Polk County observer. (Monmouth, Polk County, Or.) 1888-1927, 1915-02-23
MOTHER SEEKS CHILD
MRS. BOWERS STILL FIGHTS
FOR HER OFFSPRING.
Habeas Corpus Proceeding Is Now
Being Heard Before Judge
Harry Il. Belt.

occupied in the circuit court for Polk
county taking testimony before Judge
Harry H. Belt in the habeas corpus
proceeding instituted at the instance
of Mrs. Mollie Bowers to secure the
custody of her daughter, Marion Bow
ers, four years old, and now in pos
session of Mr.. and Mrs. Milt B.
Grant. The testimony was not com
pleted, and the case was continued
until this morning at 9 O'Clock, yes
terday being legal holiday. Sever
al witnesses will be heard. 1t is like
ly that the evidence will be in today.
In her petition for writ, Mrs.
Bowers alleged that the juvenile court
of Multnomah county had taken jur-
isdiction over her child in June, 1913,
and that an order was made by Judge
Gatens declaring the child depend
ent child and making her the ward of
the court temporarily. 1t is recited
that she was turned over to the moth
er, who, lacking a good home for the
child, turned her over to Mr.. and Mrs.
B. Grant, under an agreement that
Grants were to care for the child, the
mother to pay for the care at the rate
of $40 a month. The mother alleges
that the Grants refused to give her
possession of the child upon her de-,
mand. She also alleges in her petit
tion that Judge Gatens made a furth-
er order in the matter of Marion Bow
ers, dependent child, in which the
court directed that Mrs. Bowers
have the custody of her child tempor-
arily and that Mrs. Bowers be requir-
ed to present the child in court at
least twice each month.
In his answer to the petition Mr..
Grant alleges that the mother is an
unfit person to have the custody Of
the child and sets forth that an order
was issued by the county court of
Polk county in September, 1914,
wherein Marion Bowers was commit
ted to the care Of the Grants, III pro
ceedings instituted to declare her
dependent child. Mrs. Bowers, in an
answer to Grant, denied her unftness
to have the custody of the child and
alleged that the Multnomah county
Juvenile court has jurisdiction in the
case and that the order Of the Polk
county court was void.
On Saturday Mr.. Grant testified
that when he got possession of the
child she was dirty and almost starv-
ed. He said she showed neglect. Mrs.
Grants testimony was similar. Both
contended that because of Mrs. Bow
ers' reputation she was not fit per-
son to rear the child.
Mrs. Hattie Riggs, who was called
to the stand to testify, said that when
the mother had the baby in Dallas,
just prior to turning it over to the
Grants, the child appeared to be well
cared for and that the mother seemed
anxious to secure good home for it.
William Stump, grandfather Of Mol
lie Bowers, said the child was well
taken care of by its mother and that
he had never heard anything against
her reputation that would unfit her
to have her child. Sam Shooley testi-
fed to certain actions he said took
place in the fall of 1913, in which
Mrs. Bowers and a railroad man were
the principals. Judge John Teal of
the county court, was called to tell
what witness, now out Of the state,
testified to upon the former trial.
Court was adjourned until Monday,
when evidence as to the proceedings
in Multnomah county in 1913 will be
given, and the petitioner will aver
that as long as the juvenile court of
Multnomah county has jurisdiction,
no other court could gain jurisdiction
of the matter.