The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1901-12-06
BOTH WANT HER.
Lulu EsteIIe is a Bone of
Contention.
Habeas Corpus Proceedings Heard
This Afternoon Lulu Prefers to
Stay With Her Mother.

tai to obtain possession of his nine
year old daughter, Lulu, in accord
ance with the order of the court mad 9
at the time that his divorce was grant
ed, was heard before Judge Cray Satur.
! day afternoon, D. A. Reed of Lake Crystal
appearing for Mr.. Estelle and A. R.
Pau Jr. for Mrs. Estelle, with whom
her daughter has been staying since
Saturday.
The defense was that Mrs. Estelle
has not and is not OBTAINING the child,
but it would be for the best interests
Of the child for her to stay with her
mother. The defense asked that the
proceedings be dismissed.
The plaintiff wanted continuance,
which the defense objected to. The
court said that he doubted whether
he could bear testimony on the second
point made by the defense.
Mrs. Louise Estelle was the first wit
ness sworn. She said that she was
visiting her sister, Mrs. Riley, at Lake
Crystal, and that the girl ran away
from her grandmother where she
Mas staying with her father, last Sun
day and came running to her at 3 p.
M, crying, and said, mamma, don t
let me go Monday when Marshal
Keehn came for the girl she said to
him: ~ don't want to go and stay
any longer with papa. Witness said
that she did nothing to induce the
child to come to her, and that she
stayed with her own free will. Wit
ness had told her daughter that she
could go of her own free will The
girl preferred to stay with witness,
and gave as her reason for this that
it was so lonesome at her grand
mother that she could not stand it..
Saturday evening she came crying and
said, Mamma, 1 wish to stay with
you" The girl went to her father s
Nov. LIST, according to the order of
the court, against her will Witness
said that she had never refused to give
up the child.
| Lulu Estelle, for whom father and
mother are contesting, was next
sworn. She is a healthy appearing
young miss, but sobbed continually
while on the stand. She said that her
mother did not induce her to leave her
father. She said, ~ want to live
! with my mamma because l am so lone
some in Lake Crystal. 4" She said that
she went to school while staying in
Mankato with her mother, and also
at Lake Crystal since staying with her
father Papa said l couldn't see
mamma until I went to live with
her, said the girl in reply to ques-
tion. Papa is good to me and has
bought NE red Tam O'Shanter and
a cloak. -
! The defense rested here
Giles J. Estelle was sworn and said
that he had let the girl see her mother
| whenever it was convenient. He had
once brought her to Mankato and left
her at her mothers Witness said that
it was with much difficulty that he
had gotten his daughter Nov 1st, hav-
ing to have the services of Sheriff
+, Gerlich. Saturday night and Sunday,
Mrs. Estelle had refused to let him
take his daughter home. He had
gotten the marshal, but the latter also
failed to get the child Mrs. Estelle
finally said Sunday that the child
could go home if she went there also,
and witness consented. Both came at
p. m. Shortly afterwards, Mrs. Els
telle went to Mrs. Abbott's. where
Lulu soon followed her. Witness said
y that he had used the child we'll, and
that when with him she had always
acted perfectly happy and contented.
He had frequently allowed her to &c
to her aunt's, Mrs. Riley. Witness
denied that he had told Lulu that she
could not see her mother until she
went to live with her.
Mrs. Olive Estelle, mother of Giles
Estelle testified that the child had
never leased to go to her mother and
had always acted happy, and was
obedient. She was surprised to see bel
so contented. Witness had never heard
Lulu express a desire to live with hel
mother. She had had the best of care
that her father could give her, and he
has been very indulgent with her.
She had been to school every day.
Mrs. Wallace Estelle, sister-in-laW
of the plaintiff, said that Lulu had re-
ceived good care from her father and
grandmother, and that she had acted
contentedly. Witness had been at the
house frequently the past month.
Lulu visited witness from Friday
afternoon until Saturday morning or
the farm.
Wallace Estelle gave similar testi
mony, and the plaintiff rested.
Mrs. Louis Estelle was recalled anG
denied that she had resisted the
child going to her father on Nov. 1st
She had never refused to give up the
child, but had told her that she could
go if she wanted to do 80 of her owr
free will. Witness had no secret I'M
lderstanding with Lulu on Sunday
about the latter leaving her fathers
house.
The plaintiff introduced a letter
uri ttan nv Mrs Estalla
The case rested here and the attor'
neys made their arguments.
| Judpe Cray DOstDOned his decision