The Providence news. (Providence [R.I.]) 1891-1906, 1899-04-17
WAS DONNELLEY'S
CHILD BORN ALIVE?
Interesting Question Presented to the
Appellate COurt-=DepOsitiOnS That
Were Taken in Ireland Read.

An unsual question, but an old one.
came before the full division of the
appellate court today. 1t was whether
or not a child had been born alive so
as TO give it's father an estate by cour-
tesy I'm his wife's estate. An estate by
courtesy is the life estate man has In
the estate Of his wife by reason OF his
having issue born alive. The case be-
fore the court was that OF James Rog-
ers CT al. VS.. r.. j. Ettinger Patrick
Donnelley of a town I'm the county Ty-
rome, Ireland. is the party To whom
the settlement OF the courtesy question
Is OF most Importance.
Dispositions OF number OF parties
were taken before mag istratc in Ire
land and both parties 10 the suit pend
ing here were represented by counsel
az the hearing before the foreign mag
istrate. There was no dispute that the
child of Patrick Donnelley II born awe
lived but a very brief time.
Catherine Mckennas deposition was
read. She stated that she had been a
midwife for 80 years and in November,
1873 she was asked by Mrs. Mary Don
nelley to attend her, ana going into
Mrs. DOnnelley's home found her sit
ting in her chair and very weak. The
witness urged her to send for the doc
tor and finally induced her TO do so.
There was another midwife named Jen-
ME Meenan. Witness said she saw the
doctor give the child to the Meenan
woman after he had slapped II on the
back. Mrs. Mckenna said she saw
signs of breathing In the child's throat
and heard the priest ask the Meenan
woman If she had given the child pri-
vate baptism and the reply was: Yes,
as well as l could. Mrs. Meenan has
since died and Mrs. Donneley died a
day or so after giving birth to the child
about which there is a dispute.
Patrick Donnelley stated his wife be-
fore her death bore him male child.
MIR. Donnelley is his deposition could
not say whether the child was born
alive or not. He saw the doctor slap
the child on the back.
Alice Rogers, a sister OF Mary Don
nelley. testified that she was not pres
ent when the child was born, but. that
IL was born dead. Miss Rogers had a
short time before giving her testimony
sold her interest in the property I'm dis
pute. Miss Rogers also testified that
she knew Mrs. McKenna was not pres
ent when the child was born.
Mary McCreary's deposition was also
read. IL was to the effect that she did
not believe the child 10 nave been
born alive. Dr.~Mc Master. the doctor
who attended Mrs. Donnelley, testified
that he did not remembes much about
the affair but that the birth or death
OF the child were never registered, and
that IL would have been his duty If the
child had lived for ever so short time
Co have seen that the father registered
it's birth The doctor while saying the
slapping OF the child on the back was
not a usual ,ray in such cases to ascer-
tain whether il had life or not the slap
ping would not have been done II the
child had been sometime dead.
Samuel Norris. Jr., argued that the
strongest Testimony in the case was
that of Mrs. MsKenna. She saw signs
of breathing in the child's throat: this
came within the proof required by the
law that the child should show evil
dences of breathing. In scotland IL was
the law that the child should cry out but
this was not required in England or In
this country. for. as an authority ex-
presses it. the child might have been
born dumb.
Louis l.. Angel of Cooke q Angel
argued that the best testimony in the
case was that of the doctor who would
have required the father 10 have reg
istered the child's birth had il been
born alive. There was no registration
Of the birth OF still born children. Mr..