The sun., 1884-05-04
xor xss. Dowxrxs,s onrlp.
| Rsfsrss Wssk eSs ASssisssw Amer Tive Weeks
or Thsashs asa Exsaiaatisu.

AsNsrss Wlskes Dssisssw Afssv Tive Weeks
sr Thssshs asa Exsaiastisu.
Mr.. Thomas p. wickes. the referee IN the
case Of Mrs. ssvviilar DownlnG who petitioned
tho Supreme Court for writ Of habeas CORPUS
to inquire into the cause OF the detention by
Mrs. Martha @. Hannity Of the child called Car
los Wilson. who. she says. 10 her child. jacques
Downing. and who Mrs. Emma de Zafra Wilson
says IL her child. made his report yesterday.
Ho says: Il entertain no doubt that the child
in court 10 tho child Carlos Wilson. who was
born on tn, sth day Of May. 1889. and that the
woman called Emma DO Zafra Wilson is his
mother. 1t therefore follows that the writ
should be dismissed"
The rcforee says that hs had the child un-
der his personal observation out Of court ~
woli ~ during tho various hearings; that he
compared its finger motions with tho motions
OF Mr.. DowninRs hands and fingers. but wns
not able to trace any resemblance between
them: Mr. Downing had denied that he had
=, In regard 70 the statement Of the petitioner
that she iees that Il l. her child the referrss
eSf oss Se
petitioner and several witnesses insist that the
10 any s. SesWssn tho
and Mrs. Downing. Tho resemblance chiefly
5 .s IN N s s In s:oaHsF s asy
slender @ with one one shorter and tSiaser than Tho
ssd their respective toes. but could not detect
ths slightest similarity bstweeI them:
s osS Ss %S Z the sa as" to
resented TO bs the petitioners. and which IL
%SG &C e' that @ E II w $sfss !ss: n
that. while It 10 true that It resembles II some
sctsr @ "nd quality that he Is almost positive In
The belief TINT II never grew upon shS r head s,du Of
thinks II Is enough to say that tho former
from from the head Of the baby then known as Chr.
Ice Wilson. for at that time his hair was black.
WITCH ars pownns sad 's sahu1ed @ and % The
conn Which Is said to have been buried with
one question that caused doubt in the mind
mother Of ihs child n court. what became oi
"1s 20 yet u" the % chemisete Win The % reiereS says: @
Upon the whole. the pstitioner's case seems @
ity, 1t Il proper to add that by tho Testimony
of Or. Winterbarn: Internationally q conssi. M
death q the child born 70 the petitioner In Au-
gust. 1882. is established beyond doubt"
vss:sS Sa e Dr. hS Dsss n se
bled his father. She did not know the name OF
ths person to whom she referred. She had told
her when he visited Mrs. Wilson during her
confinement that he was the child's father"
and Mrs. Wilson had called him her friend. On
a subsequent day Prof. Belari testified that he
had visited Mrs. Wilson on the day her child
was born. and later DR.. Diemer testified that
sho had learned that the person who had 80 Id
that he was the chiid's father WAS Prof.
Belari. The referee says:
s n. ns ens ,n:
witness: and the 2tth OF April when Mrs Han
nifty and he met at office to sign their testimony.
had opportunity 10 hun and the child side ny side
the hkecss is nnniistakable This may, however be
fortnitous: and n II were fact standing by itself
would not aach the least Importance TO it, for this mat
ter OF resemblance is In my Judgment often purely I'M
ngAry. existing solely In tls mind Of tha particu
lar observer; hut coupled with tile stories OF
Mrs Wilson and Dr. Diemer. It affords ad
ditional means Of Identification and supplies =
test which entire stranger can apply. do not wish
TO he underst9cd finding that Prof Belari 10 tho
father of the eild: do not mike any such anding All
spoken Of by Dr. Diener be,wsen the child in court and
subsequently identified ~ Prof. Belart
Mr.. A. P. WsGenar. Mrs. Downines counsel
said. after receiving the report. that nothing
could be done until the confirmation Of the re.
port by Judge Lawrence. There would proba-
bly, be some argument when Mr. Secor made q
motion to confirm 1t. He could not Say what
steps he would thon take.