New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-01-20
EVA HAS HER CHAMPIONS.
AN ADJOURNMENT JUST IN TINE.
SHE ALMOST FALLS INTO CONTEMPT OF COURT
ON THE SUBJECT OF THAT BABY

the star has as many names as leading ladies'
usually have. Also like other stars she Is The centre
of attraction and all the other members Of the com
bination are mere satellites Whichever side is sue
cessfuI Robert Ray HamtOn's money is bound TO
pay for the Amusement OF certain portion OF thc
pubic A semi-rcspectablc appearance is all that is
necessary to gain admission u the play and 50 tie
courtroom was crowded almost TO sufocaon when tho
proceedings were begun yesterday morning.
The contestant. in the part of Eva. the Kind
Ueartedp made her bow 10 the audience again. aud
took up the thread Of her mental spaTing with Elhu
Root Mr. Root kept up the stream OF embarrassing
uucstions-that is embarrassing TO any one but Eva
and She was always ready with plausible answer 10
oil the questions.
The register Of the Deavan House, at Elmlra, con-
famed under date Of october 3. 1859: " D. j. Mann
and wife and Joseph steele and wife" Mr. koot
wanted to know if Eva at the hotel at that time
with Manu. She could not remember the exact oate'
but she was there at about that time on no. shc
did not take Mann there, they all went ose'ef Shc'
Mann her brother and her brothers wife she ideh-
tided Mann's handwriting on the register Wleie nc han
written j. j. Mann and wife," but the other signature
,vas not that of her brother. Poor Josh was sun
an imbecile-that is, lie was drunk about 991Oo OF
the time. ,,
% arain and that ugly fact brought ont That josh
had sworn under oath that Eva was his wile' Eva
did not know that Josh" was witness then at all
Ynl some time after lie had given the testimony In
fact her brother had asked her 10 ALLOW her charge
.Joshs to testify, but she had refused to allow MN
10 do So Mr. Root continued in this line Tor some
time but he failed confuse Eva and SO he started
off in another direction.
"By what familiar name was joshua D. Ma'i'
known ~ asked Mr.. Root
"Dotty.' answered the contestant.
Well Dottyo and Eva sailed for Europe On May ]:
or 49, 1885, on the City of Berlin. Dotty" was ILL.,
poor fellow and Eva had TO take care OF MIN so they
both occupied one stateroom OH the steamer Nhen
they arrived in Europe she wrote TO "Grandma
swinton. Mr.. Root read from that letter "Dotty
seemed to enjoy the trip. :" Don't worry ABOUT
.Dotty,' = wrote Eva; he is much better" The let
ter was signed Eva and Dotty.'
"Do you mean to say" inquired Mr.. Root. that this
Is not letter from a sons wife TO sons mother"
lit was not" came the answer. sharply.
The letter also referred 10 Mr.. Dryden. Manns uncle.
Did you believe that Mr.. Dryden thought that you
wore Mann's mistress?" asked Mr.. Root bluntly.
o. do" answered Eva.
"Who was the dear baby you referred to in youi
Netter!'
"Mrs. DicksOn's baby"
"Who little Fan -
"My dog"
Then they got back again to tie trip on the City
of Berlin. Josh poor imbece and drunken
sot. lie might have been sober sometime during tho
trip, Eva could not remember any such occasion.
Still she took him in her sateroom and took care OF
him, drunken imbccile as lie was, and she came be-
fore the world told of it. This is the price she is
paying for life interest i'll third OF Robert hay
Jiamilton's real estate.
A letter written by Josh on the voyage to Mrs
SwintOn was read. The Surrogate wanted 10 know Ii
Mann imbccilc when he wrote that letter and
Eva answered nat he was much OF an imbccie as
lie had ever been.
Another letter from Manns sister to Eva began
6" Dear sister" and closed with Your loving sister
Kate" Eva declared again that Kate did not re-
bora wifi
on an entirely new track. and this time the audience
became intensely interested. The questions were about
that muchdscussed baby. The subject was introduced
by "A letter from Josh TO Mrs. Swinon, in which he
said that Eva wanted those things" Those things
composed an infants wardrobe.
Whose" asked Mr. Root
Nine" answered the witness.
Mr. Root wanted to know II that baby was livlna
on December IL, 1855. Eva'S counsel objected TO
the question but the surrogate said that the birth OF
a child before the marriage ceremony Of Eva TO iamil
ton was presulnptive evidence OF MARRIAGE and
admitted the question Eva then that her baby
was living December lo, 1oso.
When was the infant bornl" asked Mr. Root
Mr. Fuller objected again and told Eva that she
heed not the question, if she declared that tho
auswer would tend degrade her, The Surrogate
ovcruled the objection and ordered the witness 10
answer She still refused Notwithstanding the fac,
that the Surrogate warned her that she was liable to
be locked up in the common jail If She persisted In
her refusal. Mr.. Root then tried u get some in
formation about Evas familiarity with the charges
made by Mr. Hamilton that she had paned off a LOCUS
baby on him. The surrogate ruled against Mr. Root,
however, that question.
When the infant born" asked Mr. Root
ETa explained that there were other Ntigatons
pending and she advised by her counsel that she
would not he Obliged answer any such questions.
Mr.. Fuller stood by MS advice aud the surrogate sag
gested that Mr.. Root should proceed with thc
make motion. Matters began t. look serious for
Eva as the motion which the surrogate suggested
understood 10 Dc to punish Eva Tor contempt OK
court In refusing ~ answer question which she was
ordered 10y the court to answer. Eva then asked toI
permission to consult with her the request
was granted. After the uauOn she SAID taat sh0
could not answer the question because she had taken
oath not TO do so. surrogate Ransom advised her
that such oath not binding even on her con
science. She dccliaed upon the ground
that it would tend 10 eliminate her to do 50. Nj
Root wanted 10 know IL IL would tend to crinnac her
10 the question whether not the child was
born in Emira She thought not and she said the
Child was not born In Elmlrd.
In answer 10 Mr.. Roots persistent questions she
finally said that the child bonn in Pennsylvania
on November 10, less.
Where you9o asked Mr. Root.
That caused laugh and Eva refused TO answer
again, upon the ground that 1t would tend to degrade
her. Eva then asked the surrogate 10 takc
until O'Clock. The request complied with, and
when court Icassembed Mr. Fuller asked tAat his
client be excused from further examination u@tl
Wednesday account of illness.
Ar. Root sad that lie appreciated the fact that
the wiLless was woman he added that
Wciiar- ~ many other people besides
wItIeSs we're al sttne.
" Ihe manly sympathy OF the court said surrogate
Ransom, Is very much aroused because OF
situation In which she nnds herself. she here
III courtroom III Tie presence Oh crowd asserting
her widOwhOOd To an honorable she is cntltlcd
70 and shall receive NOT only thc manly but the
judicial sympathy OF the court. COunsei referring
has all he 4 ai1l,
man and does his duty in doing wHat ne believes IS
required OF him counsel. Inc witness is without
friend except the Surrogate, who Is Judclaly her
fTend, besides her counsel. believe II t. be due
to tie proper administration OF justice and the Yidn
obligation Of humanity that she should have ana she
shall have with emphasis an opportunity for rest
and reflection upon the situation
That settled it, and Eva dcpdrtcd from the court