South Bend news-times. (South Bend, Ind.) 1913-1938, 1919-01-05
KIDNAPPING CASE
To END MONDAY
Judge Funk viii Render His
Decision in HabeaS Corpus
Proceeding.

Which one OF Lillian Jordon's
grandmother viii be given posses
sion OF the 4-year-old child. whose
father is IN the Canadian army in
England and whose mother and
stepfather are facing criminal pros
ecution on charges OF having kid
naped her on Christmas afternoon.
Will not be decided by Judge Walter
A. Funk In the St Joseph's circuit
court until . O'Clock Monday morn
ing. when ne hands down his deci-
sion IN the legal battle being waged
Tor the custody Of the child.
The habeas corpus proceedings.
brought by Mrs. Sarah Jones. moth
ct Of Albert JordoD, the father OF
Lillian. in an effort TO gain the Gus
tOdy OF her granddaughter. began
in the circuit court at O'Clock Sat
urday morning and were not CON
eiuded until O'Clock Saturday az
ternoon. after which Judge Funk
announced that he would take his
decision under adviscment until
Monday morning
Although the attorneys or both
sides declared that they would con-
iine themselves merely 20 the legal
aspects OF the proceedings i'm order
TO conserve time. much effort 20 eX-
pedite the hearing was not appar-
ent on either side
However. Attorneys Charles 4
Hagerty and G.. A. Farabaugh. rep
fesenting the four defendants in the
action. confined themselves to tho
fsgal phases OF the case, basiug their
defense on the contention hat Mrs
Jones was not IN court, and that II
she had been I'm court. she had failed /
10 comply with the law governing
habeas corpus proceedings I'm thar
she had not shown that she had
Ony time demanded the custody OF
Lillian from Mrs. Mary Zimmerman
the mother OF Mrs. W. r. Rooney.
and 20 whom JordOn gave the GUS
tody OF Lillian after his divorce from
Mrs Rooney and before his depar-
ture for France.
Attorneys Samuel p. schwartz and
Barry Scanlon. representing Mrs.
Jones. spent the morning session in /
examining witnesses for the plaintiff
PENDANTS i'm the kidnapping charges
brought BIZ Mrs. Jones against Mr..
and Mrs. Rooney and Gus thinner
man and his wife. and one of the
defendants I'm the habeas corpus pro-
ceedings was one of the main wit
nesses. being placed on the stand
early in the proceedings.
Mr.. Scanlon attempted TO show
by Mrs. Zimmerman that she had
been told by Mrs. Jones of the re
Ceipt by the latter OF a letter from
IOrdon. transferring the custody Of
lillian from Mrs Zimmerman To
Mrs. Jones. However. Mrs. thinner
man denied that she had ever been
told by Mrs. Jones OF the contents OF
such a letter and that she still be
lieved that she has the rightful Gus
tOdy OF Lillian as conferred upon
her by Jordon just before he left
Tor service in the Canadian army.
May 10. 1917. Mrs Zimmerman
also stoutly maintained under exam
ination by the attorney for the plain
tiff that II was she who took Lillian
from Mrs. Jones on Christmas after
noon. declaring that il was neither
vi = ANbFINgf the tlAAAN - AlNAlANAf
nor Mr.. Rooney her stepfather.
Mrs. Rooney. although one OF the
defendants in the criminal and ha-
beas corpus proceedings. was placed
on the stand by the attorneys FOR the
plaintiff in an effort 20 get her to
admit that she believed that she
now has the rightful custody 10 her
4-year-old daughter. Mrs. Rooney.
however. declared that she knew
that the only right she had 90 the
child was that given her by Mrs.
Zimmerman.
The plaintiff based her claim for
custody OF Lillian. and also brought
the habeas corpus proceedings on
letter received from Jordon some
time In the latter part OF july ~
the early part OF August. in whicn
the father is claimed 10 have trans
ferrcd the custody OF the child from
Mrs Zimmerman 10 Mrs. Jones.
Several witnesses were examined
by both sides during the hearing
the testimony tending 20 show 90
whom the custody OF Lillian belongs.
Judge Funk viii rule Monday on
the legal claims of the contending
sides.