Shenandoah herald. [volume] (Woodstock, Va.) 1865-1974, 1885-09-11
IS THE W0NAR 4 NAN.
A QUESTION WHICH EXCITFs
THE POPULATION OF WIN
CHESTER.

Family.
WINCHESTER, VA. Sept. 1.-The
residents Of this quiet old town
who we've startled some months
ago by the discovery that Rebecca
Payne, who had lived for some
twenty-odd years among them az Z
woman, was in reality a man, arr
excited over another case of the
same kind and in the same family
The matter has gained public noto
riety through a suit which was tC
have been tried to-day, hut which
was postponed until the next term
of court.
To understand the cause of the
suit it should be stated, first Of all,
that Rebecca, now Lawrence X
Payne, had several sisters, Of whom
Sarah was the oldest and Leila the
youngest. Sarah was married sev
enteen or eighteen years ago to
Mr.. Hugh NJ. Merritt, well.to-dC
farmer of Bellaire, Ohio. Twelve
years ago she died and left three
children, one an infant of three OF
four weeks. AT the death Of the
mother the infant daughter was
taken by its aunts to their home in
Virginia, where she has remained
in their care up to the present time
They were all aunts then now they
are uncles and aunts, aud that is
one Of the reasons why the lit
tie girls father objects to her re-
naming any longer with them. The
child's name originally was Sarah
Elizabeth Virginia Merritt, but she
has been brought up under the pet
name of Bessie. Nobody questions
the fact that she has been well
cared for.
Her grandmother, woman noted
for her intellect and culture, took
care that little Bessie's education
was properly attended to. But her
grandmother died last March,
Then Mr.. Merritt, who married a
second wife soon after the death of
the first, and who during twelve
years had taken little trouble in re-
gard to his child, appeared on the
scene and asked to have her given
back to him that ne might take
her to his home in Ohio where her
brother and sister have always
been. Bessie had learned to love
her aunts-Or her uncles and aunts,
as the case may be. She had grown
up among them; they had been
ki[ d to her, and her affections had
all conferred there. She knew little
OF her brother and sister and hard
y ever saw her father. She could
not think Of leaving her relatives,
and declared she would rather die,
rather be buried alive, than go
away to Ohio. Her aunts were as
10th to part with her as she was to
leave them, and the fathers de-
mand was refused. When he came
he said that God had convinced
him he ought to take her away to
his home, but after the matter was
fully discussed, he admitted that
God had convinced him he ought
to let her stay, and he went away
without her.
But shortly after he returned to
Ohio he changed his mind and
made fresh demand for the custO-
DIV of the child. "God had proba-
bly convinced him again" said the
lady to whom Payne is now mar.
ried, "that it was his duty to take
her." There is some little inherit
ance awaiting the day when Bessie
will attain her majority. The re-
newed demand was refused, but
this time the refusal did not, as be-
fore, convince Mr.. Merritt that he
ought to leave the child with its
aunts, who had protected her from
infancy. lie threatened process of
law, but the aunts did not yield.
One of the aunts, Mary, a few years
ago married Mr.. Jacob l.. Swimley,
and the pair have since lived on a
farm adjoining the ancestral home.
stead, which is still in the posses
sion of Miss Bette and Miss Leila.
Recently little Bessie has passed
her time between Mrs. Swimley's
house and the old homestead.
1t was because Miss Leila was
one of the guardians of little Bes-
sic at this old homestead that Mr.. |
Merritt, her brother.in-law, brought !
suit for the possession of his child. |
In his bill, filed for him by his law
yers, Mr.. Richard Il. Byrd, States
attorney for this county, and NJ. Il.
w. Harrison, he does not lay so
much stress upon his paternal
rights as he does upon the unfit
ness of his sister-in-law. The whole
matter is summed up in the follow
ing extract from old Mrs. Payne's
testimony:
Question. Did Leila Payne ever
make any admission to you concern
ng her sex If so, when, where,
md in what termsg Answer. She
old me she was a male. She told
ne so, last October during her {
mothers sickness. That was the
asst time was in her house.
q. Does Leila Payne dress and
herself as a woman, and is i
he so regarded by the community l
It large A. She dresses as a wo- I
nan. AS for the rest | don't know, (
,ut | suppose she has been regard a
"a as a woman. i
Q. Are you related to Leila I
Jayne ? A. Pm her grandmother. q
@. Does Bessie Merritt sleep in t
he same bed with Leila ayne? d
\. | don't know whether she sleeps f
Nth her now, but know she did u
We years ago. S
All the sisters combind against v
Ir. Merritt and retained Mr.. n
IOlmes Conrad, a well.knOwn law. a
er of Winchester, as their counsel. 5
through him they filed an answer, /
esting upon the negligence and o
nwOrthiness of the chIld's father T.
nd bringing into question the r.
haracter of his second wife. Mr.. L
Ierritt's lawyers, however, say h
nat the real question at issue is n
vaded, and claim that they will fC
reduce in evidence a statement, Il
ased on an examination, signed y
y DR.. Mcclure, the same physi- p
AN on whose certificate kebecca, q
ow Lawrence, Payne procured a 81
Iarriage license last year, that h