Tonopah daily bonanza. [volume] (Tonopah, Nev.) 1906-1929, 1908-05-03
POPEJOY Child
GOES TO MOTHER
JUDGE oBRIEN HANDS down
DECISION IN MOST REMARK
ABLE CASE.

JuuSS " DAACA SCStCAudS uouuSu
down his opinion in the Popeioy case,
giving the child to the custody of its
mother. The case excited great
deal of attention. The decision in
part is as follows:
This is a controversy to deter
mine the right to the custody of Irene
Popejoy, sometimes called Anna Clar-
| ice Popejoy, a minor child of the age
of about twenty-five months Two
writs of habeas corpus were issued,
one upon the petition of A. c. Pope
joy, the alleged father of said child,
and one upon the petition of Clara
Popeioy, its mother. By consent,
both applications were heard togeth-
er. No evidence having been intro
duced in behalf of the petition of A.
C. Popejoy, it is unnecessary to coz
slider it, and will, therefore, confine
my observations to the application of
Clara Popejoy The return to both
writs made by respondent, Elizabeth
M. Popejoy, to whom the writs were
directed, denies that Irene Popejoy
is illegally restrained of her liberty
and alleges that Immediately after
the birth of this child it was aban-
doned by it's parents and the custody,
control, care and education of 1t given
to her, and that she has ever since
had and now has the care and GUS
tody of said child and has ever sin &c
supported and maintained it, and she
further alleges, in said return, tina.
the father of said child gave and
transferred it's care and custody 70
her and that the petitioner, Clara
Popejoy acquiesced therein and aban-
doned said child to said responder.
The evidence shows without con
3 fiict that Irene Popejoy is the illegiti
mate child of the petitioners, Clar?
Z Popejoy and A. c. Popejoy, and thaf
it was born at a maternity hospita
; in St. Louis, Missouri, on June 4th
! 1906. The story of how respondent
Elizabeth NJ Popejoy, came into pos
9 session of the child is best told il
the language of Mrs. w. S. Drake
! the midwife, who was present at tn
accouchment and whose deposition
= was read upon this hearing:
y @. Do you know Mrs. A. C. Pope
= joy, who was before her marriage
Miss Clara Davis?
Y A. Yes, intimately.
u @. State whether or not you wer
= present at the maternity hospital
2O20 Olive street, st. Louis, Mis-
y souri,, on or about the 4th day Q
! June. 1906, when girl child wa
= born to the said Mrs Popejoy.
= A. Yes.
@. If your answer to the last in
: terrogatory is yes, state If you kno'
% what was done with the girl child S
= born to the said Mrs. A. c. Popejo
>. Immediately after its birth, relatin
fully and in detail all of the circuR
stances with reference to the dispose
y of said girl child and what was sal
. and done by you with any other pei
= son than the mother of said child
connection with the disposal of sal
child.
= A. Immediately after the chill
2 was born it was given into my POI
- session. / washed and dressed /
:" and was to take it to a friend {
y mine who was to care for it unit
the mother, Mrs. A. c. Popejo,
could care for it. The child was Dor
at about midnight and about a. n
/ started with the child from til
:. hospital for street car to go to tn
woman's house who was to care Il
the child | was met on the sid
walk by Mrs. Elizabeth NJ. Popejo
who Immediately seized me and d
manded the child from me. r
fused to give it to her, and 81
threatened to kill me by shootir
he then and there If / did not give HI
M the child. A crowd collected and
ks tried to get her to walk away as
he did not care to be the center of a
Sc traction az that hour Of the nigh
She had a carriage waiting, and
al avoid a scene, / got in the carrial
with her and rode to hotel.
the hotel still refused to give n
the child. but she continued
re- threaten me. She represented tn
st the father. A. c. Popejoy. had Civ
her authority to get the child al
16 that she and the father were to lea
So the city with the child on that da
20 She declared that she was living wi
"a MI. Popejoy and that 1t was his wi
SO that she have the child. She HI
"a been nj my house several times, ON