100 years ago: Father fights for custody of estranged child

From the Lawrence Daily Journal-World for Feb. 27, 1916:

“Father contested against son in district court yesterday over the possession of a child. The case was that of Joseph H. Schooley of Kansas City who had applied for a writ of habeas corpus to secure possession of his own child, Ruth Schooley, an 11-year-old girl, who now lives at the home of her brother, Sylvester Sparks Schooley, a farmer three miles northwest of Lawrence. In 1911 when Mr. and Mrs. Joseph H. Schooley were divorced, the custody of Ruth was given to Mrs. Schooley, who died in 1913. Since then the child has found a home with her brother. Recently Joseph H. Schooley married. He is living in Kansas City where he is a bakery salesman. At the hearing yesterday afternoon he told Judge C. A. Smart of his longing to have his daughter in his new home…. And Ruth Schooley was placed on the stand to choose between father and brother. She chose her brother. In presenting the reasons why he should have the child, the elder Schooley stated that Sylvester is married and himself has three children. Judge Smart denied the application of the father, and Ruth is still living with the family of her brother. Sylvester Sparks Schooley is a graduate of the engineering school of the University in the class of 1913…. ‘Of course the child would choose her brother rather than me,’ the elder Schooley said. ‘I have not seen her since she was 6 years old, and she really does not know me at all…. I am opposed to her being in the custody of Sylvester for several reasons – first because she is my daughter, and secondly, because Sylvester and his mother are the ones who attempted to have me adjudged insane in the probate court here about six years ago. Because of his attitude toward me I do not believe it is right for him to rear my daughter. He either would keep her in ignorance of me or would prejudice her against me.'”

“St. Patrick’s day, March 17, is the date by which K. D. Klemm, president of the Kansas City, Kaw Valley & Western interurban road, hopes to begin the regular transportation of passengers from Lawrence to Kansas City. This was the date mentioned by Mr. Klemm when he was in Lawrence this week. He admitted that he was perhaps a little optimistic and that the regular traffic might not be started by that time…. They say a good deal of work remains to be done on the road bed before it is in good shape for passenger service, though freight traffic has now been maintained for a good while. Gangs are at work ballasting the track between Lawrence and Bonner Springs and lately this work has been resumed with greater vigor.”