The Birmingham age-herald., 1907-10-30
BOY AND GIRL GO
 BACK ID MOTHER MagnesS Children Are Awarded
 By Judge Weaver RECALLS TRAGIC STORY
When an Attempt Was Made By the Father To kidnap the Children De- tective Sam Hamilton Was Fa-
 tally Shot By the Mother.

Little Ethel and Willie, the children , death of Detective Sam Hamilton, were yesterday returned by Judge Samuel L.. Weaver to the mother Mrs Annie Mag ness, from whose hand the detective re- ceived the bullet intended for her former husband
 The little children have finally been re- turned to their home, after months of suspense spent at the Mercy Home. and for the last time. perhaps forever, they left the court room yesterday Wrapt up in the life of Mrs Annie Mag ness, and her family. is tale of pitful tragedy At one time she is charged with falsity by her husband, while at Nash vile, then she is leaving him with her children. obtai1ing a divorce, and mar ryng again. Once more he pursues her, finds her at last. and with two other men, goes to lddnap his children, and return with them to Nashville.
 Then, as the shrieking children are in his arms. the mother appears at her win
 
 times, Sam Hamilton, the only innocent man in the party Is shot to death, the woman is wounded by a bullet from her own former husband.
 While Hamilton's life ebbs away at the hospital, all the rest are jailed, the mother charged with assault with intent to mur- der. afterwards changed to murder, the father with kidnapping, as were his two accompliees.
 After a week they were released on bond, but not before Mrs. Magness's little 6 months old baby had sickened and died.
 The children were given into the care of the Mercy Home, where they hada been detained until yesterday. Now the fam fly is reunited, the mother has q clear title to her little ones. and they are back at home in Graymont.
 It was on the afternoon of May 10, of this year, that the carriage drew up m front of the residence and W. R. White the father; J. T. Stout and A. B. Ander- son, grabbed up the children who were playing in the yard Then if was that Sam Hamilton, the beloved member of the Birmingham police force. sitting in the carriage received the fatal shot. He died the next day at Browns infirmary and was buried by his grieving fellow officers
 Time moved slow for the unfortunate woman She was held at the jail charged with murder, while her baby was cared for by a neighbor When sine re turned she found it dead. Then her trial came I'D, and she was acquitted.
 White. Stout and Anderson all mace bond and their cases for Kidnapping hdvc been postponed and are now pending. sev. eral days ago Mrs. Magness instituted habeas corpus proceedings for the posses- sion of the children, and they were yes terday awarded 10 her. White did not appear to answer. although he had been notified It is supposed that he decided to give the children up having seen what horrors his unsuccessful former attempt had wrought
 The most pathetic memory of the oc- casion is that of little scene at police headquarters.
 Ethel. years old. barefooted. and with her hair all tangled, leaned crying on her brother Willie aged 6, in the chiefs office. White, the father, entered. and laying his hand on the boys shoulder, said Come. now, don't cry. Papa will take you back to Nashville, and give you all kinds of nice things
 Shaking off the hand the little fellow shouted: You ain't my papa. I don't want to go back. I want my mammal" and the little girl clung closer and cried for mamma too. Their young minds have within few short months, learned a life times diversity.