Evening star., 1939-08-02
District Court Takes
Jurisdiction in
Baby Hoax Case
Testimony Is Heard
On Mothers Plea
For Writ

While the Juvenile Court waited
to decide the custody of 5-year-old
Ramona Bayasco-P -Perna, alleged
hoax baby" Justice T. Alan Colds
borough in a surprise move decided
to take jurisdiction in the case.
The child's mothed had filed a
petition for a writ of habeas corpus
in District Court yesterday, claiming
that the child had been taken from
her near midnight on July % by "a
Mrs. Mulligan and two men" who
"forcibly'' entered her home.
Judge Oscar Luhring issued the
writ, making it returnable today be-
fore Justice Goldsborough.
Today, however, was also the day
set for the hearing in the Juvenile
Court on petition from the Board
of Public Welfare seeking to transfer
custody of the child from Mrs. Bay
asco-Perna, former wife Of night
club maitre d'hotel.
Justice Goldsborough, after hear
ing Mrs. Bayasco-Perna's attorney,
Douglas Hatch, insist that the Ju-
venile Court statute passed by Con-
gress last year does not prevent Dis
trict Court from invoking a writ of
habeas corpus after Juvenile Court
had acquired jurisdiction, suddenly
decided he would take jurisdiction.
This meant he was ready to hear
the evidence that otherwise would
have come out in Juvenile Court at
closed hearing.
Witnesses Heard.
He mentioned that he had been
member of Congress when the Ju-
venile Court law was passed and
said he felt he was instrumental in
its passage
Mrs. Annie Grover was the first
witness to take the stand today. She
testified that an unmarried mother
signed over the child to her i'm
medlately after its birth with GER
titled document Internationally sur
rendering the child
She said she had an "oral under
standing" with Mrs. Bayasco-Perna
that the latter would adopt the
child after trial period of six
months. She said she visited the
child frequently and it was we'll
treated, with the mother taking
good care Of it. Assistant Corpora
ton Counsel Michael j. Keane, who
acted for the Board of Public We'll
fare, the Women's Bureau and the
Children's Receiving Home, opened
long series of questions with
demand for the natural mothers
name. The Judge sustained Mr..
Hatchs objection to the question,
at least for the time being"
Mr.. Keane Immediately went into
circumstances surrounding delivery
of the child to the Bayasco- -Perna
home, which were the focal point.
four years ago, in which Ramon
Bayasco-Perna charged his wife
had perpetrated fraud by pretend
ing the baby was her own.
Mrs. Grover said she understood
the husband knew his wife was
adopting child.
S100 Purchase Price.
Mr.. Keane then wanted to know
what was the purchase price" for
the baby. Mrs. Grover denied that
she received money for babies.
Questioned further, she admitted
she received slOO from Mrs. Bay
asco-Perna. Mrs. Bayasco-Perna
then testified the baby came into
the home with full knowledge of
her husband and that after the
baby had been with her four months
her husband deserted her.
She said when she and her hus-
band parted she told him that
nothing mattered but the child"
and she planned to devote her life
to it. Il wouldn't care to go on
without her" she told the court.
The witness said the child had
been placed in various nurseries be-
cause she worked as a practical
nurse, but at the time the baby
was taken from her it was living
in her home and being taken care
of at day nursery.
Clashing with the corporation
counsel when he asked questions in
dicating she had tried to convince
her husband the baby was her own,
she said, Il don't think I'd say that
if I were you"
you are not to tell me what to
do Mr.. Keane responded. THAT is
for the court"
Mrs. Bayasco-Perna was still on
the witness stand when the court ad-
journed for lunch.
Meanwhile, in the hall outside the
court the blond, blue-eyed vocal
point of the case was curled up in
the arms of Mrs. Nina Trevvett of
the Children's Division, Board Of
Public Welfare.