The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1920-11-02
WE'D ANOTHER NAN
Waited Seven Years for Her.
She Married Another.
He Also Served Eighteen
Months in Prison.
CASE REVEALED MONDAY
Mrs EuI0 HorhOld ASES p0SSaS.
Mrs. Eula HerbOld Asks Posses
sion of Her Child.
Judge WhitcOmb Continues
Trial for More Evidence.

The story of a man who served
eighteen months in prison for her"
and how he had waited seven years
only to see her welded to another
man. was revealed Monday afternoon
in Judge George Whitcomb's division
of the district court when the petition
of Mrs. Eula Herbold for a writ of ha-
beas corpus to obtain possession of her
baby came up for hearing.
Case Is Continued. s
Attorneys for Mrs. Alice Anderson,
519 Locust street, who has possession
of the baby, Clifford Herbold, attempt
ed to show that the mother had been
living with Jess Sutton, of Sapulpa,
Okla, as his wife. Judge Whitcomb
continued the case until further evil
dence could be obtained. Mrs. Her
bold was allowed to take her baby to
the home of her parents, Mr.. and Mrs.
George Pratt, 22S Kline street. under
$1,000 bond.
few months ago Clyde Herbold,
son of Alice Anderson, was arrested
for stealing some tires. He skipped
his bond and disappeared, leaving his
pretty youn wife and their 2-year-old
son, it is said. Mrs. Herbold went to
live with the Andersons. Later she
SuttonS. Jess Sutton, son, lived
few blocks from them. Attorneys for
Mrs. Anderson say Mrs. Herbold and
Sutton admitted that they were living
together as man and wife. Becom-
ing suspicious, Harry Anderson. Alice
EAnderson's husband, wrote to Eula to
bring the baby home. Eula declined
Attorneys for Mrs. Anderson then went
ito Sapulpa and brought the baby and
it's young mother to Topeka. Mrs
Herbold went to live with her parents
and started a divorce suit against her
missing husband and habeas corpus
proceedings to get her baby. Mrs. Her
bold, on the witness stand Monday,
denied that she and Sutton had been
living together, but declared she had
been staying with Sutton's parents.
Prison Record Unknown.
Just what Sutton spent eighteen
months in an Illinois Jail for appears
not to be known by attorneys for
either side. But that she loved him
and he loved her, Mrs. Herbold adj
mitted on the witness stand. Mrs. An
derson is asking for her sons child on
the ground that Mrs. Herbold is not
fit person to care for him.
Ed Rooney, attorney for Mrs. An
derson, introduced in evidence two
letters written to Harry Anderson, one
by Sutton and one by Mrs. Herbold at
the time she was living in Sapulpa.
It appears that Mrs. Anderson had
undergone "a serious operation at this
time and Mrs. .Herbold expressed anx-
iety for her safety. at the time ex-
planning why she could not bring her
baby back to Topeka.
Writes Him Letter.
In her letter to Anderson she said
in part, referring to Mrs. Anderson:
LAS far as trying to keep Clifford
away from her or Clyde either one.
that is something I am not trying to
do, but 1 don't think his father de-
serves seeing him, for as things are
Clifford will be taken care of and edu-
Gated and that is netting he
wouldn't get if his father had it to do.
Harry, I know that you both have
been friends to me and treated me
right and 1 appreciate it very much,
but who was the cause of you people
having to do what you did for me?
Harry, 1 figure this way, that the one
who is paying my way and the babys
way, which is Jess who just served
eighteen months in the penitentiary
for me because Clyde got me instead
of him-do you think he has done
time enough for me or not? If it was
a case of yours would you let your
woman leave you after you had such
a time to get her as he has me? How
would you feel about it?"
The letter written by Jess to Harry
was inclosed. He began it Dear I'm
know Friend" and it read in part:
81 don't think there is anyone on
earth who thinks more of Eula and
Clifford than 1 do and say, Harry.
am goin to tell you just how 1 am, for
Eula said you did not know. have
just got out of the penitentiary after
serving eighteen long months and 1
did it just because / thought that she
was gone from me- and she is all in
the world have got to care or live
for and L love the baby and will make
him home and do the best 1 can
for him. AS for Eula coming up
there, Harry, 1 never told her she
couldn't come. was sick myself and
Just told her hated to see her go,
for Harry I have for seven years try
ing to get her and 1 just thought /
ought to get toget to be with her for
while anyway"
Pied For Chance.
Jess said he had months parole
to serve and plead for a chance to
"get on his feet and take care of
Eula and the child. On the witness
stand Mrs. Herbold said that Sutton
tainted when she told him she was 60
ing back to Topeka at Mrs. Anderson's