Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1908-12-12
MAKE FIGHT TO GAIN
POSSESSION OF SON
Court Gives Boy to Mother, Who Ale
Ieges She Believed Common Law
Marriage with Father
Was Legal

Fight for the possession of g.
year-old child was made in Judge Viii
burs court yesterday when Col. VIII
liam B. Hayes, a real estate investor
OF San Francisco, whose wealth is estl-
mated at $500 900, sought an order from
the court restoring to him the boy
whom he left in the mothers custody a
year and a half ago.
Soupled with the proceedings yeSter-
day there was brought forth an eX-
PLANTATION of Thomas Monroes actions,
when he is alleged to have endeaVored
to force a woman upon the rails III
front of an advancing train near Nor
walk two weeks ago. Monroe is now
in Patton asylum, having been COM
mitted to that institution by the luna
cy commission December Z.
The child was brought into the Juve-
nile court through the action of the
humane officers, who believed he should
be declared a dependent. When the
matter was called yesterday Col Hayes
told Judge Wilbur the woman in who's"
possession the child has been is not his
wife.
my wife died in 1897 he said. "Tbjs
woman, Juanita Rafael, was a servant
in our New York home at the time, and
we came to Los Angeles in 1901. We
lived together on a ranch near Nor
walk, and six years ago the child was
born"
Thomas Monroe, said Hayes, was
employed on the ranch, and his wife
became infatuated with the man. He
told Judge Wilbur that while he lay
on a bed of sickness his wife gave him
morphine, and when he protested
against the size of the dose she told
him Monroe and herself wanted to get
rid of him.
The woman he said, filed a suit for
6fvnr0a n hOI1t fNpn or h11f q Gtat-
tlement was reached whereby she
should have the ranch and the care OF
the child. Hayes said he went to San
Francisco to live. For year and a
half I have wanted that boy and have
prayed for him every night" he said
sobbingly.
When asked why he did not marry
the woman and thereby legitimatize
the child, Hayes said she had sunk toe
low, that she had told him she would
not give up Monroe, whom she loved
better than any other person on earth
The woman denied any improper re-
lations with Monroe. Charges made by
Hayes that she drank to excess were
also stated by her to be untrue. After
Hayes took her to his office in New
York and a common law marriage GER
emory was performed, which, she said
she believed to be legal. She did not
deny that Monroe had been frequent
visitor at her home after Hayes de-
parture, and explained the incident OF
two weeks ago, when Monroe is said to
have tried to throw her in front of an
approaching train.
Monroe" said the woman, "was
drunk, and, becoming frenzied, tried to
commit suicide by throwing himself on
the rails. I struggled with him and
saved his life
When Judge Wilbur returned the
child to the custody of the mother, the
latter said she lived in constant fear
that Hayes would steal the boy Hayes
however, denied any intention of TAX
ing the child while under the court s
orders, and promised to give $25 a
month for his support. He declared
his intention to make further efforts
through the courts to gain possession
of the boy