Los Angeles herald., 1908-02-04
PARENTS FIGHT FOR
CUSTODY OF CHILD
MOTHER SEEKS LEGAL AID TO
CURE SON
Eight=Year-old Lad Is Interested Wit
ness of neutrality-suspicious.
Former Los Angeles
Merchant

A little boy sat in Judge w. P. James
department of the superior court yes
terday. Thanked on either side by
number of attorneys he listened intent
ly to the testimony of witnesses, to the
arguments of the lawyers or to the
rulings of the court until all the legal
speech became a medly of unintel-
ligible sound in his childish brain.
His little arms stretching out hardly
guaranteed him a secure position in
the large armchair and he dangled his
feet about in an impatient manner
while his mouth puckered frequently
in an Irresistible desire to whistle
During the long hours of the session
the little fellow paid little heed to the
legal contest being waged by his par
ents, each of whom sought by means
of the law to possess him. The boy is
George Swan, 8 years old. and appeared
with his father in court in response to
habeas corpus proceedings instituted
by the mother. who sat few feet
away, waiting patiently for the de-
cision of the court which she hoped
would restore her son to her arms.
Joseph r. Swan and Catherine A.
Swan were married in Jackson county
Missouri in 1890. and three. children
were born to them. In 1905 Swan came
to Los Angeles for the purpose of es-
tablishing himself in business, and. as
he says, providing. a home for his fam
lily. whom he had left in Kansas City.
Opens Store
He started a grocery and meat mar
ket at sos West Jefferson street, and
following unsuccessful efforts to in
duce his wife to come to Los Angeles
with the children, returned to Kansas
City, where, according to his wife. he
kidnapped the youngest child, boy,
George Martin Swan.
The following March his wife began
an action for divorce In the circuit
court of Jackson county and he was
notified of these proceedings, answered,
but did not return to his old home.
The court. in granting the divorce.
gave the mother the custody of the
three children, but Swans attorneys
say the boy was in Los Angeles at
the time and therefore outside the jur-
isdiction of the Missouri court
The father declares the boy expresses
the strongest love for him and pref
erence in favor of remaining with him.
He says the mother is not fit person
to have the custody of the child; that
she is without means except small
interest in an estate and would be UNI
able to support the child in as sub
stantial manner as he himself could.
"She now makes her home In a fiat
in tenement section of Kansas City.
saws the father "Where her brother
keeps a cheap saloon in neighborhood
inhabited by foreign class" and de-
clares the brother is not of good char
acter.
swan says the mother is a Catholic
and wishes to rear the boy in that
faith. while he is a Protestant and
wants his son to follow the teachings
of that church.
Mrs. Swan alleged extreme cruelty
on the part of her, husband toward
herself and the children while in Kan
sas City. She said he had beaten her
almost every day for weeks and had at
one time kicked the boy into the street
from his store door.
Attorneys for both sides were ar
guing the case when court adjourned
an hour after the usual time last
night.