The Birmingham age-herald., 1921-08-07
MRS. MOORE MUST RETURN DAUGHTER
 ID GRANDPARENTS
Rehearing of Mary Black burn Case Set for Septem- Der 15 = Grandparents
 to Have Custody of Child

Mrs. Monnie Moore will be required to bring Mary Blackburn back to Alabama and turn her over to her grandparents, MT. and Mrs. John w. Blackburn of Fayette, on Sep tember Is, according to an order issued yesterday by Judge Dan A. Greene, presiding judge of the cir cult court.
 The order provides for the child to remain with them until Septem- Der 26, when the petition of Mrs. Moore to be given the custody of the girl,swill be heard again. In ad- dition the grandparets will pay the travelling expenses of the child from her California home, where she has been since the court gave the custody to her mother, to Fayette.
 This action was taken by the court following the hearing on a petition of attorneys for MT. and Mrs. Black burn that the child be returned to the Jurisdiction of the local court. It is contended by them that since the supreme court of Alabama re- versed and remanded the case Mrs. Moore is under $5,o00 bond to appear in court and should be required to re- turn Mary to the Jurisdiction of this court.
 Mrs. Moore Under Bond
 According to the allegations of the petition, the grandparents had the girl in their custody for five years before the court gave the custody to the mother about 16 months ago, and they are most anxious to have her with them during vacation. This will not in anyway interfere with her scholing, it is pointed out. and as Mrs Moore is under bond to ap- pear in the court of Fayette Septem- Der 1s, to answer charges of attempt ing to kidnap her daughter, it will be necessary for her to come to Ala bama at that time, and this case can again be heard, the petition recites.
 Attorneys for Mrs. Moore contended that under the terms of the bond which the mother was required to give when the girl was awarded to her at the first trial the court can not order the child back to Alabama until the grandfather has first shown that the conduct of the mother to- wards the girl and the surroundings in which she is placed demand her return to the court here.
 Court Decree
 According to Hugo l.. Black, the bond and the decree provide that Mrs. Moore will produce the body of the 1 child before this court on any day designated by the court after the ex- piratlon of Is days from the time she Is notified by the court to do so, and | that this order may be entered by the court at any time the court shall be of the opinion that the welfare of the child shall require it."
 l John H. Bankhead, Jr., represent ing the Blackburns, contended that 1 the supreme court had reversed the decision of the lower court, which put the case where it was before the hearing. and that Mary should be re- turned to the custody of her grand 1 parents. He stated that Mrs. Moore was under bond to produce the child in court if the decision was reversed and he expressed the opinion that this should be done, as her grandparents wanted to see Mary.
 | Lengthy Hearing
 The custody of Mary Blackburn 10-year old girl, was given to Mrs Moore more than year ago former | ing thy hearing before former Judge Horace Wilkinson, and attract | ed much interest throughout the I IT,. ,,-l K. legal battle. As the case now stands f Mrs Morre will again have to prove | to the court that she is the proper and fit person to rear her young daughter, while it is understood that the grandparents of the child will at tempt to prove otherwise.
 John H. Bankhead, Jr., and c. P Beddow are representing the gsand- parents of the girl, while Hugo l. IBlack and E. c. Harris are. represent ling Mrs Moore.