In Re Britt

Andrew J. Britt, father of Ruby Britt, a minor child of the age of seven years, sought to obtain the custody of his daughter, who is now in the care of her grandaunt, Amanda Starkweather, a resident of this state. Upon his petition a writ of habeas corpus was issued and the matter has been heard upon record evidence, stipulated facts, and depositions.

It appears that Britt and his wife and child resided at Kansas City, Missouri, where he was employed as a night watchman and a painter. On the 7th of July, 1910, Mrs. Britt, who had been in failing health, went to Colorado in the hope that the change would benefit her. Andrew Britt, according to his own testimony, accompanied her to the train, having given her the money necessary for the journey, and he kissed her good-bye. Within a very few weeks after her departure he filed a verified complaint charging her with adultery and also with deserting him on the 7th of July, 1910, the day upon which she had departed with his full approbation. We cite this incident as one of the indices to the character of Andrew Britt which this record furnishes. Mrs. Britt did not know of the existence of this complaint until September, 1911, as she…