The herald., 1897-03-25
TO FIGHT ON
Baby Malcolm Awarded to
Ms. Smiths Care
A STAY OF EXECUTION
And Mrs. Dobbins Will Seek for
Redress
A JUDICIAL ENDORSEMENT
. rrx
A JUDICIAL ENDORSEMENT
CURIOUS COMPLICATION IN THE
MARLETT SUIT
An Unfortunate Wheat Deal in San
Luis obispo County-A $500
Judgment for Mrs.
Birnbaum

Quite unaware Of the tremendous hub
bub he Is making in the world, ably NAL
colin Mckinley Smith has been awarded
to the custody of Mrs. Smith
There was quite a large gathering in
department. one yesterday, curious to
see what disposal would be made Of the
pretty little morsel of humanity.
The Dobbins faction continued the
hne of testimony begun the day previous
and q number Of witnesses testified how
we'll little Malcolm was treated. Then
another batch of witnesses came for
ward to tell how good Mrs. Smith had
been to the boy. A witness named AM
derson who used to leave milk at the
Dobbins abode, swore that Mrs. Smith
paid the bills. "One day Mrs. Dobbins
asked me-" the witness remarked. if
Mrs. Smith paid the milk bills. and
told her she did. Then she replied:
We'll, it Is different with me; she owes
me $780, "
4 Mr. Walker retaiied the burden OF a
conversation he had had with the Dob
bins family. He was then led to believe
that If Mrs. Smith paid the balance of
the board due for the care Of the baby
she could take him away. but mot other
wise.
The wife of Police Officer Fay, neigh
Dor Of Mrs. Smiths on Bellevue avenue,
told of the love and care lavished by
Mrs. Smith upon the boy. and how she
spoke of and to him as SON."
The Rev. Mr.. Cole swelled the paen
of praise in favor of Mrs. Smith, and told
how soIcitous she was for the child's
comfort. At one time date had been
set for the chil6s baptism, but owing
to his inldisposition the event was post
poned.
Judge Smith, realizing, presumably.
the importance of a case when two
women were pitted one against the other
over a question so likely to provoke
much feeling, in passing upon the mat
ter quoted from the statute copiously
with regard to the legal aspects of the
case He then adverted briefly to the
status Of the two women desiring to
adopt the child, and decided in favor or
Mrs. Smith, she being not only willing
but able financially to give the child a
good home, careful attention. anu
proper eGuca tlon-
AS Judge Smith ceased speaking there
was an outburst of applause IN the
court rooms but the court peremptorily
stopped that ard proceeded to order
the following OrOer enpereu upon tHe
minutes of the court:
1t is therefore adJudsed that the pc
titioner (Nrs. Snith> adopt said minor
child Malcolm Mckinley Smith, and
from this time henceforth said minor
ohild shall be treated by her in all re-
spects as her own lawful child should
be trea ted including the right of inheri-
tance; and said petitioner and said
minor child shall bear toward each other
the relation, of parent and child"
But this didn't suit Attorney Harris,
representing Mrs. Dobbins, at all. The
idea that Baby Malcolm was to be torn
from the arms of his client right there
was not to be endured without demur,
SO a stay of execution was asked for.
Attorney Shinn objected to any stay
being granted, and asked that the court
would, at all events, include in the or
der that the child be produced in court.
Mr. Harris stated in mysteriously sug-
gestive way that If he could not devise
some means meantime by which he
might have the case reviewed the child
would be produced all right enough
The court thereupon ordered stay of
execution until Saturday at noon, and
until then Mrs. Dobbins can enjoy undis-
turbed the infantile prattle of baby NAL
colin.