The Leavenworth echo. [volume] (Leavenworth, Wash.) 1904-current, 1919-10-31
SUIT FOR POSSESSION OF
CHILD COMES TO AN End
Child Awarded to Father, Prominent
LeavenwOrth Business
Man.

In the case of McClain VS.. McClain,
which has attracted much attention
among local people, and which was
tried in the Superior court at Wenat-
chez, beginning on Monday of this
week, Judge VIM. A. Grimshaw on
Wednesday, after trial lasting near
ly three days, granted to Eugene Nc
Claim, the manager of the Leaven-
worth Mercantile Company at Leaven-
worth, the custody of his son, Eugene
McClain, Jr. The action was brought
by Rhoda McClain, the former wife of
Mr.. McClain, who alleged that he left
! Texas in 1914, bringing the boy with
| him in violation of the decree of the
Texas court, and asked that the boy
be awarded to her. The court denied
her petition, but has granted her
leave to visit the child once week
at Leavenworth, if she desires to do
so, and indicated that in case she
should establish residence in this
county that he might award the child
to her for a portion of the year, but
that he would not do so until after
the close of the school year. The court
in his opinion complmented the IA
ther and stepmother, Mr.. McClain's
present wife, on the manner in which
they had brought up the boy since
the time when he left Texas, and in
giving his decision stated that the
only thing which could be considered
by him in the case was what was best
for the welfare of the boy. On this
ground he refused to return the boy
to the mother. The decree of the
Texas court had awarded Eugene to
the alternate monthly custody of the
father and mother, and the court held
that such decree was utterly imprac-
ticable, especially after the child had
reached school age, and could not be
binding on this court. The boys
mother claimed to have spent hun
dreds of dollars in her effort to locate
the boy after he was taken away from
Texas. She was weeping when she
left the court room after the trial.
The plaintiff was represented at
the trial by Mr.. Falknor, of the firm
of Poe G. Falknor, of Seattle, and by
C. B. Hughes, of Wenatchee, while
Mr.. McClain was represented by at
torneys Herman Howe, of Leaven-
worth, and A. N. Corbin, of Wenat-
chez.
One of the exciting moments of the
trial was when the boy himself was
called as a witness by the attorneys
for defendant, and when asked what
his wishes were, replied that he want
ed to live with his daddy" On cross
examination as to his feelings toward
his real mother he broke down and
cried, but still stoutly maintained that
he did not want to go back with her
to live. He could remember but faint
" his life previous to the time he was
taken by his father from Texas.
Rev. C. H. Cleaves, of Pocatello,
Idaho, also made a strong witness for
the father and testified as to his in
innate relationship with him, and his
care of the child during two years
that Mr.. McClain and the boy were
at Roseburg, Oregon, previous to the
time he came to Washington. Mr..
Cleaves had been chosen as the rep
resentative of the State of Idaho to
| the National Council of Congrega-
tional churches of the United States,
which was to meet at Grand Rapids,
Michigan, October 21 to 20, and al
tho all of his expenses were to be
paid, and he had intended to visit
his parents on the trip after being
away from them several years, he vol
unfairly gave up the trip, and even
left the State of Idaho unrepresented
| in the conference in order to testify
for Mr.. McClain at the trial. MINER
Gus witnesses from Leavenworth and
Wenatchee testified as to the home
| life of Mr.. McClain and his present
wife, and depositions of prominent
men in Waco and Moody Texas, Mr..
McClain's former home, told of his
godd character and reputation there.
Eugene has been going to school in
Wenatchee during the past two
months, having been placed in the
custody of Mrs. C. H. Lodge at that
place pending the trial of the case,
but he returned to Leavenworth with
his father and stepmother Wednesday
afternoon. Mr.. Cleaves and Mr..
Howe also returned to Leavenworth
with them. The boy will start in to
attend school here Immediately.
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