The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-05-15
FIGHT FOR CHILD.
Father and Son In . Bitter
Controversy.
They Appear Before Chief
Justice Johnston Today.
SON WINS FIRST POINT
May Keep Possession Of His
Daughter for Present.
Case Will Be Hoard on Merits
in July.
SON WINS FIRST POINT

A little yellow-haired. blue-eyed
girl sat in big chair in Chief Justice
w. A. Johnston's private ONCE this
morning. In front Of her sat. in i'm
posing array, all the justices Of the
Kansas supreme court. Grouped about
the room were various relatives of the
girl; her father and stenmother, her
grandfather and grandmother. her
aunt and her uncle. A lot of grim
looking attorneys were present. In
fact, the whole assemblage had rather
a grim aspect, for a fight was on;
fight OF most bitter and intense char
acter, and the little yellow-haired girl
was the cause Of it all.
Finally the chief justice said:
"The court denies the application OF
the grandparents for temporary Gus
tody of the child during the pendancy
Of this action"
whereat the father and stepmother
of the little girl looked pleased and
happy. and the grandfather and
grandmother looked glum and dis
gusted.
"The court also denies the motion
of defendants to dismiss. and will set
the case down for hearing on July l."
And at that the grandfather and
grandmother cheered up a little. for 1t
meant that they still had chance to
regain possession of their pretty little
granddaughter.
This was the end of the first round
of legal battle before the Kansas
supreme court for the possession OF
daughter Of B. L. Swarens, well
known young farmer living near Nick
erson, Reno, county, Kansas. The
fight will not be settled until AFTER an
other hearing on July 1-unless, per-
chance, the parents and grandparents
of little Opal can get together and fix
up their unhappy quarrel. as they GER
tainly ought to do for the good Of all
concerned.
Opal Swarens' mother died when the
child was a year old. Left with no
wife to care for his little daughter, b.
L. Swarens gladly accepted the oppor-
tunity to place the child with MS
father and mother. who were wealthy.
and had no. other children. ,,.
Six years passed by, and the little
girl grew and thrived. and found her
way so close to the hearts of her old
grandfather and grandmother that
when B. L. Swarens. the father. mar
ried Miss Davies, a pretty school teach
er, came back to Reno county and set
tied down on a farm. the grandfather
and grandmother resented it keenly.
for they felt that they were In danger
of losing their little ward. And
eventually. the unfortunate man+e Slim lax
daughter to come and live with him:
his father and mother declared they
could not give up the child. and they
blamed the new stepmother for all the
trouble. Efforts to obtain the child
peaceably having failed, the father de-
clared war by going into the Reno
county probate court and after long
hearing in which twenty witnesses
were examined. getting an order of the
court instructing the grandfather and
grandmother to give him his daughter.
And the sheriff went to the home of
F. M. Swarens, and his wife Isabelle
Swarens, and took the little girl away.
and brought her to the home of B.
L. Swarens. the father.
Swarens, the grandfather is said to
have declared to his son, II will go
into the courts and fight you until I
break you up, and then I'll get the
child"
The grandfather also changed his
WILL under which his son would have
come into possession OF his property
on his death.
Then the grandfather and grand
mother started q habeas corpus suit
in tho name OF the little girl, in the
supreme court OF Kansas, to compel
the child to its grandparents. And that
was the case which was heard by the
supreme court today.
Under the order Of the court, Opal
Swarens will stay with her father and
stepmother until the final adtudica-
cision by the court.
The attorneys for the parents Of the
little girl asked the court to dismiss
the whole proceeding, on the ground
passed on the case: that the grand
parents had appealed from the decis-
ion Of the probate court to the district
court, and that the case was still pend
ing; that the present habeas corpus
suit is merely a subterfuge to use the
name Of the little girl to get before the
supreme court, when as matter OF
fact the little girl herself does not
ask for a writ of habeas corpus. But
the supreme court, after hearing the
arguments Of r. F. Prigg on behalf of
the parents, and F. l. Martin on be-
half Of the grandparents. decided to
take further jurisdiction Of the case
and fixed July as the time for hear
ing.
It is said that the little girl herself
prefers to i've with her grandparents,
because they live In town. and she has
plenty Of playmates. and good times,
while her father and mother live out.
on a farm, where II il harder for a
little town-raised girl to find interest
ing things to do. But the Judgment
matters is not considered the best, and
she is not permitted to add her testi-
mony to the case.
The parents Of the child say that
they have tried to effect a reconciita-
ton, and allow the little girl to live
part Of the time with them and part
with her grandparents, but they say
that the grandparents have rejected all
advances Of that nature since the sher-
if came and took the child away from
them. They are in the fight to a fin
ish, no quarter given or asked.
Julius Caesar, young gentlemen,
reformed the calendar. What may
we surmise from this?" s'That he
was a good politician and stuck to
harmless issues" answered the class