Evening star., 1894-04-05

fact that the defense had asked an adjourn
ment early yesterday afternoon in order to
save time.
Mr.. Shelby said that they had had q sum-
mons issued and done all they could to Sc
cure her attendance this morning He de-
sired to ask her some questions in cross-ex-
animation as the basis for the Introduction
Of some further testimony.
Mr.. Carlisle and Mr.. Wilson objected to
this as irregular Mr.. Wilson said they
could make Mrs. Parsons their own witness
Mrs Parsons. however, did not appear
and Judge Bradley said they would have TO
go on with some other witness
Mrs. Susan III. Leiay
Mrs. Susan H. Leidy was then called TO
the stand by the defense. She testified that
she had been clerk in the census office
since August 1, 1889; she had met the plain
ttf when she was employed in the census
office. In the year 1888. up to the LIST of
August, she was matron of the Founding
Asylum on 18th street above R. Her duties
as matron required her to give general su-
pervision Of the whole establishment She
kept the record of admissions. and identi-
fed book which Mr.. Shelby showed her as
the book In which such records were made
She identified entry made on mage 30 a
In her own handwriting
Mr. wilson thereupon took the book. and
ne and Miss Pollard looked over II for a
minute or two. and Miss Pollard vbisnarod
something to Mr.. Wilson GU
The child referred to In the nart,cr,ar
entry was brought, the witness said NV q
very black colored woman There was
paper pinned on Its clothing. There was a
paper pasted in the book, which. witness
thought, was the original paper though n
may have been a copy At the time whom
the child was brought there she knew 1t was
rar% rora %edaner; th me witness put down in the
brought the child. Mr.. Shelby then offered
10 read the record from the book Mr. WiI-
son oDJected. Then Mr. Shelby asked the
q aflFAf~
at that period were covered in the hook and
she said they were. There was no Other
child brought there on or about the 3d az
February, 1883, with a note ninnaa -, ~ a., ~.
clothing. 'A us
objection to the Record Book.
Mr.. Wilson objected to the Introduction
OF the record. as it was hearsay evidence. a
record only of what some one had stated
to the witness. There was he maintained
no proof here that the paper pasted in the
book was the slip pinned on the child's
clothing. The statement of a person carry
Ing an infant to an institution of that kind.
where the very purpose was to conceal the
loennty OF the child, ought not to be re-
ceived as evidence.
Mr.. Shelby said the transaction about
which they were taking evidence was the
delivery OF the child to that institution. If
they could offer evidence as to what was
done, he maintained that what was said at
the time, whether the statements made
were true or not, became competent tesu-
mOny.
Judge Bradley sustained the objection Of
Mr.. Wilson and an exception was noted.
f1r. Shelby asked the witness If she could
state whether the facts stated in the record
were true, in other words whether 1t was a
true entry.
The witness said it was a true entry, and
made by her that evening. There were no
admissions to the asylum not recorded.
Witness did not know DR.. Mary Parsons.
From February I up to the time witness
left the asylum Miss Pollard was not at the
asylum SO far as witness knew. There were
certain visiting days, when visitors were
admitted. and there was no rule as to who
would admit them. There was no white
woman with the child and no one, but the
negress mentioned, with the child when 1t
was brought there. She did not remember
when the child died, but she thought with
out looking at the record, that 1t lived three
or four months.
Mr.. Shelby was then about to ask the
witness to make a statement about the case
after refreshing her recollecu) IN from the
record.
Mr.. Wilson. however, interrupted and
questioned the witness as to her independ-
ent recollection. She said she remembered
the case distinctly. She did not remember
the date, but knew 1t was in cold weather.
Mr.. Shelby then proceeded with his exam
ination.
Her Memory as to the Child.
The witness said that after refreshing her
recollection by the record, she remembered
that an infant was brought there on the
Sd of February, 1883. The child was boy
and very fine baby. 1t was examined the
next morning by one OF the physicians, who
said it was newly born child.
Now what was the name given to that
child at that time?" asked Mr.. Shelby.
Il object" said Mr.. Wilson.
This started new legal argument as to
the competency of the testimony.
Judge Bradley said there was some ques-
ton as to the competency of the subject
matter of the testmony-the paper pasted
in the book-which the witness could not
say was the original paper.
The witness being questioned about this
said that she believed the paper was the
original, because it was not in her hand
writing.
Mr.. Wilson asked her If the entries were
made Immediately, and she said that it was
made that evening. Mr.. Wilson said that
could not be, she said the doctor made
the examination the next morning. The
witness was about to explain about the
rules of the institution, but Judge Bradley
checked her.
Mr.. Wilson asked when the child was
christened. and the witness said that was
two weeks after.
Mr.. Wilson remarked then that the record
could not have been made then until after
the christening, as that fact was recorded
The witness said that that place was left
blank.
Judge Bradley asked how they could know
that the child would live to be christened
The witness repeated that the place for
the christening was left blank, and the
entry. she noticed, was not in her hand
writing.
The Name of the Child.
Mr.. Shelby then asked what was the name
given in the institution to the child
Mr.. Wilson objected, and asked the wit
ness II she had any recollection independent
OF the record of the name given to the
child. She said she had She did not re-
member the names Of all the infants chris
tened there.
Mr.. Wilson aGain having urged objection
to the testimony. the witness said that she
would state that to the best of her knowl-
edge and belief and recollection the paper
pasted In the book was the original paper
pinned on the child's clothing
Mt. wilson remarked that she had stated
at first that she was unable to say whether
that was the paper.
The witness said then she desired to cor
rect that statement
Mr. Shelby urged the competency Of the
question he had asked
Mr.. Wilson said they were NOT IN he an
trapped by any such proposition as this. He
urged that they must show this was the slip
pinned on the clothing by the plaintiff They
proposed 10 give the statement of the colored
woman VINO brought the child, and fix that
upon the plaintiff
Judge Bradley said the witness could tes-
tl1y TO the name given the child and also
as TO the date of its death, If she knew II.
SO Mr.. Shelby asked again, What was
the name OF the child given in that institu-
tion?''
'Dietz Downing" replied the witness.
did ciy - tI,o