The herald., 1898-12-07
aArro,s FIGHT FOB CUSTODY OF
HIS CHILDREN
HABEAs CORPUS HEARING
Romantic Features With a Dash OF
Tragedy Which Enliven the
Court Proceedings

Frances and Carlotta, were unlaw1uiiy oe-
tanned by Mrs. Josephine Mazzi at oo'
Alta street in this city. There was con-
siderable attendance of the friends OF the
interested parties from the Italian colony'
the case having attracted more than Or
binary attention by reason OF certain un-
usual features, and also on account OF the
nublicitv given to the habeas corpus pro-
ceedinps commenced and partially heard last
week.
T. G.. Pistolesi, an attorney OF San Fran
cisco came to Los Angeles with Mr.. Cato
to aid him in his efforts to secure possession
of his children, their grandmother, Mrs.
Mazzi. or Mrs Bianchi, as she styles her.
self. having secured an appointment by the
superior court of this county as guardian
of the children in 1895, and being now un-
willing to resign them to their father. In
tbe nroceedincs by writ of habeas corpus 1t
was sought to override the action of the
probate court in appointing a guardian tor
the children without notice to the 1ather'
Mrs. Mazzi engaged as counsel w. b.
Mathews and R. B. Treat, who have been
representing her side of the case.
When the case came up yesterday MT.
Treat read the answer of Josephine Bianchi
to the petition of Cato, admitting the APP
pointment as guardian for the children and
DENYING that the father was in the state
when such appointment was made and that
she refused to allow him to see his child
rem after such appointment. In TINS the
dismissal of the petition was asked.
The Judgment roll in the guardianship
proceedings was submitted to the court,
counsel for Cato relying upon that as
basis for his claim that letters were issued
to the grandmother of The children without
authority of law. proper notice not having
been given of the intended action, so as to
allow the father to present his objections
at that time. 1t was urged that the father
could not come into court on writ OF
habeas corpus and obtain possession OF his
children without first securing an order
of the probate court setting aside the ap-
pointment OF a guardian.
This veiw of the case was not favored
by Judge Van Dyke, who held that the
father was the natural guardian OF his OFT
spring and however proper the action OF
the court had been in appointing guard
ian for the little ones on the evidence pre-
sented, the father was entitled to hearing,
which, for lack of notice, was denied to
him in the guardianship proceedings. The
cause was argued on technicalities, the legal
status of the case being the only matter
considered by the court, though some
glimpses of the facts were afforded as the
LAWYERS wrangled over the points and au-
thorties presented.
1t appears that the mother of the girls Is
now dead and their father married to an
other woman. The grandmother has cared
r l.; in 70 Of n
the birth Of the younger one, who IS now
wears old The elder is u years of age,
and both are bright and attractive, espec
tally little Carlotta, whose thick blonde hair
hung in two heavy brads from her tiny little
head, and both of the children by the neat
ness of their attire and their general ap-
pearance showed that they had been we'll
cared for.
In his petition Cato set forth that the
grandmother was not suitable person to be
entrusted with the children and that she
was living in adulterous relations with
Bianchi. whose name she had assumed with
out authority of law. 1t was further al
legged that Bianchi had served term in
states prison, where it appears he was sent
after conviction in San francisco for ex-
tortion OF money from his fellow Italians
bv threats of the Malta, with which he was
connected.
Three other Italians were sent to the
penitentiary at the same time, it is said,
one of whom was afterward extradited to
Italy, where he is now serving life SEN
tence for crimes committed during his
former residence in Sicily and connection
with band of brigands there.
Friends of the little girls grandmother
have nothing to say about the antecedents OF
Banchi. who may have been member of
the Malta for aught they know, but they in
sist that the woman is married to him and
that she is very kind to the children and an
excellent soul herself. As to Cato, they
say he is absent six months in, the year in
Alaska where he owns interests in the fish
cries, and that he could not properly care
for the children if entrusted to his charge
His wife, too, they say, was unkind to
Frances when she went at one time to live
with her father at San Francisco, but none
of these things were dwelt upon yesterday
in court.
Judge Van Dyke granted the writ, hold
ing that the court had no jurisdiction such
as would permit the issuance of letters of
guardianship to the grandmother without
notice to the father, and then to sustain
her rights as opposed to his when finally he
put in an appearance. Accordingly, the
children were left in charge OF the father
who at once approached them in a conciia-
tory manner and sought to remove them
from the grandmother.
The scene that followed is rarely paral-
leled in court, both children sitting up with
lamentations and tears of protest at being
taken from the one who has been to them
mother and whose distress was also mani
tested in pitiful way as the children hud-
died to her arms for comfort. The elder girl
was most vehement, declaring that her
heart was broken and that it would kill her
to leave those dear to her.
"Why, don't you love your father"' asked
poor Cato, as the tears stood in his own
eyes. To this the girl declared that she no
longer loved him, since he had determined
to separate her from all who had been kind
to her, but she begged him to have pity
and leave her and her sister here and to 90
back to San Francisco alone. He replied
that he loved his children and they would
care for him when once he got them be-
yond the influence of their grandmother,
who had taught them to fear him.
Pistolesi rallied to the aid of his client
and tried to persuade Bianchi and his wife
to leave the court room and submit to the
decision of the court. Instead of doing so,
they clustered around, hugging the child
rem and CRYING. and Pistolesi pointed at
Bianchi and denounced him as member of
the Malta and an italian cutthroat. who had
been in the penitentiary and ought to be
there now. Bianchi laughed off the charge,