The herald., 1897-03-30
Lester Rogers Has to Be Con-
tent With One Tenth
INSURANCE
SUI
CLAIMS OF j. BURKHARD OF
BURBA NIX CONTESTED
A Woman Who Believes She Is
Queen Without a Head. T.
Stewards Store
Attached

xne bdDy Md4COi&Ai ScSS 40 s~NNANN
temporarily at least-and Mrs. Smith
is happy in having the>custody of the
child, while Mrs. Doblrls is correspond
ingly detected.
The transfer of the little morsel of hu-
manity was made in department one
Yesterday, but not without scene, ana
not without a fight, too, made by Attor-
ney Will Harris.
Counsel for Mrs. Dobbins had sue
cessfully carried the case along without
his client being made to surrender pos
session of the baby, and yesterday made
what was practically a motion for re-
hearing pending an appeal to the su-
preme court. Deputy District Attorney
McComas was present, and supported
Mr.. Harris in the stand he took; but
what interest. the district attorney Of
flee had or could have in the matter
did not appear. The mere fact that the
district attorneys office was countenanc-
ing the claims OF the Dobbins faction
gave, on the surface, added Importance
to the contention raised, and that was
all.
Mr.. Harris argued that the appeal to
the higher court acted as a stay of ex-
ecution. and the statute of the state pro-
vlded that an appeal might be taken tr
a case of the kind which was in the na-
ture of a plea in abatement of the habeas
corpus proceedings.
Attorney Shin thought that the ac-
ton of counsel was merely an attempt
to get in a lot of buncom matter with
regard to the case, and his only object
to consume time so that Mrs. Dobblns
might retain possession of the child
Mr.. Harris objected to such remarks,
and remarked that he had not entrusted
his conscience to the keeping of Mr.
Shinn. Mr.. McComas tried to throw oil
upon the troubled waters, apd speak
a good one in the cause of Mr.. Harris
at the same time, but instead called forth
a very decided expression of opinion
from the court.
Judge Smith stated that so far as he
knew the case was not appealable, but
Mr.. Harris might be right and he wrong;
he was there to hear the argument.
Then Mr.. Harris took another whack
at it, contending that inasmuch as the
law had provided for an appeal being
taken in any case where an amount Of
money equaling $500 was involved, it did
seem as If there was a serious lapse OF
the law if no provision existed for ap-
pealing with regard to the custody of
child. If legal cause for appeal existed
then Mrs. Dobbir/ had the right to the
custody of the child until the supreme
court passed upon the case.
Mr.. Shinn wanted to give his elo-
quence an airing in response, but the
court stated that 1t was not necessary.
Judge Smith stated that it passed his
comprehension what right of claim Mrs
Dobbins had to the child. 1t had been
farmed out to her on an agreement and
if any money was owing to Mrs. Dob
bins the law was open to her. That she
loved the child might be true, but that
did not warrant her in setting up claim
to a child that had been farmed out to
her Then" added the court, "the fact
that the proceedings should be Set aside
on appeal would not give her any right
to the child. But there is no appeal in
habeas corpus proceeding, and the mat
ter of adoption having been settled the
custody of the child belongs to Mrs.
Smith"
During the proceedings Mrs Dobbins
had been sitting with baby Malcolm by
her side, and supported on either side
by her mother. Mrs. Judd and her hus-
band When the final ruling of the court
was made Mrs. Dobbns half rose from
her seat and, addressing, the court, in
Quired:
do you mean that I must take it over
to her?"
Mrs. Smith was sitting at the other
side of the court room and the question
was one apparently, regarding the mode
of surrender and the dignity or rdignity
with which it was to be surrounded.
Judge Smith made no reply, for Mrs.
Smith rose from her seat and walked
quickly across the court room toward the
child. Then Mrs. Dobbins, seeing her
rival approaching. bent down to kiss the
baby and whether she pinched 1t or in
some occult way let it know that the
proper thing to do in the premises was to
squall. cannot be known. The fact re-
mains that it did squall real good and
showed that ii possessed a pair of excel
lent lungs. AS Mrs. Smith lifted the
child in her arms Mrs. Dobbins became
hysterical and cried out: she gave me
the baby; she gave me the baby. tell
you she never wanted him"
With the first outburst of this storm
Judge Smith had taken refuge in his
chambers. and after short time Mrs
Dobbins was soothed into quietude. BY
that time baby Malcolm was we'll on its
way to its old-new home with Mrs.
Smith, on Bellevue avenue.