Show rr 1 CASE BEFORE Legal Fight for Possession of Little Lenine on In District Court The Tha le legal al fight of Josephine and James FIsher father and mother of James Lenine Fisher year old bo boss year B for possession of the lad opened open open- opened opened ed this afternoon In the district district court before JUdge Jud James N Kimball The Tho mother who pas as divorced from Fisher Asher in Seattle Wash Vasil in 1921 recently took the lad from a ait it San FrancL Francisco co home where it was wasa wasn n 11 the th custody custod of oC the tho father and Monther her ber journey to Butt Butte Butto Mont her upon home homa She was ns arrested here her up- up up on a I charge charee of n when nhen hen she stopped to change chango trains She Sho and her son W were ro kept In the city jail overnight liberty The woman Is now at lib lib-I lib lib-erty erty and the Is in the th custody of r f I future ton Jon until tho c court dec rt decides d his fu- fu fu ture turo home The Tho father Cather through his s W ir II Reeder Jr and A E U Pratt I tiled filed petition for writ of oC habeas cor- cor corI corpus cor corpus I pus for release of the tile boy In posses posses- sin sl n of oC the father The petition Is being heard this afternoon noon FILE ANSWER L J Holther and Joseph B Bates Bales s for the t woman oman Oman filed riled an an- an answer answer an to tho petition this morning In Which they ask the tho th court to award the tho child to the tho mother They allege that the tho child has been kept In D a a home borne In to San Francisco sep sep- sep arat arate separate from the fathers father's home and that ho he h has been neglected They claim that he has bas not been given the tho proper medical care and attention The answer sets forth that It If the lad Is returned to the thc father he h will return to an environment en and influence once ence which would be ad adverse to the tho best Interests of the tho child I In the th answer the aci o the tho mothS moth moth- 8 fr r In taking the child from the n S 1 home Is admitted The Wo- Wo Woman wo woman man went ent to the th house the lad was vas kept kelt and upon pretense that she was to take him to lunch ho WM was permitted to go so with herl heri She Sh im- im immediately Im Immediately mediately departed for Butte RS ril ll Is Yesterday the woman n weakened In her decision to carryon carry on her fight for possession ot of t th the child claiming she feared the Influence which would be brought bout about aJ out by friends of her hus- hus husband hus husband band which she sh claims are ar radicals and communists She also declared her husband a radical 1 and exhibited many letters and papers to bear out outher outher outher her statement She one ono dOc dOc- dOcument document doc document which she claims shows that her husband Intends to raise ralso rals the boy under the Influence of oC radicalism and In another ho he ro- ro refers re refers fers to the th lad as little Lenine Lonine she said slier III er attorneys bolstered up her courage and later In the day she he de- de decided decided d to carry through the th tight fight Last night however she h declared she would not exhibit the letters from her husband in court and d theIr return from front her s Jo To Today day however she is said to have hae promised she sho sh would again caln place the papers in the th hands of Mr n She Sh Is seeking the return of o her child on the ground that her husband Is an Improper person to have custody of him The child seems to prefer remal- remal ine fag ing with his mother although this morning he h met his father In tho county building while In custody of Mrs Ritter and hug hugged d 1 him |