The San Francisco call., 1903-12-30
WOULD DISROBE
BABE IN COURT
Woman Tries to Remove Gar
ments From an Infant She
Was Compelled to Surrender
REBUKE FROM THE BENCH
Mothers Successful Contest
Over Her Child Leads to a
Struggle Over the Clothing
Oakland Office San Francisco Call,

Oakland once san FRANCISCO Gail,
1l1S Broadway, Dec. 2e.
Compelled by order of court to sur
render little Stanley Hayes, 3 years
old, to his mother, Mrs. Bessie Hayes
of Vallejo, Mrs. Walter Hussey at
tempted to disrobe the infant in Judge
Ellsworths court this morning, de-
claring that she had paid for the
clothes on the baby's back and she
purposed to get her money or the gar
ments.
promptly his Honor stopped the
extraordinary move that the baby's
former custodian had made, and stern
ly did Judge Ellsworth rebuke the
woman as she tried to unfasten the
baby's outer garments in her effort to
remove the little ones clothing before
she reluctantly gave over the infant
to the anxious mother.
ByStanders in the courtroom, dunn
founded by the occurrence, rushed to
the trembling parent as she hugged
her baby to her breast and offered
their assistance, financial if need be,
to relieve the situation.
No, no. replied Mrs Hayes. Il
can and will pay for the clothing as
soon as l return home''
1t was the climax to a struggle Mrs.
Hayes had been making for several
weeks to regain the custody of her
child, which last May was placed in
the Hussey home at sos East Eleventh
street to be given care until such time
as the mother could arrange to keep
the baby herself.
SEPARATED FROM HUSBAND.
Mrs. Hayes is the wife of Morgan
Hayes, known among oilmen as a pro-
moter and expert in that commodity.
The couple have been married seven
years and their home for a long time
was in Oakland. They are now sep
arated. Last May little Stanley was
put out to board with Mrs Hussey.
According to the mother and Mrs. Hus-
sey, the board was to be paid by the
husband, but a bill for S68 has piled up.
When Mrs Hayes tried to get the child
she found her efforts thwarted. The
mother sued out a writ of habeas cor
pus, through Attorney A. p. Leach,
and this morning, in response to the
Sheriff's subpoena, Mrs, Hussey pro-
duced the child before Judge Ellsworth.
Mrs. Hussey. explained that her rea-
son for holding the child was that the
father had ordered her under no cir
cUmstances to allow the mother to get
possession of the offspring.
Attorney Leach brought out the fact
that the mother had placed the child
with Mrs. Hussey in May; that the
father had not seen the child but once,
nd I,o4 in, ho{ ha
had not kept a promise to pay for the
babys board and care, and that Mrs.
Hussey did not expect to see Hayes
again until next month.
There is no reason, madam, why
you can detain this child" declared
Judge Ellsworth. 1T is ordered that
the child be turned over to the mother,
the petitioner in this hearing"
UNBUTTONS CHILD'S COAT.
"But, Judge" interrupted Mrs. Hus-
sey, "the clothes the CT Id has on
made ard furnished. This coat cost
me 81 IS, and can't get my money!"
With that outburst Mrs. Hussey COM
menced to unbutton the little coat that
covered the baby.
Madam, you cannot disrobe that
child in this courtroom" commanded
Judge Ellsworth "You must surrender
the child in the condition in which he
is now"
"But, Judge, can't get my money!"
'T don't know anything about that"
said Judge Ellsworth. "but you must
give up the child as he is.'
Mrs. Hayes took her baby and de-
parted Immediately for her home in
Vallejo. She assured those who Of
fered assistance that she would speed
lily settle with Mrs. Hayes for the 81 Is
worth of garments that Judge Ellis
worth had directed Mrs Hussey to
leave undisturbed on the baby.