The times., 1897-03-14
MRS. BALL GIVEN Her CHILD
The Habeas Corpus Proceedings
Decided hy Judge Cole.
Charges Made Against Both Parelts.
Ball Granted Permission TO
See His Daughter.

Spectators in Judge Coles court yester-
tacle Of pretty curly haired child romp-
ing about the room and climbing around
the judges chair while court was in ses-
sion. The child was Mary Magdalen Fan,
three and half years old, and whose
mother, Mrs. Fannie Ball, brought habeas
corpus proceedings against her husband
for the possession of the little one. The
husband is Horace NJ. Ball, conductor on
the Columbia Railroad.
The session OF yesterday lasted for more
than two hours, and there were many ugly
charges made against both the father and
the mother The latter is a pretty little
woman, who left Ball last August because
he drank and treated her cruelty, she says.
She now lives with her parents and wants
to keep the child with them. Judge Cole
concluded the case by giving Mary Magda-
len over to her until further order OF the
court.
Tie first two witnesses to be examined
Were Mr.. and Mrs. Edward Dunn, no. 923
L street, the parents of Mrs. Ball Mr..
Dunn was appointed rccen tly the Gus
todian of the child, as told i'll The Times,
pending a termination of the habeas corpus
proceedings. They told OF the troubles
between their daughter ana her husband,
and how Bali eventually carried away the
child under the pIeteXt that lie was going
to buy her some candy, to the home OF
his brother in Fairfax county, Va. They
both admitted that they lad never liked
Ball very well.
Mrs Bah testified that her husband rad
been drinking man since their marriage.
He had to be brought home by friends
when he was drunk, she said, ana Un
more than one occasion lie had beat and
Slapped her. once he broke up the stOve
and demolished the parlor furniture while
he was Under the influence of liquor, the
wife testified.
Inhis answer to the wifes petitionfor the
custody OF the child, Ball acc ISed her OF in
deity. He named as correspondent Chan
ming Edwards also a conductor and alleged
that the latter and Mrs. Ball were at one
! tine locked n bathroom together, where
| they had sought shelter when he came
around To her lawyer, Joseph Shilling
ton, the witness admitted that her hus-
band mad accused her of such CONDUIT, but
she denied it. She said that he forced her
! to leave his house on that account. He
promised to support the child, bat not her,
| she said. She denied any intimacy with
| Edwards.
Were YOU not in the bathroom with Ed
| wards?' asked Mr.. Lipscomb.
Yes. 1t was at the home OF Mrs. Mason,
| where Mr. Edwards boarded, and where |
| went to sew. ] was there one day last
| August. when my husband came To the
/ house | wasin the SEWN = room, and when
/ heard him / ian to the bathroom and
! locked the door. 1t so happened that Mr.
| Edwards was n the room washing his face
/ at the time, but did now know it until
| had locked the door"
! How did your husband find out you
were in there?'
HE got on char and looked over the
! transom."
Two letters were produced which the
I wife admitted writing to Edwards. One
of them ended yours lovingly" Mrs.
! Ball said she wrote the letter, but did not
| close it in those words
! large number OF other witnesses were
presented by Mr.. Shillington and the
testimony upon Mr.. Lipscomb's cross-eX-
| animation was at many times SO enter
| tanning that the crier was more than once
| compelled to rap for order Mrs. Mary
j. Forney, an aged lady, testified that
she had known Mrs. Ball since the latter
was child, and that she thought the
mother should have the child.
Are you a mother?" asked Mr.. Lips
comb.
mo. but I am a stepmother and have
raised two children"
Mrs Gertrude Ball, No. 1910 K street
! northeast, is n young lady with one child.
| She ex planned why the mother should have
| the child in "A manner that would have
proven a worthy treatise for the Mothers
Congress Her husband, too, is employed
on the street railways She testified
that it was poor employment for a man
who wanted to be the guardian of his
own child
why, l hardly know I have nus
band.'' said she. You know father
likes child well when it is first born and
he will kiss it and fondle it, but it often
Goes not last long"
mothers love their children, don't they?'
asked Mr.. Lipscomb.
Indeed, they do
$50 do fathers
'No. they don't
There were number of witnesses &c
testify TO the character of Mrs. Ball, wml'
a number said that the father was a drink
ing man. Just as Mr.. Shillington offered &c
place Edwards on the stand, as his flna
witness, the court announced that he wal
not needed. Judge Cole said that the
fact that the mother might have com
mitted adultery with some one man, wonlt
not control his Judgment. OF course, II
the mother was living the life of an
abandoned woman, he said. or If tbs
husbands attorney sought to show that, he
would listen to further testimony Ther'
were abundant authorities to warrant hin
in holding, however, that child OF sucf
tender years as the one in court NIGH
be kept with the mother so long as il
was not surrounded by evil influences.
Under the ruling, Mr.. Lipscomb did not
attempt to place any witnesses on the
stand The child was given to the custody