The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1901-03-23
FIGHT FOR CHILD
Mother and Father Engage in
Contest for Boy.
SAUNDERS CASE UP AGAIN
Application for Writ of HabeaS
Corpus Denied.
CASE UP AGAIN

Mother and father, fighting over their
12-year-old oy, was the spectacle that
greeted those who were at the court
house yesterday noon. Not content with
fighting through law, they continue their
struggle for the boy in the corridors of
the court house and on North Main
street, and it is a mystery which did at
last succeed in capturing the unlucky
boy.
The Saunders case was up in the pro-
bate court again yesterday, and again
the troubles of that family were aired TO
the curious public 1t was the same old
fight for the possession of Roy, the p
year-old son, but with more sensational
developments.
1t will be remembered that Mrs Isa-
belle Saunders filed a suit for divorce in
the district court Oanuary II, 1901, against
her husband o. S. Saunders. She al
legged in her petition, among other things,
that her husband had cruelty treated her
and, claiming that he was unfit to take
care of their only child, Roy. She asked
the court TO issue an injunction restrain
in CHIN from visiting her home and in
terfering with Der in the care and pos
session Of the child. She also asked the
court to allow her the unmolested posses
her. The court issued the injunction
prayed for on the day of the filing Of the
suit Then. o. S. Saunders, in order to
get possession of the child, made appli-
cation for a writ Of habeas corpus for
him in the probate court, making serious
charges against Mrs. Saunders and al
leging that she was unfit to care for
him.
Probate Judge Wilson heard the case
several weeks ago. The hearing con-
sumed the entire day, the evidence in
troduced being detrimental to both the
husband and wife. At the conclusion Of
the trial Judge Wilson, after expressing
himself quite freely to each of the in
terested parties, refused to inetrfere with
the order of the district court, in which
Mrs. Saunders was given possession of
the child. Both parties then left the
court orom and it was thought that the
matter would rest peaceably until the
divorce case was finally settled in the
district court.
This was not the case, however as
about a week ago Mrs. Saunders appear
ed before Judge lson in the probate
court and made application for writ of
habeas corpus for the boy, claiming that
her husband had kidnapped him ana
would not give him up.
Thecase was called yesterday morning,
and again the troubles Of the Saunders
family were entered into. 1t developed
from the testimony that Mrs. Saunders
had sold all of her property in this city
and had taken the boy with her fathers
farm in the Indian Territory. While
there the husband appeared March 9,
with deputy sheriff from Elgin, and
by force took possession OF the child,
putting him in a buggy and carrying him
off not needing. the protests of Mrs.
Saunders.
Mrs. Saunders came back to Wichita
Immediately and made application for a
writ 0 fhabeas corpus.
Saunders claims that Mrs. Saunders
was attempting TO get away with the
child when she sou. her property and
took him out of the state, Wine she as
serts that she was simply going to stay
with her father and would return with
the boy when the divorce came up in
the district court.
After hearing all of the evidence and
argument, Judge Wilson denied the writ
of habeas corpus, stating that the pro-
bate court at this time did not have
jurisdiction in the case.
Mrs. Saunders remedy was in the
district court, he stated, for If Mr..
Saunders was in unlawful possession Of
the child it was in violation of the order
of Judge Dale'S court, not his
Court then adjuorned for the noon
hour but the fight for the boy was con-
tinued, it being by physical force this
time. Mrs. Saunders attempted 20 take
hold of the boy ard take him to one side !
stating that she wanted to talk to HIM
Mr.. Saunders, who had hold Of the little
fellow on the other side, resisted, and it /
looked for a minute as if the boy would /
be pulled in two as the parents tugged /
away at him, one on either side, all the (
time talking in a most uncomplimentary /
manner to each other
1t became so rough and exciting that (
Judge Wilson interviewed, and while IN
der his care the mother talked to her /
boy. the father standing jealousy near /
all of the time.
The three then left the court room to- /
gether and started south on North Main /
street. each Juggling and pulling at the /
boy, who received the brunt Of all OF /
their jealous ire. They thus went strug- /
Cling down Main street each striving for /
possession of the unfortunate son. and it (
is a mystery which did at last succeed in I
gaining possession of him.
ORDER OF EAGLEo INITIATE.