Los Angeles herald., 1908-02-21
BATTLE FOR
GIRL TO END
CASE TO BE DECIDED THIS
AFTERNOON
PARENTS FIGHT FOR CUSTODY
OF CHILD
Woman Tells Court Of the Years Babe
Was in Her Care and Many
New Points Are Brought
to Light

Little Mildred 0cnliD, tiS AV-yeoN
old child for whose possession father
and mother are engaged in a legal
battle, will appear in the superior court
this morning and will probably learn
whether she must return with her
father to his Minnesota home or re-
main in California with her mother.
The case was resumed yesterday
after continuance from Monday, to
secure the presence of Mrs. NJ. r. Proc
tor with whom the child lived at one
time New facts were brought to light
during the day, from which it was dis
covered that Mrs. Proctor, although not
having entered into an agreement that
she could keep the girl, refused the
appeals of the father to see her, and
pending an action in Iowa by which
he sought to secure her, ran away with
her to California.
returned by an Iowa grand jury against
the woman for this act
Mrs. Proctor, who Is a missionary
for the Seventh Day Adventists, yes
teriay told the court she first met Mrs.
Scnilb under the name of Hopkins In
Albuquerque, N. NJ, while doing mis-
sionary work. Later they met in Nash
Vile, Tenn, where Mrs. Hopkins be-
came sick and gave the child into Mrs.
Proctors keeping. She was taken to
Brooklyn and thence to Moneta, Iowa,
where, according to Schilb, who testi-
fed in the afternoon, an effort was
made to have her restored to him.
Wife Leaves Home
Schilb said his family at one time
lived at Brainerd, MINI. His wife, he
said, packed up their household goods
in 1901 and with the two children went
to Minneapolis without his knowledge.
He followed and found she was keep
ing a rooming house They lived to-
gether for a short time, when his wife
again moved to another part of the
city, placing the son in the Catholic
orpnanage and the girl in the Bethany
home. She secured a divorce, he said,
and then disappeared for year. Re-
turning she endeavored to get possess
sion of the girl, who was then living
with her brother at her fathers home.
"She was unsuccessful" said Schilb,
''but one day she persuaded me to let
her take the girl over night l did so
and did not see the child again for six
years. 1 followed her to different parts
of the country, but did not locate the
child definitely until She reached Mo-
meta, Iowa.
Il went to that place and asked Mrs.
Proctor, with whom Mildred was liv-
ing, to give me the child, but she SAID
would have to get legal papers.
returned to Minneapolis, secured the
papers and went again to Moneta. Mrs.
Proctor said she was sick and would
not admit me to her home, and later
she took Mildred and came to Califor-
MIA without my knowledge"
Woman Gets Divorce
The mother some years ago was
granted an annulment of her marriage
with Hopkins on the ground that he
had a wife living. Last month she
married a man named Malady and the
couple have been living at Watts. A
petition asking for the adoption of Mil
bred was granted the couple some days
ago5 but Judge Monroe yesterday set
this action aside.
Attorney Edith Mckinley is repre-
senting Mrs. Malady in the case, and
letter was read in court in which
Miss Mckinley told Mrs. Proctor if she
gave the child to Schilb she would be
party to kidnapping scheme.
The letter was written following
Schilb's first visit to Iowa. at which
time Mrs. Proctor wrote to Mrs. Malady
asking what action she should take.
Enclosed is the original copy of the
proceedings for divorce in Minneapolis"
the letter reddS. IL you surrender Mil
bred to Schilb you will be a party to
KIDNAPPING scheme. The mother gave
her personally into your care and you
are amenable to the mother who has
entrusted the child to you, and back
of that you have no right to CO."
Chldes Guardian
| The attorney takes Mrs. Proctor to
| task for her evidence of a lack of faith
| in the mothers goodness.
II am panied to observe" she writes,
that throughout your letter there is
an inclination to believe bad of your
| friend Happy. This is astonishing to
me in the face of your resolve to Live
nearer to your Lord
MRS. Hopkins stands respected in
this community and any sights on her
name would be very warmly resented.
1T is shame that any decent wo-
man should be insulted through the
| mail by letter like yours. You may
have done good part by her girl but
/ think 1t is time Mrs. Hopkins assert
ed herself and took charge of the child"
Arguments will be heard on both
sides today.