale an orNar grant
ing her possession ~ the child at least
until the matter was finally disposed Of
at the hearing Of the divorce nr1esed-
iEEs The father. after the fling III the
petition for divorce made app .icati5a in
the probate cJurt flr writ III 81 5eas
corpus t. obtain poss iln oE the child
Tire hearing Of The habsas corpus had
been set number Of tlnes but in
vsriably one or other 81 The principals To
the suit could not make their appearance
for some reason or other. Julga Wilson
announced week aga chat the case
world again De called February 81. and
issued an order for AL OF the Witnesses
II appear Accordingly at O'Clock yes
tertay aI assembled III The .r351-a court
and the case was soon in progress The
testimony was Of such a character that
had Il not been absolutely necessary fer
IRE ends e. justice, it must certaialy
have been excluded
Adams opens Argument.
The customary hour for the u-t % al
tourn had aearly arrived when john
ADAMS os Adams s. Adams began tee
opening argument f7r INK r'ai0aT. e
reviewed the evidence IS g. ha6 been pre-