Evening star. [volume] (Washington, D.C.) 1854-1972, 1861-09-28

CouRT, JuDsE PURcsLL-Pyotraetsd Cro,s. H.
a11iaafsoS Of ALsznadriss Payfait-At ths open
ing OF court Yesterday counsel appeared, but the
witness, Alexanarine Psrfait, and the children
were not present
Mr.. Linton said he hoped the children and the
witness would be brought into court, and the
Instructions In regard to the child eddy" who
10 stated 70 be constantly with his father out Of
the custody Of the Marshal.
Mr. Devldge rose TO say that II was improper to
elloW THIS french woman, who was suspected Of
poisoning the minds Of the other children against
their father and grandmother, to be with them.
The Court said Il could not act upoa mere
suspicion. IL II was proved that Alersndfine
Parfait was an improper person to be with chill
dren. action could then be taken. The same may
be said OF the other parties, when the proof re-
quires the Court TO interfere.
Mr.. Davidge said be would endeavor to prove
children.
The Deputy Marshal, Mr.. Samuel Philips. fde
puted by the Court to bring the children from
France } appeared In court, when the question
was re opened aud argued, Mr. Davidge con-
tending that the principle witness against Mr.
Barney tAleIandrine) has been proved to be
prejudiced against that gentleman. Out Of the
whole army Of nurses Is she only one to have
charge OF the children. Her anteccdents are un-
Known. she admitted that she sided with Mrs.
Barnev, and in view Of the extreme youth Of
these children was IL right that they should come
Into court to testify fresh from her manipula-
tionsi There Is under the eve and within the
esr-shot Of the Court witness, an ally of Mrs.
Barney all through the troubles In Paris. He
would prove that the children when they FIRST
came here were sfectonate to their father and
grsndmother, now they stood aloof
Mr. Fendall said IL was a mere suspicion Of the
counsel that this nurse exercises undue influence
Let the gentleman prove It.
Mr. Davidge was surprised that the gentleman
objected to removing the nurse.
Mr.. Fendall said the nurse YVES the choice Of
Mrs. Barney for the custody Of her children, and
let the gentleman prove by the children or other
~ taet al al % IN nNta
The Court said proof must be adduced, and
called the girl Alexandrine to answer as to the
caution impressed upon her on Wednesday.
Witness testified she had not disobeyed the In
junction Of the Court; AJAX the children them
selves.
The Court instructed Mr.. Phillips to exercise
due care In the custody Of the children.
Mr.. Davidge was proceeding to put the O uestion
atlength to Witnesses to talking with the children,
when
Mr. Linton interrupted him, and said be OBJ
tected to his (Mr. DIS addressing argument
20 the witness.
Mr.. Davidge said that be would not stand these
Interruptions Of the gentleman any longer. He
had borne these running commentaries Of the gen.
,leman day after day here, and now appealed to
the Court.
The Court said as attention had been called to
1t by counsel, Ii would not be allowed sgain
Mr.. Linton.-"welI, l believe have the floor
now. object "
The Court sustained the objection, and said Mr.
Davidge must confne himself to questions ad-
gentlemen must speak one at q time.
Mr.. Dayidge said that was the establish ment Of
very valuable principle that two should not
speak at once principle recognized every
wherein society as well as in court.
Mr.. Davidge now put the question In a great
MANY different forms to witness-repeatDg it
asking her IL she did not talk to the children
about Mr. Barney, tell them he B was after
their property, &C.
Witness per,istently answered that she did not;
that the children told her what she said In court
was true; that she told them not to tell her any,
thing about 1t, but to tell what they knew In
court.
talk 70 them at all about Mr.. Barneyt
Witness, imPatiently.-I cannot say anything
more.
Mr.. Davidge.-Then you must say.
he repeated the question.
Witness not responding, Mr.. D. appealed TO the
Court, and the Court told her TO answer
w, Ws tine aid S 4 chs,sy spoke % he. she
Mr.. DavidRe repeated the question.
Witness repeated that she told the children she
DID not want 70 hear ANYTHING about ii. "The
were big enough to tell, II said anything to
them"
Mr. Bid not Mrs. Barney come to America
In 1887
Mr. Fendan.-I object. The question has no
relevancy TO the examination In chief
Mr.. Diet Us zee IL Ii has not"
time OF the alleged improper conduct with
little Hebe she was only three and a half or
four wears old, and that subsequently, Mrs n -
In her proceedings before the French court, did
not allege such 4 charge. This question was
to show that Mrs B. left Paris In is5s-left the
children in charge OF Mr.. b and left this girl in
the house. He would attempt to show she was
not entitled TO credit; for after these attempts on
her virtue, in her bed room and In the kitchen
this "immsculate Diana" stayed there weeks
after, and Mrs b. left her there alone with this
ThecOut decided the question was a proper
one.
Witne. answered, that Mrs B. did come to
America In le5S; that witness went to the country
went TO Blois; and that her mother stayed with
Mr.. 3. and the children.
MI Dayidge said the answer might have been
different II he bad been let alone.
The Court said counsel must think the wines
very shrewd.
Mr.. Dayidge said she was shrewd enough.
Cross-examlnation continued Mrs. Il left In
September; returned the next month; witness
went 70 Blois In August; came back about week
before Mrs. Il.
Iar Barney here leaned over to Eddy, smiled
Mr.. Dayidge now put several questions a. to the
length Of time Of witness's return before Mrs
BS return, 10 which the answers were about as
follows
Can't tell for certain II IL was a week; don't
know IL IL could be two weeks II could not be
three weeks; witness's mother slept In the house
with her all the time; don't know II 1t could have
been three weeks; thinks IL was not; Mr. b was
In the apartments; witness's mother bad charge
Of the children; was living in Rue Chateaubria
at that time.
Cross examination continued Witness could
speak English little bit when she came to this
counuYj came year ago in May
Mr.. Dayidge.-"That 10 the ak months resi-
dsnce In Iowa"
Mr.. Fendall objected to counsel interlardinQ the
examination with these comments.
Mr.. Dsvidge here subjected the witness 70
searching examination to whether she knew
enough English while living with the Barneys
TO understand the language used by Mr.. Barney
TO his wife -
Her answers were to the general effect that
At that time she bad book and was study
ing English; learned some from the children;
q lady gave her lessons occasionally; she un-
derstOod more than she could speak; has been
learning all the time; SOME Of Mr.. Is . words
she 1nderstood, and some were explained 10 her
by Mrs B. and the children; could understand
Mr.. and Mrs. b better than any one else and
that sometimes MT. Barney when drunk talked
In French and sometimes In English
Mr.. Davidge proceeded 10 examine the witness
length % the age Of little heoe al the time Of
the alleged improper conduct towards which it
appeared that she was then between three and
four years old.
Cross-examination continued .-B was not kind
loving and sfeetionste TO his children when not
drunk; loved Eddy, but all the time made a SER
n ~