The herald., 1896-03-08
Eta Hornaday the Innocent
Cause of Much Contention
EN- UNDER SUSPICION
A Fight to Be Made to Obtain q New
Trial for Marshall
A Deed Of the Days Of Pio Pico Causes
Troub!e-To Gust French
Directors

Tho habeas corpus proceedings instituted
BY Mrs. Hattie Estudillo to recover pos
session of her little daughter Eta, came up
in department one of the superior court yes
terday, but the case was continued until
tomorrow morning at o'clock.
The story as told by the mother OF the
child. a full account of which appeared in
the HERALD yesterday, is interesting, and
the element of interest is very much en-
HANGED when the account of the manner
In which the tiny little tot, Eta Hornaday,
passed into the care of MIR. and Mrs. Wat
terson is learned, from the standpoints of
the child's present guardians.
Attorney J. B. Harmon is watching the
interests of the Wattersons, and in telling
their side Of the story in which the future
happiness of little Eta is 50 closely in
volved, the reflections which are almost of
necessity cast upon Mrs. Estudillo's char
acter, are the natural and inevitable re-
suit of the aggressive action she has taken
IN bringing the case into court. 1t is about
two years ago that Mrs. Rornaday was
divorced by her husband. Edward Horna-
day, who continues to live in the city. OF
the two children that resulted from that
union. the eldest was awarded to the father
and the younger one, mere infant, was
left in charge of the mother. Previous,
was obtained, Mrs. Hornaday had
conf1ded the infant to the care of the Wat
tersons upon the understanding tnat they
should adopt it. About six months later
the mother demanded the return of the
child, and although both Mr.. and Mrs.
Watterson had become attached to the lit
tie girl. they fully realized that they had no
valid claim to her and 80 she was returned
to the mother. Only two weeks had elapsed
from the time Mrs. Hornaday removed
Eta until she brought her back, restoring
her to the Wattersons, who were quite we'll
pleased to have the little one with them
again. 1t was nearly eight months later
that the sudden illness of Mrs. Watterson's 9
mother in Boston made necessary . jour-
ney. and of course Eta was taken along.
Quite recently Mr.. Watterson had occasion
to return to Southern California on busi-
ness, and neither he nor his wife having
heard of Mrs. Hornaday since the tins
when she made return of Eta. he thought
proper to find her out in order that the
necessary steps might be taken for the
legal adoption of Eta by himself and wife.
As matter of fact, Mr.. Watterson claims
that he never even knew that Mrs. Horna-
day had changed her name until he was
served with the writ in the present pro-
ceedings and saw the name OF Hattie Es-
tudillo. Meantime he is not losing any
sleep through fear that he will be made to
surrender the child Etta to the mother.
During the very limited time at his dis
posal since he knew that Mrs. Estudillo
was about to contest the right of himself
and wife to the charge OF Eta he has been
enabled to CLEAN sufficient information
that, when certified to in open court, will
assuredly prompt the court to refuse to en-
trust child of tender years to the care of
any such person.
1t is claimed that there is even doubt
As to whether Mrs. Estudillo has legal
right to bear that name at all. and if so it
has been acquired very recently, albeit she
has been living with the man whose name
she bears for very nearly two years past.
At all events she is known to certain of the
law officers as of more than doubtful repu.
tation, and at San Pedro, it is boldly as.
serted, she for three weeks served as g
waitress in restaurant merely as cloak
to much less moral occupation.
Briefly stated this is the skeleton outline
of the story that will be told in bahalf OF
the Wattersons tomorrow morning. When
Mrs. Estudillo received visit recently
from Mr.. Watterson she appointed a time
for conference that the matter might be
definitely settled, and her child Eta form
ally adopted. Inasmuch as the next com
munication Mr.. Watterson received from
the mother of his ward was when the wri
was served upon him he, not unnaturally
is inclined to think that her actions are
prompted less by maternal solicitude thar
by the hope of financial gain.
In any case the matter will be threshed
out before Judge Smith on Monday morn
ing when. doubtless, the true inwardness
of the difficulty will be made clear.