The San Francisco call., 1898-07-12
TAKEN FROM
 THE MOTHER Neither Side Won in the Hurt Contest. A GUARDIAN IS APPOINTED JOEL J. HURT REVILES HIS EX-WIFE'S HUSBAND. Judge Ogden Says the Case Is the Most Difficult He Has Ever
 Been Required to
 Decide.
A GUARDIAN IS APPOINTED
JOEL J. HURT REVILES HIS
 EX-WIFE'S HUSBAND.
Oakland Office San Francisco Call,


 sos Broadway, July Il.
 The contest over the children of Joel J. Hurt of Wyoming ended this after noon. Neither the father nor mother can claim victory, although the honors are probably with the father, inasmuch as the children have been legally taken from their mother and placed in charge of 0 guardian.
 This morning Hurt took the witness stand for the first time and told of his experiences. He testified that at one time he was worth $500,0 ,000, but he does not believe he Is worth a quarter of that just now. While giving his testimony he frequently referred to his ex-wife's hus band. Alphonse Schaeffer, as this thing and that thing and 'such thing" He gave vent to his inmost feelings when he said: Tt would be the greatest pleasure of my life to bring this mother and her children together in my own household, but l could never do it while she associ- ates with this horse thief" Hurt also stated that in every letter he sent his lit- tie girl he placed s5 and a tinhorn gam bier (Schaeffer) stole 1t. ''The Sheriff of Cheyenne County" said Hurt, told me that Schaeffer took the alimony that I gave my wife before she was married and gambled it off. He also receipted for the alimony at the bank. All this loafer wants is the alimony from his wife"
  who has known Mrs. Schaeffer for four weeks, created quite a sensation by her eloquent defense of women in general and Mrs. Schaeffer in particular. She told held was highly improper and assured Judge Ogden that if he knew Mrs. Schaeffer well as she did he would share her (the witness) opinion. Mrs. to matters before the court, said the Judge had better excuse her because the attorneys objected to her testimony and she was so ''riled" that she could not do any better.
 Josie Hurt. the eldest of the three girls told the story of how carefully her mother cared for the children and of how her father had tried to make them be- lieve her mother was a bad woman. She said that her father had told her he would kill Schaeffer if he ever came across him. Alice Hurt was put on the stand, but when she tried to speak and realized that she might be taken from her mother the little girl could do noth- ing but cry, and was excused.
 Mrs, Birchinell, neighbor of the SchaefferS at San Leandro, created some amusement by stating that even the cats followed MT. Schaeffer around the yard, and when kittens were in his way he was too kind to even step on them, but drove them out of his path. Several other wit nesses testified to Mrs. Schaener'S char acter.
 In rendering his decision, Judge Ogden stated that he had never felt the weight of responsibility more than in the case at bar. He briefly recited the family history from the time of the divorce to the pres ent. He referred to the fact that the father was able to give the children great advantages and also that they needed a mothers care.
 "The court sees great difficulty in this case" said Judge ogden. "The benefits of the fathers wealth, rightly applied, are great. If the mother be a moral woman IL Is absolutely necessary for the growth of the childrens' character that she attend to their development. l dread to take the responsibility of saying that the children shall not reap the benefit which the fathers wealth may bring, and: on the other hand, l cannot take them from the mother and give them to the father where he can have exclusive power outside the control of this court. The second hus- bands crime is not to be considered, for he was pardoned and restored to full cit izenship. Whatever may be said of marrying a man of this character. this court will encourage the two to remain together and to hold fast to the espousal sanctioned at the altar. If this mother would consent to some fit and proper per son, who should be so deemed by the court. being appointed guardian of her children, who should have their custody, allowing such access to them on the part of the mother and father as such guardian should consider fit, then this court would recommend such course.
 Judge Ogden suggested that Mrs. s. c: Sanford be appointed the guardian, and hinted that if such an agreement be not entered into by their mother the children should be sent at once to their father and there receive such benefits as he could give them.
 ceptable to Mrs. Hurt, and when the necessary papers were drawn up the chfl- dren became the legal wards Of Mrs. San ford, and the great struggle for the chil- dren, which had lasted two years, was