The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1878-04-11
9aIisceIlaner1ts.
PROTECTING HER CHILD.
REFUSING TO FIRING HERToCOURT
Mother Declines to Give the Whereabouts Of Her
Little GIrl,And Had Rather Suffer Than
to Put Her Upon the Wit
ness Stand.
1atGtsre1Iamen1ts.


[Phila Times End inst.l
The announcement that the Benkert-
Wallngford libel suit would be tried yes
terday morning had the effect OF crowd>
ing the old Court House atan early hour,
the probability of rich bit Of scandal
cropping out in the testimony drawing
together an unusually large congregation
of young lawyers male and female court
room sitters. When Judge Allison as
sumed the official chair both prosecutor
and defendant were on hand with a host
of witnesses under the surveillance OF
Detectives Benjamin Franklin and Cap
tain Franks, who kept the opposing forces
in battle array all prepared for the bitter
contest which was expected to follow.
A number of assault and battery and
other cases had the precedence on the
court list and the libel suit was not reachs
ed during the day, the witnesses being
ordered to appear at ten O'Clock TINS
morning. During the day Lewis G. Cas-
sidv, ESQ, asked that an attachment be
issued for young girl about fourteen
years old, who, he said, was an impoorr
tant witness for the prosecution An ON
Ger testified to having subpGnaed her
on the 18th ofMarch. The child's father
was called and said that his daughter
had left home ten days ago, but ne did
not know where she was. Her mother
had taken her away so that she should
not appear in the case. Judge Allison
sent for the wife of this witness and
mother of the child, as the father had by
his evidence thrown the burthen upon
her. The mother appeared at the bar,
and was evidently a woman OF good con-
dition, and by the staunch way in which
she stood up for her belief that the child
would be contaminated by any associa'
ton with the case or the criminal court
excited general sympathy Mr.. Cassidy,
seeing that she was so much moved as
to be almost in tears, questioned her
gently as to the whereabouts of her child
az do not wish to tell,' she replied
with lips quivering and eyes brimtul'
"Why?"
Because would rather suffer any
thing than bring herinto this court room
sent her away some time ago to pre-
vent il"
While Mr.. Cassidy was repeating the
last answer to his Honor, the lady, who
by this time was crying, with great emo
ton added; "You may kill me first, you
may shoot me but | won't bring her
here"
Mr.. Cassidy said, by way of explana'
ton to the court, that he was quite wis
ling to have the girls deposition taken
priyately, or any other course adopted
that suggested itself, so that the mothers
feelings should be respected.
Here the mother broke in and explain
ed: ~ refuse to bring her, not from any
desire that Justice may not be meted out,
or to place myself in contempt" and
then looking straight at the Judge, with
her eyes streaming with tears, she con
tinued: "She is sweet, innocent little
girl, and her name shall not be tarnish;
ed by association with anything like this
case, She knows nothing OF the matter
on my honor she does not.
"Well, then" asked Mr., Cassidy, "whal
objection nave you to bringing herr II
would not take ten minutes, and your
very course here in refusing is bringing
the attention ofeverybodyto your daugh'
ter's name more than in any other way
"You shall never see her," answered
the mother. "She was in the room, study
ing her lessons, and that's all she knows
At this point Judge Allison, speaking
in kindly sympathetic tone to the moth
er. said. ''lf that is all your daughteI
knows, and you can satisfy the counsel
YOU need not bring her into court, bu
while your action as mother to shield
her from the public gaze is very natural
vet the law is stronger than all that, an'
and requires that the preferences OF pa
rents must give way to its commands
The law is stronger than any of us, anc
will not permit the child to be taken ava.
from the process Of the court.
"!You can send me to prison, sob6eo
the mother, II am sorry not to do lt,bu
can't do it, indeed l can't"
Judge Allison still further explained t
the nervous and almost hysterical moth
er that the law was superior to himself
and that he could not be guided by hi
feelings; also that if she persisted in he
refusal not only herself but her daugnte
would be liable to punishment, and ad
vised her to think over the matter.
"You are quite right, your Honor,
was the answer, "but do persist. Al
that you say is true, and understan
you perfectly, but l cannot bring m
child here to disgrace her."
II have said all that is necessary,
said the Judge, and informed the mothe
"You can go now until tomorrow morl
"Can see your Honor privately2
pleaded the lady, and the Judge prroml'
10 accord her an interview after the ac
iournment Of the court.