Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1915-05-27
BATTLE ROYAL FOR
POSSESSION Of
LITTLE BOY
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CONTINUED from Page One.)
first day of September, 1907, and are
entitled to the care, custody and con-
troll of said child " ... >,
(3) That abou: two years ago G. +.
and Elizabeth Clark entered into
conspiracy with Mrs Palmer Of
bert, born in st. Paul, Mimi, on the
Cedar Rapids, who had the child tenn
porarily in her custody, and obtained
void guardianship of the child by
practicing fraud upon the court in that
they stated that the parents of the
child were dead and thus obtained an
order permitting them to adopt the
child and now claim custody Of the
child by reason of such order.
f4) That neither the petitioner nor
his wife knew of such guardianship or
adoption proceedings and never con.
sented to same and did not find out
that such steps had been taken until
the past week. That they supposed
that the child was in the care and Gus
tody Of the family with whom they
had placed him and have continuous
ly contributed to his support and edu.
cation and supposed that the child
was receiving benefits Of such money.
(5) That they are ready, willing
and able to give the boy good lone
and education but that the Clarks re-
fuse to surrender the boy to them.
CO That on May %, 1915, the
Clarks having come into the judisdic-
ton Of this state, the petitioner OBJ
tanned writ of habeas corpus from
Judge Nuessle, which, on his own mo.
ton was, on May "a, quashed. r.
Return to the Writ. =
In the return TO the writ of habeas
corpus the respondents in answer to
the petition: a....
ID Deny all allegations in the pc.
| low. .
CD Having neither knowledge nor
information sufficient upon which to
form belief deny the allegations con-
tanned in paragraph oe Of the petition
and in the first sentence of para
graph two. (Relating TO parentage OF
child.) ~ Lib
90 That they have and for the
past two and one-half years and more
have had custody of their minor adopt.
ed child, Herbert Clark, but upon In.
formation and belief alleged that tie
child was born July i, 1907. and that
both his parents died within few
months after his birth. Further that
the child was never in the custody OF
the petitioner (Sidle).
"a That on June 10, 1913, c. F.
Clark was appointed by the district
court. of Linn County, Iowa, guardian
of the person and property of the
child and letters of guardianship. were
duly issued him, and that said letters
of guardianship are still in full force
and effect. Further that the child has
been all his life, with the exception of
a temporary absence of about one
year, resident of the state of Iowa
That articles of adoption whereby
these respondents adopted said Her.
bert Clark as their own child were
executed on June 49,, 1914.
Kidnapping Story.
| Further, it is alleged, that subse'
quent to the date of the execution and
recording OF said articles of adoption
the respondents learned that the child
had been on July 16, 1909, adopted
by Allen Reynolds and Adell Reynolds
husband and wife, Of Clinton county,
Iowa, under the name OF Brice Rey'
nolds; that said child was in the care
and custody of the Reynolds from the
time he was four months old until
he was more than two years old and
was about the time Of said adoption
BY them urlawfully kidnapped from
them. and after long and unsuccess.
frl search they were led to believe
that the child had been taken by rela
ltives Of his deceased parents in Ger