The morning news. [volume] (Savannah, Ga.) 1887-1900, 1895-03-07
THEY DIDN'T WANT TO GO.
THE HERNANDEZ CHILDREN PRE-
FEEHED TO REMAIN WITH
THEIR sTEPAIOTHER.

Judge FerriI Gave Them TO Their
PnternaI Uncle because Mrs Her
nandez Contemplated Taking
Them Away TO philadelphia,
which Would Separate Them
Prom Their Blood BeIatives-Mrs.
Hernandez Gave bond and Kept
the Children Pending an Appeal
to the superior Court-R. G. steeR
and y. X. Hernandez Almost Come
to BIoxys-steen Placed Under Bond
40 Keep the Peace.
Following the decision Of Judge Hamp-
ton i. Ferrill yesterday. giving Jane Eliza
beth and Julia Hernandez into the custody
OF their paternal uncle, Mr.. Z. r. Her
nandez. some interesting and rather pa
+ theuc scenes we're enacted.
At the conclusion OF the testimony and
arguments Judge Ferril decided that both
! p. r. Hernandez and Mrs. Thyra NJ NJ.
/ hernandez. the widow Of J. J. Hernandez,
were fit and proper persons TO have Gus
toby OF the children, but in view of all the
/ facts in the case. as she intended taking
them 10 Philadelphia. away from their
blood relations and beyond the jurisdic-
/ ton Of the court of ordinary, he decided to
/ grant the writ OF habeas corpus and give
| the children to Mr.. l. r. Hernandez.
While a consultation was going on be-
/ tween some Of those interested in the suit.
I Miss May Hernandez took one Of the chill
I dren by the arm and started toward the
/ door. The children were both crying and
] Insisted nv, rer, q frfror NTH thar sto-
mother r. G. Steen, a brother of Mrs
I Hernandez caught hold OF the other arm
OF the child as if to hold her back. when
Mr.. f. R. Hernandez. coming up. said;
You can't take that child, you have no
right to do so.
Mr.. Steen made some such remark as
I'm get even with the brute" and started
to strike Mr.. Hernandez. But as he did
so he was caught by some one in the office
and his arms were held. After a little
reasoning with him he was shown the mis-
take he was about to make and desisted
from any attack. It was on this account
that Mr.. Hernandez afterward had peace
warrant sworn out against him in Justice
! Reynolds court.
ENAAtAEb On DQkn Sues oA INT case was
| introduced yesterday, and IL was shown
| that considerable animosity existed be-
! tween the stepmother of the children and
their blood relatives. The stepmother is
/ a Protestant, while all the members Of her
former husbands family are Catholics,
/ and this feature had something to do with
1 the case. Their father, J. ]. Hernandez,
was Catholic, and il was desired by their
blood relations that they should be
/ brought up I'm the Catholic faith.
The principal feature of the case, how
! ever, was the fact that Mrs. Hernandez,
/ the stepmother of the children contem-
/ plated leaving Savannah for Phadel-
/ phia and taking the children with her
| All the blood relations Of the two little
| girls live here in Savannah. and, being
minors, with some property left them
| by their father, they are under the juris-
/ diction of the court of ordinary. Their
/ grandfather Mr.. Thomas l.. Hernandez
! stated that it was best that the children
/ should remain with their blood relatives
/ in Savannah. Otherwise, he said, he did
not raise any objection to Mrs. Herman
| DEE having custody of them.
Judge Ferrin took these matters into
| consideration. and decided, from the ev-
| idence, that both the paternal uncle and
! the stepmother were fit and proper per-
/ sons to have custody and control of the
| children. but said he would give them to
! e. r. Hernadez because OF the contem-
! plated removal of Mrs. Hernandez to Phil
/ adelphia beyond the jurisdiction of the
/ court Of ordinary, and away from their
/ blood relatives. He ordered that the tenn
| porary letters of guardianship heretofore
| granted to +. r. Hernandez stand unre-
/ volged
When his decision was announced both
the children cried, seemingly at the
! thought of leaving their stepmother She
was DESTROYS. however, of continuing the
contest in the courts, and Mr.. Dempsey
] Griffin, her attorney, stated that he would
appeal from the decision to the superior
/ court Messrs. W. r. Leaken and w r
| Hardee, attorneys for Mr.. y. r. Herman
dez consented. provided a sufficient bond
was given. Judge Ferrill agreed TO leave
| the children in the hands of Mrs. Herman
| DEE until the matter could be decided be-
/ fore jury in the superior court, provided
| bond in the sum of 81 600 was given. When
| Mrs. Hernandez went to the Pulaski house.
where she is stopping with the children
| they were in the custody of deputy sher-
| iff but last night the bond was given
! with Mr. Thomas NJ. Fleetwood as surety
and Mrs. Hernandez again assumed con-
/ troll of them.
Mr.. e. r. Hernandez stated yesterday
! that the trCEble bewteen the stepmother
! of the children and their blood relations
| dated back a long ways. lie said the al
legation made by her that he was his
| brothers most bitter enemy was not
/ TACT, Tor athQugn there nad been some
/ differences between them prior to his
4 brothers death, they were such as had
! grown out of her entrance into the family
and he had never had any harsh feelings
/ toward his brother He said the children
/ had been somewhat embittered against
| him by her, and that neither he nor any
/ of their blood relatives had been allowed
/ by her to see them. An effort will be
made to bring the case up for trial at the
March term of the superior court.