The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-09-25
MOTHERS CHOICE
She Decided to Live With the
Daughter.
Mrs. Scott i'm COurt-Children
Disagree.


| and a sister over the possession of
their aged mother and her estate
amounting to about $1,000, which
started last week when a writ of
habeas corpus was issued by Judge
Dana of the first division of the dis
trict court of Shawnee county, order
ing the son to produce his mother in
court, terminated in the probate court
yesterday.
Agnes Scott, who told the court and
jury yesterday she was between 20
and so years old" but did not know
her exact age, explaining that 1T was
written in a book somewhere, is the
mother of Tillie McGowen and J. H
Crane.
The mother was living with Mr..
Crane on a farm near Berrytown
Mrs. McGowen came here from Atch-
ison last week and caused a writ of
habeaS corpus to be issued by a1eg-
ing that her mother was restrained
of her liberties and compelled to do
hard work, and was even beaten.
Judge Dana decided to talk to the
old lady alone, free from any restraint
that she might feel in the presence
of either of her contending offspring.
and as a result decided that it would
be best for guardian to Disappointed
for both her person and her estate.
In this the old Lady agreed, and in
consequence the case went from the
district court to the probate court.
Each of her children employed coun-
sci, and Clay Hamilton was appointed
by the court to look after the interests
of the old lady in the proceedings.
Judging by the testimony neither
child had any designs upon getting
the old 1ady's money, about 81, 500 in
cash. but each was afraid that the
other would get it. The trouble
seemed to be more one of suspicion
than of greed.
Mr.. Crane showed by his testimony
that while he had placed the proceeds
of the sale of a farm belonging to his
mother in bank in his own name.
yet he accounted for every penny, and
had kept this account intact, draw
ing on his own funds to meet eX-
penses for the care and medical at
tention of his mother. He said he
had put the money in his own name
because his mother was not respon-
sible and was inclined to give every
thing she had away, even to strangers.
Both Mrs. MCGOWAN and Mr..
Crane testified that they believed a
guardian should be appointed for their
mother, and when the old lady took
the stand. she herself testified that
she needed a guardian.
There was dramatic moment
when she was asked by the court to
choose between her two children
which she preferred to live with.
Pointing to the daughter, she said:
81 would rather live with that little
girl, there. Evidently Mrs. MCGOWAN
is still a little girl to her mother,
she is a woman probably sc |
years old.
The old lady broke down and wept
when Radcliffe Lee, deputy county at
torney. in order to give the jury an
idea of her ability to manage her own
affairs. questioned her about her bus |
mess deals and property. He asked |
her about farm she had owned.
"Oh, I sold that, and that is what
all this fuss is about, she exclaimed, |
and then from remarks that came |
between sobs, she showed clearly that |
she considered herself disgraced by |
the quarrel of the children over the
1880 resulting from the sale.
Considerable amusement was af- |
forded in exploring the contents of a |
bag which Mrs. Scott carried. She |
said it contained money.
But how much money, neither she |
nor anyone else knew. 1t was large |
enough to hold several thousand dol
lars in bills of medium denomination. i
After some discussion and A1phonSe |
and Castor play between the lawyers, |
it was decided that Judge MacFar-
land should open the bag and count
he money
When the bag was opened, out
slipped another bag. This was opened |
and three other bags were revealed.
These three bags were then opened,
and each contained a package with
three wrappings of paper around it.
1t looked like an April fool package
all packa ge-but finally money was
uncovered There were bills. a TWEEN
" dollar gold piece, silver dollars, and
pennies. Her bag with its many
small packages had been divided into
compartments for money of separate
denominations. 1t totaled S6S.79.
The jury after hearing the case re-
-urned a verdict that a guardian
should be appointed for both the per-
son and the estate of the woman
Both the sister and the son had told
he court that were a guardian ap- II
pointed, in their opinion he should not
pc relative. so Judge MacFarland Il
appointed Sheriff kiene as guardian. H
At the close of the hearing both
Mrs MCGOWAN and Mr.. Crane stated
o the court that each was willing to
care for the mother free of charge
md to the very best of their ability.