Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1914-09-30
DEPENDENT CASE
is DISMISSED BY
ORDER OF JUDGE
B. S. Bell Grants Motion to
Take Alice Lyness From
Mary McAllister.
BUT WHERE IS THE CHILD?
Request Of Attorney Weld 10 Have
Girl Brought Into Court De-
nied-Mother Is Loser.

An entirely new situation in the
litigation over the custody OF Alice
Lyness. 12-year-old daughter of Mrs.
Olive Eckha-t. Huston. Mimi, who has
been battling in the circuit and county
courts for a week in an effort TO Sc
cure her child from Florence and
EIecta Lyness. aunts, arose this morn
Ing in county court, when Judge B. s
Bell allowed a motion TO dismiss the
dependency case
However. he refused 10 order either
Mary McAllister. woman of mystery,
10 whom the county court awarded the
child pending a hearing Oct 1. or the
girl herself produced in court, with the
result that the mother is still without
Alice and with no immediate prospect
OF gaining her custody unless she can
be located in the state.
Oismisses Case.
Following the agreement made with
Judge r. w. Olmsted in circuit court
a day or two ago. Attorney Shallbers
filed in county court a motion to dis
miss the dependency case, which has
been responsible for the legal tangle
over the girls custody. Judge Bell.
however. was away on a fishing trip
and did not return until yesterday.
This morning he took up the matter,
Attorney Shallberg stating that. as
counsel for Florence Lyness and her
Attorney c. 8 Roberts, cited for con-
tempt in circuit court, he desired the
dependency case dismissed and would
also Ike 10 have the child awarded to
the mother.
Attorney Weld. for the mother. said
that under the color of authority, the
county court had taken the child from
the mother and that he felt the county
court should again direct the child
turned over TO the mother. intimating
that II this was done the contempt
proceedings in circuit court would be
terminated in like manner.
The court then asked Assistant
States Attorney y c. Edwards il he
had anything 10 say and ne said that
the first intention Of States Attorney
?. 2. Thompson had been 10 fight the
motion 10 dismiss. in order 10 fully in
vestigate all of the facts OF the case
in county court. but that the county
prosecutor did not now ilterpose any
objection TO a dismissal
Il ask that the county court in any
order or dismissal that he enters, in
cIudes the provision that Mary Meal
lister and the child he brought into
county court and the child turned over
70 the mother" said Attorney Weld.
Ignores Court.
You saw ri 10 ignore this court and
attempt, through another court to i'm
pugl its motives and you are not now
in a position 70 ask the strong arm of
this court TO be extended for the bene-
III Of your clinet.' retorted Judge Bell. I
AS counsel for the petitioner and
h = attorney, I promised the circuit
court I would use my good Offices in I
an attempt TO have the child returned
to the mother" argued Attorney Shall .
berg. and We would like TO see this |
done"
The county court has taken this I
child from the mother" continued At I
torney Weld. where II was placed by
the circuit court. The statement which I
has been made that the child was given I
10 the sheriff On my motion is not true. !
! insisted that the girl be given to the |
mother. When the county court seem
ed disposed 70 give her 20 the aunts. I !
resisted and then the court placed the 4
child in ;le hands Of the sheriff. This 4.