The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-12-23
MOTHER GETS CHILD.
Supreme Court Says Eva Brown May
See Father Twice a Month.


This morning the supreme court is
sued an order in the case of Eva Brown,
the pretty little 6-year-old girl whose
father and mother are fighting for her
possession. The order allows Mrs.
Brown to retain possession of the little
girl, at her home in Kansas City, Mo-,
from now until the case is finally de-
cided in the supreme court, except that
on the 10th and 18th of each month, the
child shall be allowed to visit her
father. Mr.. Browns pay days are the
10th and 25th, and on those days he
lays off and is at home with his family.
The order of the court is as follows:
said minor child, Eva Brown is to
be taken on the mornings of the 10th
and 25th of each month and delivered
into the custody of it's father, Chas. w.
| Brown, and there remain with him and
under his control and custody until the
morning of the following days, respec-
| lively, the 18th and 26th of the month.
at which time he is 10 redeliYer said
minor child, Eva Brown, into the Gus
tody of her mother, Emma l.. Brown"
The supreme court has under advise
ment an application for temporary or
der giving Charles Brown, the father,
possession of 6-year-Old Eva Brown,
who was awarded to her father in the
lower court.
Mrs Brown, mother of Eva Brown,
was put on the witness stand by her
attorney Thursday afternoon in Judge
Johnston's chambers. The following
judges were present: Justice Mason,
Justice Burch, Justice w. r. Smith,
Justice Green, Justice G. A. Smith and
Chief Justice Johnston.
An effort was made to show by her
testimony that she is at present leading
a moral life, and is a fit person to have
1 the custody of pretty little Eva Brown,
who was also present during the hear
| ing.
Mrs. Brown denied all charges con-
Meeting her name with Fred Bendure,
for whom she is keeping house. Her
! testimony was considerably shaken on
cross examination.
docs not Eva call Bendure her
papa?" was asked by l.. G. True, at+or-
ney for the petitioner, Chas. Brown
''Well, they taught her to call him
| papa as joke, and now she does it
from habit
Didn't you go by the name Of Mrs.
Bendure?"
IT never told anybody that was my
was it,"
Didn't you tell your daughter that
you were married to Bendure?"
ct did tell her that, but it was just to
keep her from talking about our rela-
tions."
''Didn't you know that Bendure was
married MANI"
"Wer, he thought he had a divorce
didn't"
you keep beer there in your house?"
1--WE have it there"
"To drink?"
"Of course-what else would we keep
it for?'
And you have given this little girl.
Eva, beer to drink, haven't your
"A few times"
Dispositions were read to prove that
the relations of Mrs. Brown and Ben
dure were not such as to furnish
proper example for the child.
Mrs. Brown has now moved over
to the Missouri side of the line, and
has taken the little girl with her. Her
attorney, J. A. Smith, sought to show
that she had no disposition to evade
the jurisdiction of the court
''Why did you move over to the Mis-
souri, side of the line?" asked Mr..
Smith.
Because Mr.. Bendure had job as
foreman on the addition which is be-
ing built at the Rochester brewery,
and when we were in Kansas City he
was so far from his work that he could