The herald., 1897-03-20
know if the interview must take place

chance to see the GIRL and particular,
as she believes that her daughter !
being influenced"
That settled 1t and the case supposed
ly went over until o'clock to permit tn
two hours interview granted by tn
court A deputy sheriff leading the way
Mrs Shipton followed into the jury room
sobbing as she went. Elsie made M
move until she was told by those having
her in charge, and then she in a yer,
nonchalant way she briskly followe'
her mother into the jury room. But there
was no putting her arms around he'
neck and kissing the tears away-a
least not at first, for the door was closeC
by the deputy sheriff and the mother an(
daughter were shut off from pryinf
eyes. In about five minutes-certainl,
not more-Elsie came from the jury
room, walking with the same nimblt
step and nary a tear dimming her young
eyes.
What took place during the very briel
interview was told by Elsie herself later
She went up to her mother and kissed
her and told her not to cry. The mother
then said: "Oh, Elsie, why don't you
come back and leave those nasty
| Wrights ?" to which the girl replied that
until her mother changed her side she
| would not return to her and thereupon
| left her mother weeping alone to return
| TO her new friends.
Judge Clark having again taken his
seat upon the bench Mr.. Holton aske
| Elsie if she had had an interview with
her mother, and If she still wished Miss
Wills to be appointed her guardian. The
answer was in the affirmative.
How long is it?" inquired Mr.. Cope
land of Elsie, since you last saw your
mother to speak to alone?"
Il don't remember; think once in the
district attorneys office for about 20 min
utes.'
How long did you remain just now?''
'I don't know; there was no clock, and
it was not necessary to stop longer" the
| girl answered, with a tinge of pert
ness in her voice.
Have you lost all affection for your
| motller?"
Its not necessary for me to answer" F."
Mr. Holton objected to Elsie being ex-
amined in this way and incidentally
said that as the reporters were taking
the testimony down and the reading by
the public would work up sympathy for
the mother he wanted the other side of
the case to be heard.
The court did not think anything the
newspapers might reproduce would af
feet the status of the case, and, so far a 5
he could see, no issue had been raised
Mr.. Copeland asked for time to file an
objection to the appointment of Miss
WINS as guardian. and in the course of
his remarks adverted to the fact that the
girl Elsie had been taught to treat her
mother with lack of affection. and that
humanity itself cried out in behalf of
the mother who, in care and trial, had
suffered the pangs that heralded her
birth.
More than once Mr.. Copeland's voice
had wavered and his eyes grown dim,
in common with others in the courtroom,
during the somewhat extraordinary and
painful scene. Mr.. Holton, however,
brushed sentiment to one side by sharp
ly beginning to present certain consid-
erations to the court. when reminded
by Judge CLARK that there was no issue
before the court. Resuming the thread
of his argument, Mr.. Copeland stated
that for the past year he had known
Mrs Shipton, and of his own personal
knowledge she had suffered by the alien
ton of her child's affection, and was now
in a state almost of collapse. He con-
tended that there was no Interior pur-
pose whatever in their application. but
only that the mother. who was suffering
through no fault of her own. should have
chance to regain her child's regard.
But the affection of mother and child
can hardly be controlled by the court;
it is only a question of what is best for
the child" said Judge Clark.
II don't think" replied Mr.. Copeland,
"that the law says that child can ar
bitrarily say: I don't want to live with
my parents Whether it is best for
child and will result in its developing
into a good man or woman to be alien
ated from the mother admits of doubt"
There are some things" responded
Mr.. Holton. rather hotly, that this court
can take judicial notice of-that the at
torney appearing for the mother also de-
Tended the man who was convicted of
n ox-in ba ri The f11nthar G;d
all she could, in her humble way. to pun
ish the man, but since then has done
all she could in seeking to free him from
his punishment"
IT don't know If Mr.. Holton appears
here representing the district attorneys
office or not" responded Mr.. Copeland,
to the allusions of opposing counsel. II
do know he prosecuted the case, and 1
know also that I defended the case, and
in that way got to know Mrs. Shipton
very well. / don't want to try it again,
and don't suppose the court wants to
hear it-except in so far as II has bear
ing on this application. 1t seems to have
been made matter of greater urgency
that the girl be kept out of the way OF her
mother than that any good that might
accrue to the girl should be considered.
l don't appear here as attorney for
Mayne. but for the mother of the girl,
without compensation, and simply act
ing as would for any poor woman SIM
ilarly placed"
Mr.. Copeland having again asked for
time to file his objections, the court
stated that such action necessarily
raised the question of the propriety that
the mother should be appointed guar
dian. He had been informed by the
sheriff and district attorneys office that
the mother had permitted her younger
daughter to visit the county Jail to see
the man convicted of having debauched
the elder girl If that were true. she
would be scarcely a proper person to
have the girl.
Mr.. Holton contended that when girl
reached the age Of IA years she could
make her choice, and it was no longer a
question of the mothers qualification.
The court, however, could not believe
that was the nearing of the law, and
there was a turning over of law books.
If counsel desired to- file objections.
Judge Clark stated he did not see how he
could object, unless. indeed, as coun-
sci conterded, the law accorded an arbi-
tnary privilege to a child. Counsel did
not press that point. Judge Clark then
continued the further hearing until
March 30th a. 10 o'clock, the resignation
of Mrs. Wright meantime not being ac-
cepted.
WANTS HEAVY DAMAGES