The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-05-02
SCENE in POLICE COURT
HENRY BROKAw ACQUITTED OF THE
CHARGE OF KIDNAPPING.
His Tbirteen-Year-OId Wife Declares
She Loves Him-News in
the Courts.

The love of father and mother for
thirteen-year-old daughter and the love of
the daughter for man forty-fve years of
age, was the cause of a trial in Police
Court yesterday, and stormy scene at the
conclusion of the trial. Henry Brokaw,
who was married several days ago at JEFF
fersonville, to Essie McAllister, daughter
of James McAllister, 22S Richland avenue,
was on trial. He was charged with kidnap-
ing He was discharged by Acting Judge
Ryan, who said in giving his decision, the
marriage Is not void, but voidable mar
riage has been performed and the woman,
IL she desires has the right to a separation
and voidance of the marriage. The de-
PENDANT is discharged Judge Ryan after
a moment spoke TO Brokaw and said that
If the woman who now bears his name does
not desire to live with him he must abide
by her decision and not annoy her in any
way, and If he did. and was brought into
the Police Court, the law, which provided
severe penalties, would deal hard with
him.
Judge Ryan then left the bench, but be-
fore he had left the room, Mrs. McAllister
complained in bitter tones that she had
not been allowed to have her say on the
witness stand, and Judge Ryan returned
and tried to quiet her. Just then the
daughter began to cry and the father,
James McAlister, denounced the laws Of
the State that would permit his daughter
to be taken from him in the manner in
which he claimed she had been. Prosecu-
tor Seyfried and Attorney c. s. Wiltsie,
who appeared for the defendant were in the
midst of the turmoil and tried to quiet the
parents by telling them that legal action
could be brought to have the marriage Of
their daughter annulled. Attorney Thomas
Hanna, who had been retained by McAlls-
ter, spoke up and said he already had the
papers in his possession and that they
would be filed at once. Mrs. Brokaw said
in forcible terms that the papers should
not be filed, and that her consent would
never be given. Mrs. McAllister then broke
out in denunciation of Brokaw, calling him
a scoundrel, devil, and declaring he had
influenced her daughter by the aid of
hypnotic power. The father, meanwhile,
was equally as bitter in denouncing
of violence against him If Brokaw should
come around the house again. The mother
repeated her complaint that she had not
been allowed to testify and tell what she
knew and thought about Brokaw.
The defendant took no part in the pro-
ceedings. sitting calmly a chair, but
with a troubled look on his face. Finally
the gathering broke up. the mother, father
and daughter going out one way and Bro
kaw and his attorney another Mrs. Nc
Allister stopped several times before
reaching the walk and once said. "she must
not be taken from me. She Is my innocent
babe and shall not be turned over to that
man. He must not take my child
The girl several times declared that she
loved Brokaw, and would not permit her
parents to have the marriage annulled.
From what she said ii appeared once that
she had already signed the papers in pos
session of Attorney Hanna for the anul-
ment. and then it appeared that she had
not signed them. Hanna declined to say
whether or not they had been signed by
her.
Mrs. Brokaw was the chief witness in the
case, and on the stand said she had not
been forced. persuaded decoyed into the
trip to Jeffersonville. or the marriage by
Brokaw or anyone else but that Ii had
been done of her own free will and be-
cause she loved him and wanted to marry
him and had planned for Ii for about a
year. In answer to questions by the
prosecutor, she said she had wanted to
marry and live with him and when asked
If she still wanted to do so said. "Yes, IL
the marriage was not Illegal"
Upon cross-examination she said Lawyer
Hanna had told her she was not legally
married. 7. G. McAllister. her brother and
his wife and mother are in sympathy with
| the girl and Brokaw. and assisted in the
preparations, Mrs. Carter having had her
wedding dress made and fitted at her home.
Brokaw will return to his former home
in Ohio and it is thought the girl will join
him shortly Her parents however, de-
clare she shall never live with him. The
girl was suffering from excitement and
seemingly did not know what to do She
loves her parents and she loves Brokaw
and IL appears that matters between them
cannot be amicaby arranged.