Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1913-12-09
Woman, Asserting She Is the.
Mother of Wallace Peters,
Asks for HabeaS COrpuSI
to Recover Boy, |
CHILD ADOPTED BY HER,
CLAIM OF MRS. MUNGER
Plaintiff Alleges She Was
Given Youths Custody in
Divorce Decree; He Chooses
Foster Parent

The story of mothers love that
hrdged eight years--it was that long
ago since her son was stolen from
Is narrated in cold legal phraseology
in a petition for a writ Of habeas
corpus filed yesterday in the office of
Thomas X. d. Madison. clerk of the
district court Mrs. T. A. Focks, Of
crane Mo, is plaintiff. She petitions
Judge II. +. Reynolds, of the district
court, TO command Mrs. Mary Munger,
1919 South Second street, TO deliver
Wallace Peters 10 years old
The human interest phase of the
story, obscured in the matter-of-fact
legal parance Of the petition. was re-
rcaled when Deputy Sheriff A. c..
Burtless served Mrs. Munger with
summons 20 appear at 9 o'clock this
morning in the district court TO show
cause" why Mrs. FocNs should not
be granted the writ that would sepa-
rate her adopted son from her and
give him to Mrs. Focks, who claims
hiEi'-as her kidnapped son,
The officer found Mrs Munger and
the boy at the home of her brother
David Chavez, 514 West Lead avenue,
last night The boy clung 70 his foster
molner and sohbed when the deputy
sheriff read the summons.
They're golng-to have a-hard
time to get me" said Wallace between
sobs
Mrs. Munger pattod his tow head
Who's your mother" she asked
You are. answered Wallace
elinging closer.
The petition filed with the clerk Of
the court by Vigil & Jamison, attor-
neys for Mrs Focks, recites the es-
sential facts Of the case briefly. Mrs
Focks alleges that her son, Wallace
Peters. then years old, was stolen
from her home in stone county Mis-
souri, eight years ago presumably
bv her divorced husband, Elbert i.
Peters. She was divorced from Peters
I'm the circuit court of stone county
and i'm the decree. she was awarded
custody of the son. according to the
petition. The divorce was granted in
1906.
Mrs. Focks did not learn of the
whereabouts of her son until this
year. still quoting from the petition
She asserts that Mrs. Munger refuses
to return The 10y until she pays her
for caring for him for five years. The
petition ihtimates that her former
husband gave the boy TO Mrs Munger
to be cared for
That much of the story only is told
in the legal record Of the case Just
begun Ia the district court at Old Al
buQuerque.
Mrs Focks, accompanied by Mr'
Focks. arrived here Sunday from
their home, to begin the legal battle
to recover possession of the boy whom
Mrs Focks believes TO be her son
Mr. and Mrs. Focks visited Mrs.
Munger Sunday night at her home
and saw the boy. Mrs. Focks Identified
Wallace as her son, but the boy OF
course did not recognize her lie was
culy years old when he last saw her
and the picture Of the woman who
bent over him in the first years of his
life had flown in the eight years since
he last saw her
Wallace was diffident toward the
strange woman, who said he was her
SON. and last night when he learned
that a deputy sheriff was looking for
Mrs Munger he was alarmed The
officer called at the chavez home once
previously to the time he obtained
service, but Mrs Munger was absent
then When she returned, she learned
that Deputy Sheriff Burtless had been
there The officer went to Mrs. Nun
GERS home and finding that she had
rot returned went back to The home |
Of Mr. Chavez.
Wallace began to cry as soon as the !
deputy sheriff was introduced to his
mother The title evidently sounded
formidable to him. The boy cuddled I
close to the motherly Mrs Munger
and a reporter commented that ne
apparently had been well treated
You know that, said Mrs Mum /
ger to Deputy Sheriff Burtless. The !
officer nodded lie has known Mrs /
Munger and the boy since they have I
iVed in Albuquerque.
I send him to the Sisters school, /
said Mrs Munger II pay for his /
schooling" She added proudly that
Wallace was in the fifth grade Mrs.
Munger declared that Mrs Focks had
know where the boy was for some
ume and had not "cven sent him
handkerchief"
Mrs. Munger said she had adopted
she hoy nearly a year ago in the pro-
'ate court here. An attempt was made
~ that time, she said, to locate his
lather but it failed. She has not
heard from Peters for several years.
Mrs Munger wants to keep the
10Y. She will retain an attorney to APP