The herald., 1897-08-06
THE ARGUELLO CASE
The Children Awarded to Neither
Parent

Quite a large gathering of Spanish
speaking people assembled in depart
ment six yesterday morning to watch
the legal fight that Mrs. Encarnacion
Arguello is making against her ex-hus-
band who is one of the best known
mounted police officers on the city force.
At the time of the divorce the three
small children were awarded to the
mother on account of their tender age.
and the present action was instituted
by the father to recover custody of the
little ones, on the ground of the mothers
drunken and immoral habits. Last week
the hearing was adjourned on account
of the absence of Attorney Montana.
representing Mrs. Arguello, and yester
day the wife's side of the story was told.
Mrs. Arguello has been very much
handicapped in proving herself of good
moral character by the fact that quite
recently she gave birth to twins. She
was combative, and showed a determi-
nation to combat her eX-husband's claim
for the children.
She went upon the witness stand yes
terday and told quite a curious story
regarding the conduct of affairs in her
home. She emphatically denied ever
at all save at her meals When she
married Arguello he introduced the hab-
it of drinking wine at meals, and she had
continued the custom. With regard to
the man, Colunga, whom her husband
insinuatedl was around and about her
house for no good purpose, she said that
he brought him to the house at first,
and after he served a term in the states
|
to the house. Since her divorce Colunga
had done the chores about the house
and had acted as a kind of man-maid
in helping Mrs. Arguello to tend her
boarders. Schmidt, the man who was
caught in a compromising position with
Mrs. Arguello, according to the testi-
mony, boarded at her house and she got
up Spanish dinners to order. All insin-
uations as to her lapse from virtue with
Schmidt were repudiated by Mrs. Ar
guello, and with that her counsel was
about to hand her over to Attorney APP
pei for cross examination. But Judge
Allen wanted to know something about
these twins, and counsel was profuse in
his apologies for not having examined
the witness regarding them, as he said
he had quite forgotten them.
Judge Allen reminded him that 1t was
not quite small thing to forget, and
thereupon Mrs. Arguello made the rather
sensational announcement that her ex-
husband was the father of the twins
and she alleged that he had repeatedly
since the divorce visited her Upon cross
examination, however, the witness did
not tell such a connected story. She said
that her ex-husband would come to her
house and remain all night, getting up
several times to report over the tele-
phone, which was about seven blocks
away.
Several lady witnesses testified to the
sober and industrious habits of Mrs.
Arguello, and among others Mrs.
Czarske, the relict of the saloonkeeper
who was killed in the saloon on Third
street. Since that time Mrs. Czarske
married again but not happily, and 80
she has reverted to the name of her first
husband. She is quite a snappy little
lady and fenced with ATTORNEY Appel
very cleverly.
The court intimated that in light of
the fact that divorce had been granted
to Police officer Arguello on the ground
OF the drunkenness of his wife, he did
not think it wise deposition that had
been made of the children in leaving
them with the mother. AT the same time
he scarcely thought it wise to send the
children to the home of a step mother.
and Judge Allen advised counsel to
get together and see if some ground of
agreement could not be reached
During the afternoon stipulation was
signed by counsel on either side and
entered as an order of the court, to the
effect that the three children should be
put in the Bolye Heights Sisters of
Charity school; if they could not be re-
ceived there then they should be placed
in some educational institution where
| the father will pay for their board and
| both parents may visit them when they
| desire. The $40 per month granted to
Mrs, Arguello by her husband will
cease, there being no longer necessity
| for it's continuance.
|