Guardianship of Hansen

This application has been a long time before the court, but the delay in deciding it is not due to the court, except so far as the disposition to come to a correct conclusion has induced deliberation; and in that regard the court has not gone beyond the constitutional limitations.

The facts are, as adduced in evidence: The minor was born July 5, 1875, the parents being Theodore E. Hansen and *184 Frances E. Hansen, who had contracted marital relations in September, 1874; the parents did not live happily together, and after a while parted, the husband deserting the wife, as she alleges, leaving with her two children, one of them, the minor, Theodora, aged at that time four years, September, 1879; the mother being in poor circumstances, under the advice of a friend, gave the custody of the child to J. W. Baldwin, the applicant here, and agreed that he should adopt the child; but he did not do so according to law, and subsequently the mother claims that she repented her agreement, and desired to regain the custody of the child; but upon this point there is a conflict of evidence, as Baldwin denies that the mother ever expressed to him a change of mind, but, on the contrary, he…