The Paducah evening sun. [volume] (Paducah, Ky.) 1906-1929, 1908-07-10
Judge Reed Upholds Jurisdic.
ton Of County Court and
M -, :.
Denies Writ.
Attorney For Father Says he
Will Continue Fight.
SAY IT WAS NEGLECTED


writ Of habeas corpus issued for Jo'
ingram. rs months old. held In the
Home OF the Friendless against the
wishes OF It's father. Clarence In
gram. after the trial at the opu'l
house this morning at o'clock. an,
the child viii remain In the HON,
uuiil voluntarily released or until
further legal proceedings secure H.
Freedom.
we have Only begun TO fight.
WAS the way Attorney NJ. Z. Gilbert
Bat II this morning when Judge
Reeds decision against HIS client Wa
announced Mr.. Gilbert stated that
the case would be prosecuted. II nece,
sary. to the court OF appea.s 10 Sc
cure possession OF the child for Il,
parents
Judge Reed based his decision on
the opinion that the county court
presided over by Judge IiEhtfoot, has
Jurisdiction and that the regular pro-
cedure would be 10 have the case re-
insiated In the county court and APP
pcaled TO circuit court. However. all
the evidence was heard this morning
In the hearing 10 ascertain whether
a writ OF habeas corpus should Issue
the Home OF the Frlendless being
represented by Attorneys Miller a
Miller.
Zap Toner. formerly humane OH
Ger. testified that he found the chAd
with Mr.. aud Mrs. Robert Tidwell at
Third and jackson streets and that
II was starved and slck,y. Attorney
NJ. y. Gilbert undertook to lmpeach
Mr.. Toner'S authority for taking the
child. but Mr.. Toner was humane ON
Ger by virtue of a state statute and
In addition had police powers
DIR. Della Caldwell testified that al
the time the child entered the home
there were evidences OF neglect,
which made a change imperative. She
said the child was kept In unhygienic
surroundings For the plaintiffs MIS-
Ingram. Mrs. Tidwoll and Mr.. It'd
wei we're introduced, and they testl-
fed that the child was well cared for
and that the taking Of the child was
not warranted by the real situation.
Mr.. Clarence Ingram. the child's
father did not take the stand.
WIN Make Hard Fight.
Attorney NJ. +. Gilbert. represent
Ing the plaintiffs. vas busy after the
trial this morning preparing a petit
ton to go before Judge Lightfoot
praying for new trial In county
court. County court will be In ses-
sion Monday. but u Is not known
whether Il will be tried then. Attor-
ncy Gilbert says he will introduce
many more witnesses in this trial,
but is prepared for an adverse de-
cision and will appeal the ease, II de-
clded against him, TO circuit court.
Circuit court will not convene until
October aud the child will remain In
the Home now until then, or until
they are ordered by court 10 release
II to It's parents.
Attorney G,ibert and Mrs Ingram
asserted this morning that the child
Joe Ingram, was sent to Carbondale
H.. month ago aud was not re-
turned until yesterday, when the
trial of the writ made its presence
unavoidable. They professed to BE-
lleve that the child was sent away
from fear by the Home of the
Frlendless that attempts would be
made by It's parentseto abduct II
Alleging that he cannot get an inn
partial trial from County Judge II. T.
Iightfoot. Attorney NJ. Il. Gilbert
said he Will undertake to swfar him
OF the bench and have the cdse tried
by another person. "You AN say
there will he interesting proceedings
all through this case he concluded
this morning.
Files Petition.
Attorney NJ. Il. Gilbert fled petit
ton in county court this afteritoon for
Clarence Ingram, asking for the re-
storatlon of Joe Ingram In thd Home
OF the Friendless. to his parents. He
alleges that the child was tadsn to
Carbondale. ILL.,. last month fbr UNI
explained reasons and that thd home
h holding him now for 'easqns OF
spite.
Mr.. Frank L. Scott has returned