The herald., 1897-03-24
THE BABY
MALCOLM
Selected From Hundreds of
Others to Fight Over
PATERNITY DIVULGED
A Juror Repudiates His Vote in
Department Six
A SAN PEDRO JUSTICE
MRS. MARLETT BRINGS SUIT
AGAINST HER SON
MRS. BIRNBAUM CLAIMS $4,000
FOR AN ASSAULT
o. Burlington Wants $4,000 DAM
ages From the Los Angeles Rail-
A SAN PEDRO JUSTICE
MRS. MARLETT BRINGS SUIT
AGAINST HER SON
MRS. BIRNBAUM CLAIMS $4,000
FOR AN ASSAULT
o. Burlington Wants $4,000 Dam
ages From the Los Angeles Rail-
way Company-A Phe-
nomenal Loafer

There are lots of babies-both boys
and girls-to be had for the asking py
the good people who desire to ADOPT
somebody else's child. No one need turn
aside through the non-suitability OF the
youngster for every taste can be satls-
fed, and babies of every size, shape and
weight and of ever shade of complexion
from that of roses and milk to polisheo
ebony are attainable.
1t is a. first glance somewhat difficult
to understand why, in this state of the
case, the little piece of humanity known
as Malcolm Mckinley Smith should be
such a disturbing factor, and why Mrs.
Smith, on the one hand, and Mrs. Dob
bins on the other, should be making such
a long, running fight in the courts for
possession of the child.
The story of the child's parentage was
first exclusively published in The Herald
about a year ago and since that time one
phase of the case or another has been
bobbing up in court. AS a matter of fact
the interest that has been impaired to
the case is very largely on account of the
child's parents, who occupy prominent
position is San Diego society circles.
The mother gave birth to little NAL
colin about two and half years ago at
Mrs Smiths private lying-in hospital
on Bellevue avenue. Upon recovering
she placed the infant for short time in
home and then placed it out to nurse
with an old woman. The amount she
had to pay was, presumably, too heavy
and at the same time she was afraid to
keep the child with her and before leav-
ing for San Diego brought it back again
to Mrs. Smiths place. This lady, like
most m!dwives, has not had a super
abundance of kind words wasted upon
her, for her class are not generally pop
ular save at the time they are wanted,
and then they are wanted badly.
The mother OF the baby had been treat
ed very kindly by Mrs. Smith and when
the latter got the idea into her head that
baby Malcolm was very like tiny little
baby boy she herself had lost and she ex-
pressed some inclination to adopt the
child, the mother was exceedingly glad.
But such course was not definitely de-
cided upon until after receipt Of the fol-
lowing letter. received by Mrs. Smith
from the child's mother
San Diego, June 4, 1894.
Dear Mrs. Smith: l enclose IS today.
If you can possibly get baby in the home
for that amount please endeavor to do
So AS soon as I can I will pay you for
your trouble. I am perfectly honest
when l say 1 have no money. 1t would
be a great comfort for me to know that
you have my baby. Rest assured /
would not take him from you for I have
had too much trouble to ever attempt
to keep him again. so if you decide to
keep him yourself do not be uneasy in
t,-4r x.e- II. 4.
not think l am trying to urge you to
keep baby; l want you to do entirely as
you wish about the matter. If you can
not keep him please send him to the
home for the present and I will pay you
for your trouble as soon as l can do so.
I am ever yours sincerely,
Thereupon Mrs. Smith placed the baby
with Mrs. Juliette Judd to nurse, and for
over year il remained there. When Mrs
Smith desired to bring the boy back
home, Mrs Dobbns, daughter of Mrs.
Judd's took the baby into the country
one day for ride and has ever since re-
fused to surrender possession to Mrs
Smith. The latter applied for a writ of
habeas corpus but owing to the absence
of attorneys, interposing trials and one
thing and another the hearing has drag
ged along until a recent date when the
habeas corpus proceedings We're dropped
adopt the child.
Yesterday the matter came up for
hearing before Judge Smith in depart
ment one, full gathering of the friends
of the contending parties being present in
court.
Mrs. Smith told how the child had
come into her possession and how the
child had been abandoned to her by the
mother. In proof that she is able to
give it the care and education she prom
ises she stated that the Bellevue ave-
nue. property is her own, and is valued
at from $4,000 to $4,000. She has two
daughters-one about 10 years of age
and the other years. In response to the
inquiry of the court she stated that she
had. until recent years, been a member
Of the Baptist denomination but that
she and her family are now Unitarians
and attend that church. The tail end of a
woman's evidence is apt to be like the
postscript to a woman's letter-the most
interesting part of it-and Mrs Smiths
evidence was no exception to the rule.
She stated that she took baby Malcolm
down to San Diego to present him to his
father. His paternal parent, however
would not acknowledge his son and so
Mrs. Smith came back to Los Angeles
without having gained any satisfaction
whatever
Miss Millie Smith, who is a decided
credit to the great and ubiquitous fam
lily OF Smiths, being young lady of very
decided beauty corroborated her mother.
She repeated parts of the conversations
that had taken place between herself
and the baby's mother, and stated that
the latter was a Georgia girl, but came
to her mothers place from San Diego
Mrs. Dobbins has no right to the child
said the witness, pouting prettily, "at
all. Mrs. Judd took children to board
and mamma gave Malcolm to her to
nurse and paid her $40 per month. Mann
ma was to find all the childs clothing
the milk and everything necessary. A