The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1898-08-26

GRANDMOTHER MNEIL IS FREE


dismissed yesterday afternoon by Justice
Young in the preliminary examination upon
the motion of Deputy District Attorney
williams. Attorney Williams asked Tor
the DISMISSAL of the case at the commence
ment of the afternoon session on the ground
that the state found 1t would be impossi-
BILE to. prove the criminal intent. Although
this was sgiyensas the reason. 1t is under
stood that the real cause was the retusaf
Of the complaining witness, who was on
the stand when the morning session cioseo'
TO returnsto the cross-examination OF DE-
PENDANTS attorney, Colonel Treat
Family history Of an off-color was intro
duced In evidence, and 1t is believed was
the means of bringing the examination TO
70 sudden an end. The first and only wit
ness who testified was Mrs. Mikesell, VINO
was compelled to allow the searchlignt Oh
legal investigation to shine into the inner
most recesses of her somewhat shady past.
So searching and bright did 1t shine and
so much did 1t expose that she weakened
under the strain and while on the stand
broke down and cried
In the direct examination Mrs. Mikesell
reviewed her married experiences, and ties
tilted that some years ago she married
James Nelson, hotel cook. AS result OF
this union two children were born, boy
and a girl. In October, 1895, she left her
husband and few weeks later secured
divorce in Salt Lake City. The decree went
by default, as Nelson had previously agreed
not to put anything In her way to securing
a separation. Some weeks after the grant,
ing Of the decree Nelson came to her and
No m IN
and asked his ex-wife to give him one Of
the, children. He worked on her sympathy
and she consented to allow him to take
Vera and care for her, with the under
standing that he ciothe, support and edu-
cate her and keep her where the mother
ordered. She also specified that should
Nelson In any way fail to keep his agree
ment the child was to be returned to her
and he was to lose all right and interest
in Vera This contract Is a matter OF con-
tention. The mother claim as above
stated and Mrs. Mcneil holds that the
agreement was an amended order OF the
court relating to the divorce proceedings.
In which the court granted the CUSTODY
to the father.
On this point the defense offered IN EVIL.
dence letters OF a sensational character. In
which 1t laid the foundation Of proof that
the husband left her owing to the life OF
shame being led by his wife at that
time. The letters In question were writ
ten by Mrs. Mikesel1 to her mother. In
them she stated she was trying to lead a
better life and was trying to reform. She
spoke of her ex-husband and expressed the
hope that she would be able some day to
return home.
The first genuine sensation was brought
out when Attorney Treat, following up the
matter. asked witness If she had ever been
an inmate OF house of ill-fame. Her re-
ply In the negative was short but seething
with Indignation.
.You may not have been an inmate OF
house of that kind" answered Treat, but
did you write this letter.?
He handed witness a letter and as she
commenced to read her expression changed
as by magic, and with indignation and
shame In every line of her face, she al
most Kissed at her mother: $50 that's your
game. You are trying to inture my good
name, are your
Never mind what she intends to DO"
said Attorney Treat, answer the Ques-
tion."
AZ first Mrs. Mikesell refused, but finally
admitted that she had done many foolish
things in her life and she supposed she
had written it. Treat then proceeded to
read the letter. 1t was dated the latter
part of February, and inttmated that she
was living with Mikesell, her present hus-
band. According to her own testimony she
DID not marry her second husband until
some time in March, and was therefore
seif-confessed mistress of Mikesell before
her marriage to him.
Just here the taking OF testimony was in
terrupted by defendants counsel who
stated that it was not his intention to hui
initiate the witness and expose the skeleton
in her closet, but he was examining on
these lines to show that the Witness who
now had the child was not fit subject to
have the care OF Vera.
Justice Young remarked that, In his opin-
ion, the case should be confined to the point
as to who was entitled to the possession
of the girl, anG to leave other issues out OF
the matter, and ordered the examination to
proceed.
Mrs. Mikesell resumed her story. She
testified that after giving over her daugh-
ter to her ex-husband, the child lived with
friends fortwo months and then was given
into theScharge of the child's grandma Their.
During all this time the childfs father was
paying for the support and keeping his
contract About August. 1897 she married
Mikesell, and after travelling around the
country, came to this city. Shortly after
she sent letter to Rollins. N. Y, in which
she said that she wanted to return to her
mother and see her child. She did not say
her former husband, but as Nelson was Iiv-
ing with her mother, 1t was about the same
thing A ticket was sent to her by her
former husband. and she Joined them and
lived with her husband for two months. A
few weeks after she arrived he left for
Denver and secured a position there. one
bright morning soon after her mothers
departure Mrs. Mikesell also took her de-
parture, taking her daughter Vera with
her. The two came to this CITY. where
they Joined Mikesen.
At the request Of her daughter. Mrs. Mo-
Neil came to this city and took a room nea
her daughters home, 526h Maple avenue
They Mved more or less peaceabIy until the
question of authority over the child WA !.
preached, and then the tug of war corns
menced. The grandmother claimed thai
she had the right to Vera and presented,an
order from the father. Thesortier was g..
nored by Mrs. Mkesen. who on the evenL
ing Of the 14th inst. refused to let Vera m
home with her mother A scene enr,,sd
and Mrs Mcneil was gathered, nm hv N,xa