Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1915-09-26
DECISION GIVES
CLARK CIARKS CUSTODY
Of LITTLE BOY
Mrs. Sidle Swoons Following An
nouncement of Decision d..
By Court
CASE SUBMITTED
WITHOUT ARGUMENT
Final Testimony Taken in Case
Yesterday and Immediate
Decision Given

The final chapter in the Sidle-Clark
habeas corpus case for the possession
of eight-year-old Herbert Clark was
written yesterday, when after an all
day session, the case was submitted
to the judgment of the supreme court
and decision rendered.
Chief Justice Fisk announced the
decision Of the court, following
short conference. He said, 1--WE all
agree on one line in this case and in
accordance, will hand down decision
at once, to be followed later by an
opinion. Our duty in this case is
plain; the decision of this court is
that the writ of the petitioners be
denied. We refuse to interfere in the
custody of the child. Costs in the
case will be assessed against both
Sides"
Mrs. SidIe SWoons.
A hush fell over the House chamber,
in which the case was heard, when
the decision was announced Mrs. w.
J. Sidle, who has been under severe
nervous tension all week, broke down
completely, when the full meaning of
the court decision daWned on her.
Mrs. Sidle has had to bear the brunt
Of the whole nasty affair, since the
case opened here last Tuesday. 1t is
little wonder that she toppled from
her chair in a dead faint, when she
realized that the child for whom she
has made such a struggle, the child
for whom she has barred the innermost
secrets of her life, is denied her.
Hearts 60 out to the little mother,
now that it is all o"er, but all the evil
dence presented during the five days
that the case has been in progress
was not enough to evenly balance the
scales of justice.
Complicated Case. sE
There is none who doubts Mrs.
Sides sincerity, but in the eight
years that the little boy has been bat
ted to all corners Of the country, he
has learned to look at things differ.
entity.
The little boy who had a hundred
names, and no name, never had
chance to settle down in any one
place and feel at home, until he came
in contact with the Clarks.
Mr.. Clark did what any red4blooded
man would do under the same condi-
tions. When the little boy of six
said to him "this is my nome, Coo
gave it tn me and am going to stay"
he took him in, and in the two years
that he has had him. he has been all
that any father could be to a boy.
There was just as much back of the
Clark fight for the youngster, as there
was on the Sides part. Mr.. Clark
was prepared to go the limit to keep
the boy, prepared to sacrifice all that
he has in the world to retain another
mans child as his adopted son.
Few if any who sat throughout the
case were surprised at the result. 1t
was generally expected, in view of
the evidence introduced by both sides.
Dominant Factor
Miss Anna Wendell the nurse is the
dominant factor in the whole case,
and tho dozens of different stories
which she has told at various times
so complicated the case, that even
now grave doubts exist on all sides
as to the real mother of the child.
The petitioners contended that the
child was Mrs. Sidle's while the other
side contended it was not, but made
no pretense Of attempting to trace its
parentage. The preponderance of evil
dence presented by the attorneys for
the Clarks, would lead to the convic-
ton that little Herbert Clark is the
child of Miss Wendell.
1t was a pure and simple case Of
right and wrong, over which there
could be no hair-splitting. There was
only one question for the court to
consider after all the evidence, ex-
hibits and dispositions of bot.l sides
were in, and that was in the future
welfare of the boy. The court was
unanimous in it's opinion, there was
no dissenting voice
Final Session.
Practically all witnesses who had
appeared on the st:4nd. during the
week, were recalled yesterday to give
testimony in rebuttal, but little of i'm
portance was developed. No new
facts were brought out by either side.
Attorneys for the petitioners stated
their willingness to submit the case
CONTINUED on page four)