Arizona republican., 1905-01-13

part supported by the state of New York and on this was based the con tention that tke hospital became the guardian of the children left in it's care and it was further cOntended that 1t never relinquished that guardianship even after it had found a home for a child. unt3! tl>e child came Of legal age
 In the afternoon Walter Bennett re- piled to this argument in q long and earnest address in which he attacked the position of the applicant from every possible side. He said that the char ter of the hospital had not been pre- sented to the court; nor had the act of the legislature been so presented but only an amendment to the charter upon this fragmentary showing he said the court could not act.
 He also believed that the corporation known as tkt Pounding Hospital of the Sisters of Mercy had no standing in the court. \ further reason for the Quashing of the writ lay in the iTnpro- priety of the procedure. \ writ of ha- beas corpUs in this case was a colla- teral attack upon the judgment of the probate court of Graham county and he showed by a mass of precedents that the judgment could rot be set aside in this manner. The proper thing for the hospital authorities to do would be to follow up the appeal which had been taken from the' judgment of the court but which had been abandoned for this pTOceedin~.
 4 dispute c-osc as to the status of the children. Mr. Bennett cOntended that if they were not residents of the territory they were ct least inhabit- ants and he quoted from the territorial statute the provision for the establish ing of a guardianship over the person and estates Of inhabitants.
 The contention of MT. Ives of the other side in the main was that the children had not been subject to adoption at the time of the action of the probate court of Ora ham county; that all the time they
 were in charge of the applicant and that when they were left with the Mex jeans of 0Iorenci and Clifton they were left with them only temporarily. Ob jection was made by the attorneys for the applicant to an expression in the return in which it was stated that the hospital people had in leaving the chil dren with the NIexicans abandoned" them.
 United States Attorney Nave took part in the argument on the side of the applicants.
 In the meantime there was great anxiety among the foster parents who have come to love the children as their own. One woman, the pOssessOr of q beautiful little girl sat at lunch in a restaurant and cried when she thought Of the possibility of an adverse de- cision 'I would rather" said she, give up my right arm than lose her. One little boy stopping with his foster fot aT al sleepy yesterday and when his father told him to go to sleep he said: Wont you watch me so the Mexicans cant get me?"
 One foster father yesterday told 9 Republican reporter of the bringing of the children to Clifton and Morenci. He said that no violence was used in taking the children away from the Mexicans who did not care for them. Some of them did not want them but iu taking them said they were acting against their will under the orders Of the padre. He said that when they were brought there each of the children had a linen tag sewed on the back of ] the clothing showing the name of the child and the person to whom it had | been consigned. He showed the re- | porter the tag which had been on the clothing of the little boy whom he had subsequently adopted. It bore the name | of George Heber. the little boy, and 1 RefuSia Leagoa, the cOnSignee. That | woman he. said was one of the most notorious prostitutes of the mining | camp.
 l But these are matters quite outside | the consideration of the court and the discussion of the lawyers who are talk l ing of and taking into account only 1 cold facts and stern law.