The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-09-09
60 to California for Five Year
Old Villa Culp.
HOME EMPTY HANDED.
Mother Refuses to Surrender
Little Girl.
Habeas Corpus Proceedings in
Court Undecided.
Contest Results From CuIp
Divorce Suit in Topeka.

A bitter and relentless battle for a s.
year-old child, Villa Culp. is what call
ed Sheriff A. T. Lucas and County At
torney 0. E. Hungate of Topeka to the
Pacific coast.
They are expected to return tomorrow
| and it will be baff1ed and defeated for
| the beautiful little girl fors whom they
| travelled half way across the continent
remains with her mother in Sacramento,
Cal.
The greatest of secrecy has surround
| ed the movements of these two minions
of the law. They gave it out that they
were going on business trip to the
coast and that is where the information
ended. 1t has been said that they have
| been attending the fair at Portland but
if they have done it it has been between
the court hours.
| The following is from a Sacramento pa
per:
THE habeas corpus proceedings
brought by C. H. Culp of Topeka. kan,
| to obtain possession of his little grand
daughter, Villa N Culp, who for sew
eral months past has been in this city
| in the care and custody of her mother,
Mrs Fantasia Culp, will be called in
Judge Shields court this morning, but
| the probabilities are that continuance
will be had. it being doubtful whether
dispositions that have been ordered from
| Kansas will have been returned
| But G. H. Culp, the grandfather of
the little girl, is in the city, as is also
Sheriff Lucas of Shawnee county. Kan.
Several months ago Mr.. Culp and the
sheriff of Shawnee county, Kan, came
to this city and attempted to locate
i Mrs. Fantasia Culp in order to serve her
with writ commanding her to produce
her little daughter in court, but the lady
had made some good friends in this
city. and they kept her hiding place SO
secure that Mr. Culp and the sheriff of
Shawnee county, Kan, left in disgust
and went back to the Sunhower state.
Some time ago Mr.. Culp came back,
and when he learned that Mrs. Culp
was willing to bring the child into
court and fight out the battle for the
possession of her child before Judge
Shields he sent for the sheriff of Shaw
, nee county to come ahead. and the
sheriff came.
kansas is prohibition state. and
Mr.. Culp and the heriff of Shawnee
, county, Kansas, seem to appreciate
Sacramento and its "open (saloon)
, door, policy. At any rate they enjoy
ed the warm part of yesterday in a
popular saloon with nice lunch and
i mugs of foamy lager on the side.
Mr.. Culp sets up that the Kansas
! courts awarded him the child, and that
. its mother brought it to California
without the consent of the court. He
: also alleges that Mrs. Culp is not a
proper person to have charge of the
child, and he proposes to produce aff1-
davits from Kansas parties that his
character is above reproach, and that
hers will not bear investigation. The
fact remains, however, that many peo-
pie in this city who have learned to
know and respect Mrs. Culp since he1
residence in Sacramento, will testify
that she is an eminently proper person
to have the control and custody of the
: little girl.
| MRS. Culp asserts that her divorced
husband was drunken and abusive, and
that she brought the child to California
because she feared he would take i
2 away from her.
, This is the aftermath of a story OF
abuse and domestic infeHcity that was
, aired in the Shawnee county court &
year ago W. H. Culp, the father OF
Villa Culp, the child about whom the
, controversy has arisen, is a son of c
II. Culp, a Quincy street liverman
and he has had enough marital expe.
riences to give him clear insight int
the workings of the divorce court
The child's mother was Miss Fantasia
Fasig, the daughter of a farmer living
near Berryton, in Shawnee county.
t Story of the Divorce.
!. April 4, 1904, Mrs. Fantasia Gull
Q secured a divorce from her husband
through H. G. Larimer, on account o
: habitual drunkenness, and was award
Il ed the custody of their child, Will;
5 Culp, a beautiful girl of four years
E In rendering the decree Judge Hazel
J said Mrs. Culp was good woman ant
n the one of the parents fit to take tn
l little one. He also said that all tn
! allegations made by the husband de
rogatory to the wife's character, repu
tation, disposition and conduct and at
: tempted to be proved by him were un
q true. Privately and verbally Judg
Hazen instructed her attorney to tel
her to keep the child in Shawne
county.
When the mother, accompanied b
the sheriff and his deputy, went to tax
the child they were resisted by MI
:, Culp and his fathers family, but the,
yielded to force at last and the mothe
came away victorious. Mrs. Culp re
manned in Topeka in constant fear an
n anxiety until the divorce decree be
: mother went to California, takin
, Villa with them.
Hazen Changes Custody.
Immediately after she left Judg
Hazen said to her attorney: "She ha
a not treated me fairly. If she doesn'
II bring the child back into the jurisdic
af ton of this court, ifathe Culps max
an application to change the custod
"a 1 will do so and give it to the grand
father Two months and a hal
afterwards, January 5, 1905, withou
any notice to Mrs Cu!p further tina
this statement, and with no applIca
ton filed, the court granted the Gus
tody to the grandfather, @. H CuII
tThe order recited. however, that du
and legal notice had been given he
attorney. This order was followed b
S. another, without any notice to anyone
" directing the sheriff of Shawnee cour
ID ty to take the child and turn it owe
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