Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1916-12-10
FOUR-YEAR FIGHT
OVER CHILD ENDS
Little Olga Ellis Now Is Legally
Restored to H4
Father.
RULING BY TOKYO COURT
Case Began When Wife of
Clergyman Was Committed
to Hospital for Insane.
RULING BY TOKYO COURT

TOKYO, December 9-Littlc Olga
E.iils. the ninc-ycar-old American girl
whose Ownership" has been in doubt
since tho Massachusetts courts i'm 1912
gave the right Of custody to her
mother has now been legally restored
to her father by Il decision of the Tokyo
Appeal Court. Unless Mrs. Ellis should
carry the case To- the Supreme Court
this ends case which has Travelled
from Massachusetts to japan. and has
attracted international attention
The cas-" began in 1912. when Mr..
Ellis. then ii Unitarian clergyman in
Boston, allowed his wife to be com
United 10 hospital for the insane in
massachusetts on the advice OF "A num-
Der OF physicians. Three weeks later
Mrs. Eills was released. and soon after
sh" brought Il suit in the Probate
Court for the custody Of her little girl.
IN view OF clga's age at the time
four and n half ycars-thc Massachu-
sets courts gave tho custody of the
child 10 the mother until further or
der" but the father, after years
experience OF separations was so
wrought up that he bolted to japan
with his daughter
ATTEMPTS ARE MADE
TO ESTRNDI'rE: FATHER
Attempts were made TO cxtradite him
on "A charge Of perjury, and he was
arrested by the Tokyo police. The
charge Of perjury. it was subsequently,
learned. was sworn to by Mrs Ellis
After detention for twenty four days
Mr.. ELLIS was liberated on receipt OF
documents from massachusetts certify
Ing that no criminal proceedings ever
had been instituted against him
80.
attention to the fact that his wife's
attorney, David l. Walsh. later Gov
crnor Of Massachusetts, had been
elected t-Govcrnor while the
case was in progress. The charge Of
perjury was made in the absence of
any claus" in III" cHtraditiOn treaty
between Japan and tho United states
covering tho taking OF a child by her
father
Mrs. Ellis next appealed to the Ros-
ton press 10 enlist help. and the re-
suit was that she arrived in Japan
carly in 1915 under an assumed name
She made attempt to take Olga
away by stealth. but failed Next she
appeared at the fathers house in Tokyo
with her attorney and bailiH bear
ing :, provisional order from the lower
court for the delivery of the child To
hcr on inc plea mat the father was
planning 10 remove her from Japan.
Tn. order was suspended on reprcscn-
tations by the father.
SUIT HRoUGIIT ron
RESTITUTION OF Girl.
In April last year she brought sui,
against the father in the courts Of
Tokyo for restitution of the girl. The
lower court gave a decision in favor
OF the mother. The father appealed
and the higher court now has awarded
the child TO him. There the case rests.
unless it Is carried TO the Supreme
Court.
The Judgment was based largely on
an opinion prepared by Professor
Yamada, Of The Imperial University.
who held that the family law OF Japan
applied 10 the case, inasmuch as
American internn ional law adhcrcs to
the principle OF domicilc. and Mrs.
ELLIS and her husband and child have
legally domicilcd themselves in Japan.
Mrs. Ellis broke into tears when the
decision was given against her and
had TO he helped from the court.