The herald., 1897-07-31
STILL KEEPS BoBBINe up
THE GOLDEN CROSS MINING
SUIT TO REOPEN
The Harris and Jenkins Habeas Cor.
pus Case-Thomas Botello in
Trouble at Covina


Certainly the case of Clifton Mayne
convicted of an assault upon Elsie Ship
ton in the superior court, which has beer
on appeal in the supreme court for the
best part of year, with its various col
lateral issues is one of the most extraor-
binary of any that has been brought to
trial for many long time.
The parties,who have interested them
selves in the girl Elsie during and since
the trial, appear to have been engaged in
a prolonged game of hide-and-seek with
the mother of the girl, the final move in
this odd game being made when Elsie's
guardian calmly stated in court, early in
the present month, that her charge had
been removed outside of the juriSdc-
tion of the court.
The facts in the case of Elsie's removal
from California to the east were such as
to give rise at the time to a suspicion
that if the actual time of the girls re-
moval was not known to Miss Wills who
was her legal guardian at the time, some
persons who had been deputed by Miss
Wills to take charge of Elsie, and the
girl was finally sent east by them in the
full assurance that such disposition of
the girl would meet with Miss Wills ap-
prevail. If such was the case, there prob
ably was no remembrance of the fac.
that such act was really placing Miss
Wills in contempt of court, if the true
i
True, the court has to date been kind,
for although Miss Wills failed to obey its
order and produce Elsie Shipton in
court, the explanation and letters pre-
sented virtually showing that she had
been derelict in her duty as guardian,
no very stringent inquiry was made as
to how, when and where Elsie Shipton
was sent away.
But these facts are likely now to come
out, for Mrs Clara E. Shipton has be-
gun suit against Miss Frances Wills,
Mrs. Edith Murray and Mrs. Jessica H.
Wright, Mrs. E. L. Sturtevant and Mrs.
McCracken to recover $4,000 as dam
ages for the girl Elsie being sent away
out of the reach of the mother.
Attorneys NJ R. Bacon and J. L. Cope
land are representing Mrs. Shipton, and
in the complaint filed yesterday she
gives a brief resume of the guardian
ship proceedings. She alleges that on
April 18th, 1897, Miss Wills was, by an
order of court, appointed the guardian
of the person of Elsie, and at once as
sumed the custody and control of her
charge. Miss Wills was in. no wise re-
lated to Mrs. Shipton and accepted the
appointment of guardian, it is charged
for the purpose and in order of prevent
ing the plaintiff having and enjoying
the care, custody and control of her
daughter.
On May II, plaintiff filed her petition
that the guardianship of Miss Wills be
set aside, and that Elsie be restored to
her custody and control, and the court
issued an order requiring Miss Wills to
show cause on July 18th why the letters
of guardianship heretofore issued to
her should not be revoked, and requiring
Miss Wills to produce in, court the per-
son of Elsie, there to receive such or
ders concerning the girl as should seem
fit and proper. The order and petition
were served upon Miss Wills personally
on July 1st, and the plaintiff specifically
charges that Immediately thereafter
and on the same day the said Frances
Wills. well knowing and believing that
her said letters of guardianship would
upon the hearing of the order 20 show
cause be revoked by the court, aban-
doned her guardianship and the person
of Elsie Shipton, and falsely and fraud
ulently put in charge and custody of
Edith Murray, defendant the person of
the said Elsie Shipton.'
Veto &c ~ nod, ,+of, e-t,,
the birth of her daughter she has felt
and manifested towards Elsie the deep
est and purest maternal affection, and
has at all times and does now desire
to assume the custody and control of
her daughter and is able, willing and
ready to provide for her the necessaries
of life, and, properly educate andlprovide
her with good moral training. But She
claims that on July I'd each of the de-
PENDANTS we'll knowing that she was the
mother of Elsie, that Miss Wills was
not proper person to have the custody
of Elsie, and that she had abandoned her
guardianship of the person of Elsie
and Furthermore that she was entitled
to an order of court restoring to her Gus
tody and control of her daughter, on some
day prior to July 18th, without "the
knowledge or consent of this plaintiff
knowingly, designedly, unlawfully and
fraudulently did abduct and entice the
said Elsie Shipton from her mother and
removed her out of the state of Califor-
MIA and out of the jurisdiction of said
court, and have ever since and do now
knowingly, dhsignedly, unlawfully and
fraudulently keep the custody and con-
troll of the person of said Elsie Shipton