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Show FIGHT OYER A CHILD. Mrs. Vaughn Gives Her Baby to Her Sifter AND THEN WANTS IT BACK AGAIN After Hearing the Evidence Judge Zane Iecides to Allow the Aunt to Retain Possession of the Child Suit of Cushing vs. Beck Over an eral Court Xew. Tha hearing in the habeas corpus proceeding proceed-ing instituted by Hyrum Vaughn against Charles Miller, in which the former sought i to obtain the. custody of his 15-months-old J child, cama up for hearing before Judge Zane this morning, C. W. Hall and C. Ira Krebs representing the petitioner. A more stupid looking couple than Mr. and Mrs. Vaughn never appeared in a courtroom. Ilyrum T. Vaughn was first called, and he testified: Am the father of this child, but have not had possession of it since last June. I have demanded de-manded the child, but Mr. Miller refused to let me have it. I work for Bishop Spencer at Lake Point and am able to care for the child." . j Th Court Did you give the child to Miller j and his wife? Mr. Vaughn Yes, but the y promised to bring it back in a week. The Court Was the child sick at the time? Mr. Vaughn So. The Court Do you live in a house? Mr. Vaughn No; I live in a dugout. Mrs. Vaughn testified that she had three children and she and her husband were able to care for this one. In July last Mr. and Mrs. Miller came to her house and got this baby to keep for a week. 'Charles Miller testified: "In June last my wife and I were at Vaughn's place, a dugout dug-out over Jordan. Vaughn had nothing in the house to eat except short bread, and, seeing the shape they were in, I offered to bring the baby in to Salt Lake for a week or two. We gave it back to them afterwards, but in July the baby was so sick that its life was despaired of, and they fave it to us again, this time to keep, aughn eannot care for this child. Why, look at this wardrobe, which was all the clothing the child had when I took it." The witness here produced a small paper sack which contained two dresses and a pair of stockings. On cross-examination it was brought out that Mrs. Vaughn and Mrs. Miller were sis- ters, aud that Mr. Miller had been something of a sport, but was working at a brick yard. Elizabeth Baker, the mother of the two women, testified that Mrs. Vaughn gave the child to Mrs. Miller when it life was dis-pared dis-pared of. Mrs. Miller testified that her sister gave the child to her without any qualifications. The witness and her husband obtained a physician and paid the bills. The Court Are you willing to give it up? Mrs. Miller No, sir. "Would you be willing for the mother to come and see the child?" "Certaiuly." Mr. Hall Do you think you care as much for the child as the mother does? The Witne I certainly do. "Have you ever been arrested?" "Yes, once." "What for?" "Adultery, but I was acquitted." "Ever been tried in the police court?" "No, sir." "Hasn't your husband served a term in the penitentiary?" "No, sir." Mrs. Turpin testified that she lived in the same house with Mrs. Miller when the latter first took the child, and the Millers certainly did not treat the child well. This statement was indignantly denied by both Mr. and Mrs. Miller and the court said: "This little child seem to be one of those unfortunate human beings which are cast on the world with no one to take care of them. It is a very sad thing for a child to have parents no better qualified to care for it than this little one's are. It is my duty to ascertain what is for the best interests of the child. These parents belong to that class which should not have children; which should not get married. It is evident that the child is well cared for now, and I am not disposed to turn it over these parents, who are evidently hardly able to take care of themselves. The child will remain where 4t is for the present. Of course if at any time these people miss-use miss-use it or its parents get iu better circumstances, circum-stances, another order may be made." ALLEGED BREACH OF CONTRACT. 1 The trial of the case of J. J. Cushing ataL vs. John Beck was then resumed. The plain-tills plain-tills sue to recover some $31,000 damages alleged al-leged to have been sustained by the defend, ant's action In refusing to carry out a con-tract con-tract for the purchase of several thousand fruit trees. A verdict will probably be ren-dered ren-dered this evening. , ARRAIGNMENTS. John Smith, alias Angus Stewart, was ar-ralgned ar-ralgned on the charge of assault with intent to murder, and took until Monday to plead. His bail was fixed at $1000. R. E. Moulton, charged with obtaining money under false pretenses, pleaded not guilty. |