The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1919-05-29
ROMANTIC TRIAL
4 Err INMATES ! IN
SUPREME COURT
Wilton Family Awarded Legal
Custody Of Little Girl They
Adopted as Babe
INTERNATIONAL INTEREST
Love Affair Tragic But ''They
Were Married and Lived
Happily Ever After"
INTERNATIONAL INTEREST

Were Married and Lived
Happily Ever After"
The rights of q foster mother to q
I,littlesp spne whose first childish prayers
were lisped at her knee; whose moth
LerhOod was the only one that her
adopted daughter knew, were upheld
by the supreme court of North Dakota
Yesterday when it affirmed decision
of Judge W.,L. Nuessle in district
court in the action brought by Anna
Beckwold Larson for the recovery Of
|her little daughter, adopted from q
Fargo maternity hospital, when only
few days old, by Mr.. and Mrs. Frank
Dutton of Wilton.
The case is one of the most roman
tic that has ever been brought to the
attention OF the supreme court, and
the opinion OF the court, whitten by
Chief Justice A. M. Christianson, and
the especially c0ncurring opinion OF
3ustice j. E. Robinson are real liter
ature. Justices Bronson and Grace
dissent.
Paramount Considerations.
THE court holds, that in determining
the custody of child the paramount
consideration is the, child's welfare;
that q habeas corpus proceeding Is not
|triable anew In this court; and that
where the findings ina habeas corpus
proceedings are based on parole evl'
ienco thy will not he disturbed un-
less they are shown to 'be clearly
wrong.
. History Of Case.
Anna Beckwold was sprightly
maid of Christiania when she met ct 9
party Bjorne Larson, q gallant sailor
lad. They discovered a mutual attrac:
|tion, and when a day or two later
Bjorne was called to Germany to EN-.
bark for China, where q position at
250 Mexican dollars per month await,
ed him, Anna accepted his invitation
to accompany him to Berlin for a
holiday. There they spent the night.
A few months later Anna discovered
she was about to become a mother.
Rather than have her family disgraced
she scraped together enough money to
come to America, where she had q
cousin in the Dakotas. Here she found
employment as a domestic, and here
her child was born in Fargo matern'
ity home, where Anna, having been In.
formed by her cousin that it would be
difficult for her to find employment
with baby on her hands, signed away
all rights to her little daughter. In
this home a few days later the Dut-
tons found the baby girl and adopted
her, They had been fifteen years
married. were childless, and the fair
Ehaird little babe Immediately assumed
an impprtant Place IN their home at
Advisss r atl,er.
It was not until about this time that
Anna, who had been corresponding
with BjorneJ advised him that he had
become father. There had been no
thought or discussion OF marriage dur
ing that Berlin holiday. Bjorne, how
ever. Immediately displayed fatherly
and proprietary interest In his little
daughter. His next letter brought q
substantial draft and plans for his
coming to Amrica, for his marriage
with Anna and for the future of their
child. Anna did not disclose In her
later letters to Bjorne that she had
given their daughter away. It was not
until advice finally came that Bjorne,
with money a.plenty for the establish
ment for a home, was en- route to
America that Anna appears to have
been fully impressed with the predica-
ment in which she was placed.
Explanation Forced.
Bjorne came on; Anna was forced
to explain Bjorne seems to have
been somewhat of man. He insist
ed that the marriage should proceed,
and that they then seek to recover
their little daughter. There was we'd
ding. The child was traced to the
Dutton homes Action was brought by
habeas corpus in the Burleigh county
district court to wrest possession OF
the little girl, from the buttons. Mr..
and Mrs. Dutton produced the beauti-
full little lass In court, where she sat
clasped to the breast of her foster
mother. having not even glance for
the sob.wrecked woman who had
borne her. Mrs. Lars0n's contention
CONTINUED on Page Eight.)