His convictions in this matter were respected. He was allowed to affirm, and was then taken to the Miami County jail. After his incarceration it developed that two of Weiss’s children were living with a Mrs. Smith in Dayton, Ohio—two bright little girls—and that there would have to be some provision made for them, as Mrs. Smith was simply boarding the children and was unable to keep them unless their board was paid. Mrs. Smith wrote a letter to Weiss setting forth the facts, to which he replied that she should “take the children to the office of the United States Marshal and leave them there.”
Mrs. Smith brought the children to the office of the United States Marshal, who made arrangements with the Juvenile Court to place the children in the Orphans’ Home, where they were to be cared for until Weiss was released. Weiss was arrested on October 24, 1918, and on account of good behavior, was granted a parole on November 14 and was released from the Miami County jail on December 5, 1918. Immediately upon being granted his freedom, after having complied with all the rules and regulations governing his parole, he went to the Juvenile Court and obtained release papers for his two children, who were confined in the Orphans’ Home, the Judge of the Juvenile Court having been notified that Weiss’s behavior since his incarceration had been first-class and it was thought that he really had a change of heart. But it was the same old story of “Kamerad! Kamerad!” As soon as Weiss had obtained the release papers for his two children he presented himself at the institution where they were being cared for and demanded them immediately.
“They are in school now,” replied Mrs. Hartrum, Matron of the Home, “but will be dismissed in about twenty minutes. Won’t you be seated and wait for them?”
“No,” he replied, “I’m tired of this damned dirty red tape. I want them right now.”
Pauline, the office girl, hearing Weiss’s remark and fearing trouble for the teacher, ran to the school and related what she had heard, so that in case Weiss came to the school to demand the children, the teacher would be prepared for him. Pauline was right, as Weiss refused to wait for the coming of his children and left Mrs. Hartrum, going to the school and demanding that the children be turned over to him immediately. He was told that school was just being dismissed and that he should wait at the door for the children and could get them as they came out. When he at last obtained possession of the children he took them toward the Home and was met at the gate by Pauline, who told him that Mrs. Hartrum had requested that he bring the children in that she might change their clothes, as they were wearing the uniform of the Home. Weiss struck at Pauline, saying: “I’ll knock you down and slap your face if you don’t keep still.”
Pauline rushed into the house to tell Mrs. Hartrum and Weiss followed closely behind her.
“I want my children and I want them now,” said Weiss.
“You can have them as soon as I take them to their room and change their clothes,” replied Mrs. Hartrum.
“You will not take them from this room. I’m G— d——d tired of this red tape business, I’m not going to wait, and don’t you dare to take these children from this office.”
Mrs. Hartrum replied that she would take them to their room and change their clothes and then bring them back. Whereupon Weiss pushed Mrs. Hartrum backwards and she fell into a chair, her head striking a table nearby, and he then struck her as she lay on the floor, took his children and hurried down the street to a Fifth Street car.