Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1910-03-03
CARACAS EXPECTED
To ARRIVE HERE
TONIGHT
Albuquerque People Who Were
Much in the LimeIight in
Denver in Battle for Posses
ion of Baby Agree to Forget
Their Differences,


Mr.. and Mrs. Elfego Garcia, of this
city, who broke into the lurid lime
light in Denver last week as the re-
suit of their battle for possession OF
their eight month old baby. Rosetta,
are expected to arrive here this even
ing, bringing the baby with them.
Attorney Isaac Barth, who repre-
sented Garcia before Judge Aliens
court In Denver, reached here last
night, following a brief stop in Santa
Fe, where he attended the inaugural
of Governor Mills. According to Mr..
Barth, Garcia arranged to pay Mrs.
George Cahill, who adopted the baby,
the several hundred dollars demanded
by her as compensation Tor caring for
the infant during The time il was in
her possession. Garcia is an cmploye
of the American Lumber company
here, and his wife, who is an Ameri-
can, was formerly a Bcrnalislo county
school teacher. Regarding the settle
ment of the family tangle, the Den
yer Times of Tuesday says:
Until 5000 is transmitted to Don
yer by telegraph from albuquerque,
the, Garcia couple, fair woman and
swarthy. Mexican, their baby, the dis
puted little Rosclle, Mrs. George Ca
hill, the almost foster mother of
Roselle, and the county hospital nurse
are waiting today in the west side
court.
".Attorney Isaac Barth OF AIbuquer-
que, who is here fighting for the
parents possession of the baby, tele-
ploned Albuquerque last night for
s34l.51 which Mrs. Cabin says is due
her for tho keep Of the baby since
she adopted il. six months ago from
the home where it was placed by tho
mother: fila due the shcrin's office.
and other money accruing TO nurses
fees and the rebate to be given the
young couple to enable them to re-
turn to New Mexico, since they have
adjusted their difficulties.
The entire sum is something near
5000.
The hearing of the habeas corpus
proceedings occupied nearly all o.
Yesterday In the west side court. Mrs.
Garcia broke down on the stand and
said that when she left the New Mex
leo hacienda and came to Denver and
placed her baby in the home here, she
thought she was doing what would be
best for the child's interests.
The judge refused the writ of
habeas corpus and said he would not
undertake to say what MIS- Cahill's
compensation should be. In his judy
mcnt, the conduct of the petitioner
and his wife had been such as to an
null their claim to their baby until the
money which Mrs. CahiH had paid
out Tor the child should be paid her
az both monetary and heart balm.
The judge found from the evidence
that Mrs. Garcia had entered into a.
contract with the home for the child's
care and custody md had surrendered
all claims to it. The court said that
the mother at that time had the right
to enter into such an arrangement.
attorney Barth gave the usual no.
tice o. appeal, but today will settle
matters.
Plainly, the Garcia's want their
baby n they appear to be willing to
forget their differences and settle
down to happiness in New Mexico.
The picture in the west side court to-
day vas in the element of despair.
For the foster mother, Mrs. Cahill,
never leaves the baby. The little
thing coos and Burglcs on the woman
zap, stretching out her little hands
lovingly toward the smooth, rosy
cheeks Of the other adopted child Of
Mrs. Cahill. II boy of some five or six
years.
THE parents themselves sit silent.
with tender eyes resting upon the
baby.
There has been rumors that the
little n Is to be kidnapped. Who is
TO do the kidnapping is not known.
botn parents and the foster moth
er watch each other like hawks. Moth
ing is said, There is only silence be-
tween them and significant looks"