Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1907-04-11
REVERSE The CASE
Appellate Court RemandS for
Retrial Controversy Over
Baby.
THE DECISION AT OTTAWA
Follows Quickly on Opinion in Mrs,
BleakIeys Favor by the Kansas
Supreme Court.

Ottawa, ILL.,, April ll.-(ArSus Spc-
cial.) THE incubator baby case, the
people ex rel. Charlotte f. Bleaklcy,
has been reversed and remanded by the
appellate court. The opinion covers 20
pages and is by Judge Bibell.
In the course of the opinion it is
stated the relator with knowledge that
there was reason to believe it was her
child. gave it up and led Mrs. Barclay
TO believe that she did 50 willingly and
gladly. She waited many months be-
fore she began to hunt it.
Never Cared for Child.
When the court below turned it
over to her she had never cared for it
an instant. In our opinion, it was not
for the best interest of this child, near
~ year and a half Old to take il from
comfortable home and give it TO the
reator who had never had it or cared
for it, but who had knowingly relin-
pushed it and who does not know that
she is its mother.
Best Interests Considered.
Whether it would now be for the
best interests of the child that it should
he taken from the relator and return
ed to the respondent, we cannot decide
upon the presCn' record. Doubtless the
court of Kansas will determine what
is for the best interests Of the child I'M
der present conditions. 50 it may be
that our decision will really only deter
mine the question of costs"
Following close on the decision ni
the Kansas supreme court which held
that Mrs. Charlotte Bleakley, of Law
renee. Kansas. was entitled to her
child, the noted incubator baby. under
the award of the circuit court of Roci
Island the appellate court at Ottawa
H., yesterday rendered a decision re
versing the ruling of Judge Gray il
the case here. and remanding the
case for retrial here The case nov
stands an open question, and Mrs
Blealley is in possession of the chill
in Kansas. Under this ruling of tn
appellate court the case will be tough
again in the circuit court in this city
where it was first tried over a yea
ago.
Points in Appeal.
B. f. Peek. who represents Mr.
Stella Barclay and her husband, tn
contestants for the child. holds thu
while he has not seen the opinion c
the appellate court, it is favorable 70
his side of the controversy in any ca {
In the trial of the case here Judg
Graves declined to admit evidence o
the point as to whether Mrs Bleallle
is actually the mother of the chill,
holding that the fact that Mrs. Ba1
clay accepted a deed of adoption frOr
Mrs Bleakley precluded such evidenC
1t was on this point that the case wa
appealed to the court at Ottawa. NJ
Peek contends that if Mrs Bleahle
is the child's mother, the deed {
adoption executed by her should /
binding. and if she is not the moth'
of the baby. she has no claim TO IL
child. w. r. Moore. who represen
Mrs. B!eakley maintains that the que
tions in the case are unsettled, al
must be determined in the courts.
East Moline Case Back.
Peter Auers of East Moline, the a
pellate court reversed the crcu
court and remanded the case with
rections. The case is one brought
compel the defendant to observe L
limitation in the deed to his propert
purchased of Mr.. Guyer. The deed
all the property sold by Mr.. Guyer a
the East Moline Land company has
clause prohibiting the use of the Pre-
erty for saloon purposes, and the pre-
ent case has brought to test the star
ing of such a restriction in court.
the circuit court the decision was
favor of the defendant.
Kennedy's Laxative Cough Syru
The pleasant cold remedy that cXpt
the cold through its action on the be