The age-herald., 1899-08-08

testified concerning the lands in Canada, and stated that he had made some effort l in her behalf, but nothing came of 1t. He explained the circumstances under which Newman endorsed his note and said that l since that time Newman had gotton money l from him.
 On cross-examination May stated that 1 his land in Mississippi was woodland and l that he derived no income from 1t Taxes 1 including a heavy levee tax amounted to l s6O year.
 John Sparrow city editor of the Ledger, l was called and testified that an interview l with the respondent. published in his ] paper, was substantially correct. A Priest on the stand The defense announced closed and prep arations were begun for the argument, but when court reconvened after the noon re- | cess the testimony was reopened by the in- l troduction of Father Thomas Kennedy, as- 1 sistant pastor of St. Pauls Catholic church.
 The reverend father was not required to take the oath, on motion of MT. Howard, which was agreed to by the attorneys for the defense. Father Kennedy testified to certain rules of the church regarding the registration of the rite of baptismal and stated that it was not necessarily an evi- dence of legitimacy, although 1t was usual
 to note cases of Legitimacy on the certif- cate. He also testified that the priest re- corded nothing but what was told him by
 the parents or what he knew of his own
 knowledge.
 He explained the ceremony of baptismal
 and stated that record or register was
 kept and that all baptisms were reported to
 the bishop of the diocese and were in turn reported to the Pope at Rome. Rules of the Church According to the rules of the church the
 rite was performed not so much as record of birth as a register or promise that the child would be reared as a Catholic. Father Kennedy further testified that the disciplinary laws of the church were made by the council of bishops, which meets at Baltimore and were, of course, subservient to the civil laws of the different states. He was unacquainted with the constitu-
 tional laws of Louisiana governing the
 church, and stated on cross-examinaton
 that his experience as a priest had been
 limited to one year. but that he knew the
 laws of the church. The witness was
 shown the certificates of baptismal of the
 two children and stated that they were in
 the usual form. He also answered a num-
 Der of questions propounded by the court regarding the rules of the church, on
 which Judge Wilkerson was not clear.
 With the priests testimony the defense
 rested and preparations for the arguments
 were begun. The attorneys for the re-
 spondents objected to the time limit, stat
 ing that the case was one of more than
 ordinary importance, involving as 1t did the
 personal liberty of two children, and that
 they should be accorded the full benefit of
 any law that might be invoked in their be-
 half. It was finally agreed that the matter
 be left to the discretion of the judge
 The Opening Argument
 MT. Howard opened for the petitioner and
 his opening words brought tears to the eyes
 of the respondent, who sat with bowed
 head as his words of sympathy fell upon
 her ears.
 "This," he said, ''is a case which makes
 a judge sorry that he is a judge, and
 lawyer sorry that he is lawyer"
 T am not here," he continued, Ito ex-
 cuse the shortcoming of my client, the pe
 titoner, who has grievously erred, but to
 protect the interest of these two little chll-
 dren, who are surrounded by such inn
 proper influences and atmosphere.'
 Pointing to the respondent, who sat near her attorney, he continued, T shall not criticise her, the mother of these
 children rather will extend her my sym
 pathy and condolence." A low sob came
 from the woman as these words were ut
 tered and her frame shook convulsively as
 she tried to suppress her tears.
 Mr. Howard revived the evidence fully
 and dwelt particularly upon the law of
 Louisiana in its application to the case. He paid his respects to Newman, who oc- cupied a seat in the court room, in no un- certain terms, stigmatizing him as the tra- ducer of his clients home.
 MT. Howard spoke dispassionately and with a dignity that was commendaIble un-
 der the circumstances, and while the sym pathy of his hearers was with the respond ent he presented the law and the facts so clearly that for the time being there seemed to be only one side of the case. Pathetic Scene
 While MT. Howard was speaking pa- l thetic scene took place in the court room, which brought Jumps to the throats of l many or the spectators. He little SlTl WHO was touched by his remarks stole quietly | to the judges stand and placing her little hands upon his chair, she looked up into his l face and, with tears streaming from her little eyes, begged piteously not to be 1 separated from her mother. Judge Wilker- son was visably affected, and tried to con- | sole the troubled little one. who he mo- l toned to seat near her mother. 1 MT. Poncellor opened for the defense and | made an earnest and eloquent plea in be- 1! half of his client, whose unrestrained tears, l witnessed to her grief and sorrow at the 1 thought of losing her children. He made i a merciess attack upon the petitioner, who l he painted as black as the inner chambers l of he'll He drew a sad word picture of 1 Mays action in gaining the confidence of 15-year-old girl and his subsequent ac- l tions in refusing to carry out his promises. ! Numerous authorities were invoked to 1 show that the petitiOner had no right to