Evening journal., 1900-07-06
Must Pay $40 and Costs for
ASSauIting Mabel Williams
MANY WITNESSES WERE HEARD
Trial Consumed the Greater POr-
tiOR Of the Courts Time This
Morning

of Miss West and Miss Davis. attend
ants at st. Michael's Day Nursery and
Hospital for Babies, charged with as.
sault on Mabel Williams. an inmate,
consumed several hours.
Agent Frank Stout of the S. p. G. c.,
was the first witness called by Mr..
Porter. Mr.. Stout testified that onI
thursday evening of last week in rel
sponse to information received by tele-
phone that child had been abused at
the st. Michaels Day Nursery No. 207I
Washington street. he called at that in
stitution. At the time OF his visit he
saw Miss Davis and inquired of her
where the Williams girl was. He was
Informed that Mabel was in bed, but at
his request she was brought down
stairs AS the child entered the room
Mr.. Stout noticed that her face and
lips were puffed out and swollen. A
closer examination revealed that inside
her mouth was dry blood.
Mr.. Stout further said that he had
asked Miss Davis IL she had put the
child to bed without attending to her
face. and she replied that she had. Miss
Davis admitted that the child had been
chastised, but that she did not think
AAI Mdo NUT 81 Ddul1s one Sdlu Ildl
Mabel had disobeyed instructions and
that she had been punished. That she
had a perfect right to chastise her in
the absence of Mrs. Murray, the super
intendent. The child, Mr.. Stout said,
appeared to be very nervous and upset
The next day he also visited the nur-
sery and later swOre out a warrant for
the arrest Of the attendants.
MRS. DAVIS TESTIMONY.
Mrs. Elizabeth H. Davis. who resides
at No. 209 Washington street, next door
to the institution, said shat on Thurs
day evening of last week her attention
vas attracted by the screams of a child
proceeding from the nursery. she, in
company with her son. went into the
side yard of the institution. There she
saw Mabel williams upon the pave
ment, held down by Miss West. AS
she entered she said she saw Mss
Davis strike the child in the face. Ma
bel, whose mouth was bleeding, was
screaming loudly She demonstrated
with the attendants and they informed
her that the child had been disobedient.
The child's lips and face were swollen.
ElwoOd Davis corroborated his
mothers statement. He said he had
climbed upon the fence and unlocked
the gate, allowing his mother TO enter
He saw nothing Of the alleged cruelty
20 the child
Mrs. Eliza Patterson. of No. 203
Washington street. testified as to hav-
ing seen the child on the evening in
question. Her face was swollen and
her mouth bleeding.
Ata 10 hn
dition OF the child's face and said he
noticed blood on her face and also upon
her dress.
Mrs. Eliza Jamison, OF Third and
Washington streets, testified to having
seen the child's lips swollen and blood
upon her face. Mr.. and Mrs. John
Whitcraft. OF No 2O3 Washington
street, gave similar testimony.
MABEL WILLIAMS EVIDENCE.
Mabel williams. the child upon
whom the assault was alleged to have
taken place. said she had been sent to
the kitchen by Miss Davis and while
there entered into conversation with
the cOlored cook She was censured by
Miss West for speaking TO cOlored peo-
pie She then went out into the yard
and Miss Davis called her several times
to come into the house. but she refused
to do so. Miss West and Miss Davis
together with the laundress, then car
rled her to the house. She resisted and
some one struck her in the mouth. al
though she could not say who. Miss
West put her hand over her mouth to
prevent her from screaming, and she
tried to bite her. She admitted to
having struck Miss West.
Mabel denied being knocked down
but stated she sat down of her own ac-
cord. On crOss-examination by Mr. Cur
tis, Mabel said that she had not been
badly hurt The only place she suffered
was from her mouth. When Mr.. Stout
examined her face IL was dark in the
room. She said that she was not struck
by bunch of keys. Mabel said that
she was not afraid Of Miss West OF
Miss Davis abusing her further
ASKED FOR DISMISSAL.
Upon the completion of the testi-
mony Mr.. Curtis asked for dismissal
He claimed that the girl had not beer
assaulted in a leal sense. That the
child had not been struck until she frs
struck one of the attendants. The mere
fact that tho ohilds lips we're swolleI
and her mouth bleeding did not consti
tute an assault under the evidence
The attendants had a right to enforc'
obedience.
Judge Ball inquired If the attorne!
meant to contend that it was necessar!
in order to enforce obedience to trea
the child in the manner as described b.
the witnesses. Mr.. Curtis replied tina
he did.
well. the court does not believe it,.
said Judge Ball. This court will no
sanction those methods. Call your wit
nesses."
For the defense Miss Isabella Davi
said that she had been attendant at tn
nursery since December 5 last Sh
corroborated to great extent the tes
timony Of Mabel, and admitted havin
struck the child two or three time
with the palm Of her hand After sh
struck Mabel she screamed. She did no
hit her until the child had struck Mis-
West Miss Davis could not remembe