Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1905-07-15
Mrs. Lottie Rleakley Returns to
Kansas With Babe in
Her Arms.
is WELL PREPARED OPINION
Attorneys Comment Upon Dissertation
BY Judge Graves on Law of the
Case at Bar.

| Lawrence, kanS, the home of the
mother, this following the order of the
court that the babe should be restored
10 its natural parent, whom he held
was Mrs, Bleekley
We'll Prepared Opinion
Lawyers about the court room this
morning could be heard commenting up
On the exceIency of the opinion pre-
pared by Judge Graves in this involved
case. A portion of this is given below
but the judge gave much orally with
out reference 10 what he had prepared
in writing, going to the bottom with
every point On account of the wide
spread interest in this case because of
its sensational features. its points of
law, which, when decided upon must
be enforced, and the touching phases
of the case, The Argus gives in this
| connection the reasons OF the court
for taking from Mr. and Mrs Barclay
of Moline the child of their supposed
adoption and awarding it TO the natur-
al parent
w. r. Moore. of Moline, assisted by
Walter Saunders of St. Louis, conduct
ed the case for Mrs. Bleakley, the at
tOrneys for Mr. and Mrs. Barclay being
Burton F. Peek and c. Z. Dietz of Mo
line, H. NJ. McCaskrin of Rock Island
and " F. Whitley of ST. Louis.
Execution of Papers.
With reference to the execution of
adoption papers. the court said:
TO be effective to entitle the re
spondents to the custody of the child.
the deed must be executed and ac-
| knOwledged by the natural parents as
well as the adaptive parents; and not
only must it be executed and acknowl-
edged by both the natural and adaptive
parents. but il must he executed, ac-
kuowledged and recorded in the cOun-
~ of the residence of the person eX-
ecuting the same.
| This statute of course, only applies
to the execution. acknowledgment and
recording of such instruments in the
state of Missouri and it is not claimed
that the relator or her husband eXecu-
ted or acknowledged the instrument in
any county in the state of Missouri. or
that it was recorded in any county IN
the state of Missouri wherein they or
either of them were resident, either
| Temporary or permanent. Neither was
| it recorded in any county in the state
when and where the respondents were
resident either temporary or perma-
Inent.
| Again, the residence of the parent
carries with il the residence of the
child, and. both parents of this child
ibeing resident in Kansas, the residence
| of the child was also in Kansas. and
| for that reason was out of the reach
of the force and effect of the statute
of the state of Missouri
interests Of Child.
After disposing of the question of
contract, the court took up another
phase he was bound TO observe, and
asked: What is the best interests of
this child? Should it he allowed to re-
main in the custody of the respondents,
or should it be turned over to the Gus
tOdy of the mother?
What, in fact. is for the best inter
ests of this child. God. in His infinite
can do is speculation on the basis of
known facts and the experience of
mankind.
$50 far as is shown by the evidence.
there is no considerable difference be
tween the relator and the respondents,
either in the matter Of morals, educa
.ion. or social or financial standing;
Zach express. and, l have no doubt. en-
certain great affection for the child.
Il the Mother.
The relator, | am satisfied, is the
mother of the child. Her child was
born on the 18th day of February. in
he house of the midwife. Mrs. Merri
field, in St. Louis, Mo. This child was
born on that day in that place The
daughter of the relatOr was tiny and
blonde this child was the same. Her
child was of premature birth; so was
Ibis child. Mrs Merrifield told the re-
lator her child was dead: she told Dr.
Burford it was alive; she told Mr..
Thompson it was dead She put this
child in charge of the managers of the |
Incubator company at the worlds fair |
and told those people ii was the child |
If the relator she told Mrs. Barclay |
he child was the REALTORS and where |
The relator lived.
Possible Motive.
There seems to have been a posi- |
Die motive for the midwife TO tell Mrs |
Bleakley her child was dead she could |
and did collect the price of grave and
,offin. which evidently were never
Ised. Again she must have known
here was a demand for prematurely
born babies at the incubator conces-
sion ar the exposition. for before the
air was open she had reported this
1aby TO the doctor in charge of the in
,ubator while il was located down
own, and the doctor had sent Miss
KeIly 10 get the baby. Whether a price
vas paid her. the evidence does not
disclose, but il is evident they wanted
children of that kind, and they obtain
d this one