Every evening, Wilmington daily commercial., 1906-03-12
The MARIS LITIGATION

Recover Has thilu
Harry kmmons, counsel for Mrs.
Margaret A. Capsule, today made
return, in the Superior Court. in the
haheas corpus proceedings brought 10y
George n. Maris for the recovery of
bic daughter, Ruth B. Marls, who is
Mrs. Capelle's grauddaughter.
The return denies that the child is,
without law or right, confined. te.
strained or deprived Of her liberty.
lt sets forth that George n. Maris
and Margaret b. Maris were married
on October 4th, 1892; that { he marriage
was opposed by Archibald A. Capelle,
husband Of the respondent and father
OF Mrs. Maris, because he did not
believe that Mr.. Maris was able TO /
properly support aud maintain their /
daughter; but Mrs. Capelle consented /
and attended the wedding. The return /
alleges that MaFis aud his wife had ]
a home OF their own at kodfey street |
and Gilpin Qyouue, for less than a
year, after which, while they lived
together. they made their home with
the patents Of Mr.. Maris. They we're
married about llls years. There were
two children, Margaiet A. who ia in
her 18th year, ana Ruth Is. who will
be four years old the 20 OF next July.
Mt Maris stated, the FetuTn
says, that the income from the real
/ estate business IN which he and his
/ father where engaged swas not suiii
oiCnt TO warrant the expense Of keep
ing two separate homes, and it was
/ for this reason that he took bis wife
TO live with his parents.
The return also stated that In the
latter part OF 1902 Mr.. Capele offered
] .tN - e. .. h..
No. olS franklin street, provided ho
would pay the taxes and that later
it would be decided 10 the vile, but the
offer was declined on the ground that
il would Increase MT. Maria' expenses
"As a result of Mr.. Maria financial
inability to support his wife and chill
dren, - the return says, lit became
nei isary 20 take them home, where
they came in December, 1902, Ruth
being at that time about six months
old. Mr.. Maris did not come % live
with them, although he visited them
at our home. lie contributed practi-
oally nothing towards the support OF
his family until his wile's death, In
April, 1901; nor since the latter date
has he done anything OF any account
towards the care and maintenance Of
his daughter Ruth.
After the children came TO live
with ue, 3" the return CONTINUES, he
seldom noticed his daughter Ruth,
and his treatment and interest In his
daughter Margaret we're ia marked'o CON
trRst with his neglect OF Ruth and
caused hrs wife n uoh sorrow.
Mrs. Capelle avorred that her daueh-
ter often talked with her about the
future care and custody OF the chill
! dren and that u was her deHire that
they should remain With her parents.
"In this disposition of the children,
I the return continues, MIR. Maris fully
scquiesced and from the time of his
wlfo's death until June OF last year
the children remained with uh ana
we're supported by ua without obiec-
ion or any expression OF dissatisfaction
! on the part OF Mr.. Maris. ~ Suhse-
quently, it says, Margaret spent most
! oi her time with Mr.. Maris and he
people, and Mr.. Uapelle Informed AIR.
Maris that he could not be responsible
for Margaret unless be was allowed 70
q exercise a greater control over her.
4 Mr. Marie objected TO this, II says,
\ land then Mr.. Capelle suggested that
+ as there seemed 20 be such a strong
attachment between him and hil
a daughter Margaret that he had better
/. take Margaret aud allow Ruth TO re.
/, main with Us be objected 10 this and
Z insisted that both children should be
! kent toRether. ~ Both children theu
a went 10 live with Mr.. Maris, 1t alleges,
Z and remained for about three wee ks.
= "At this time, il says, "a note was
4 handed 20 Mr.. Capelle by Miss Frances
a Newlin, our next door neiRhbor, which
4 Mr.. Maris hai written to Miss Newlin
and in which be stated that he was
10 willing that Mr. CApello should take
Ruth absolutely under his care and
direction as soon as he desires. As
soon as received this information
went 20 the home Of Mr.. Maris parents
T. and made arrangements for taking
Ruth away from them and did 80 q
. day OF two aftsrWaTd and brought heI
T. TO our home, where she has been ever
. eince without any objection on the
: part of Mr.. MariH until these proceed.
y ings we're taken. T"
y The return concludes as follows
j. "Your respondent has ample means
j aud willinRHto use them for the eduoa
q tion and maintenanoe Of her said grand
q daughter and to lit and prepare her tS
y ooou py tha most favorable position II
y life and 10 receive the further care
y and protection and the permanent ane
q liberal income provided for her out q
!. her zrandfatheris estate by his Will
IS which provision is 30 take effect at th'
9 decease of the respondent, as viii
u fully appear from a certified copy o.
j. said will, which Is hereto annexed.
|, The count fixed Friday as the tint
y for hearing the case.