The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1935-06-22

Geckler, the individual, both
of habeas corpus demanding
Monday Of siX-year-old JAG
queline Gioscio.
The amended writ was
granted by Circuit Judge Earl
r. Cox to attorneys for Mrs.
Mary Gioscio, 131 n. Noble-st,
grandmother of the child who is
seeking her release from the Board
of ChildrenS Guardians home.
A writ not naming Judge Geek
Ter but demanding the girls pres
ence in court yesterday was the
center of a court battle which was
continued over the weekend when
the child could not be found any
place.
The amended petition for the writ
charged that the child, who was not
at the home when Sheriff Otto Ray
attempted to bring her into court
yesterday, was illegally held and
was removed from the home con-
trary to law.
Promises Appearance Monday
In Circuit Court yesterday, Judge
Geckler defied Judge Cox and his
order to have the child in court in
answer to the proceedings.
Some one will go to Jail for di-
rect contempt of court" said Judge
Cox. unless the child is in court
Monday"
Judge Geckler today said that the
child will be returned to the Board
of Childrens Guardians Home BY
/ or 2 this afternoon and that the
child will be available for appear
ance in Circuit Court Monday. He
would not tell where the child has
been.
Last night, however, Judge Geek
Ter told The Times the child was
back iii the home. Deputy Sheriffs
Who sought her there yesterday
morning were told the little girl
had been removed the day before by
an attache of Juvenile Court on
Judge Geckler's order.
officials of the home said today
the child was not there.
Taken for a Little Walk"
"She was just taken out for a
little walk. She is back at the home
now" declared Judge Geckler last
night, but attaches there said she
was not.
The f1are-up between Judge
Geckler and Judge Cox occurred
yesterday afternoon when the child's
grandmother, Mrs. Mary Gioscio, 131
N. Noble-st sought custody of the
child.
The grandmother said she was
given custody several weeks ago in
Superior Court when the mother of
the child obtained a divorce from
the father.
A dispute Of jurisdiction and
whether the Juvenile Court or the
Superior Courts order regarding the
child prevails will be decided by
Judge Cox, Monday.
Shakes Finger at Judge
Judge Geckler sent the child to
the Board of Children's Guardians
home after the parents had been
charged with child neglect. The
Juvenile Court ruling was made be-
fore the divorce action, Judge Geek
Ter says.
During yesterdays hearing on the
corpus petition Judge Geek
Ter said: Il recognize no power Of
any court in Marion County" Judge
GeckIer declared he had exclusive
Jurisdiction of juvenile matters in
the county.
Judge Geckler, according to Cir
cult Court attaches, shook his finger
at Judge Cox saying, "You or no
Judge in Marion County can over
rule me on this matter, whether
have made a mistake or not"
Il hope when you say you that
YOU are referring to the court and
not to me personally. I don't know
whv I should be made the subject
of this ridiculous procedure" re-
torted Judge Cox.
Home Is Not Involved
Maurice Tenant, attorney for
the defendants in the habeas corpus
action, said the Board of Childrens
Guardians Home was not involved
in the dispute because the child
was not in the home.
Judge Geckler said he would place
the child in suitable home if and
when the parents can agree on a
home.
He said he would not permit the
grandmother, who was given Su-
perior Court custody of the child,
to have the child.
The child is a ward of the court
and I can place her anywhere 1
want at any time" said Judge
Geckler as he refused yesterday to
reveal the child's whereabouts to
men.