The Savannah morning news. (Savannah, Ga.) 1900-current, 1902-12-09

the utter unworthiness of the father
to care for the children-his shiftless-
ness, drunkenness and irrational ac-
lions. Many witnesses were examined,
and the trial was productive of SEN
sational features.
First Point in litigation.
The first point in the litigation was
won by the plaintiff. The defendant
filed a motion to dismiss the case,
maintaining that there being already a
suit in the Superior Court which was
a court of competent jurisdiction, the
matter would more properly come up
for trial before that tribunal. The ar
gument on this point occupied more
than an hour. at the termination of
which, Judge McAlpin rendered his de-
cision, overruling the motion to dis
miss.
Baldwin himself was a witness for
the defense, while his wife appeared
as a witness for the husband of Mrs,
Kersh. She testified that recently her
husband had practically deserted her
for Mrs. Kersh: that he had removed
most of his wearing apparel from their
home to hers, and for the past two
weeks. had not been home at all. So
sure was she that her husband was
faithless that she decided to investI-
gate the matter.
Mrs. Baldwin told of how, one even
ing a short while ago, she Swallowed
her husband to the home of Mrs.
Kersh. While giving her testimony,
she almost broke down. Her voice was
filled with emotion. She said that dur
ing the twenty-five years of their mar
ried life this had been the first rup-
ture, Baldwin denied that he had Oft
en- gone to the home of Mrs. Kersh,
saying that he had gone on occasion
to get his lodge dues. His testimony
will be resumed tomorrow.
Ugly When Intoxicated
Matilda Grace, a colored servant tes-
titled that Kersh got drunk every now
and then, and when under the influence
of liquor. was rash man. She said
that she had observed him sharpening
his razor with the expressed intention
of "butchering the whole business. -
Her testimony was, in effect, that
| Kersh was very jealous man, but that
| during the time she was employed she
| had never seen Mrs. Kersh do anything
| immoral.
A number of witnesses were exam
| ined for the purpose of establishing the
| contentious of the plaintiff that Bald
| win had been very attentive and. at
| times, unduly intimate with Mrs
| Kersh. They told of confidential chats
which they had overheard between
| them at the telephone; of his frequent
visits to the house, and of occasions
on which they had Swallowed him when
he visited her house.
| Mrs. Kersh did not testify, though
| she filed her answer to the application
of her husband for the custody of the
| children. She said that her husband
acted at times in a manner which
| caused many to think that he was
| mentally unsound: that he was often
under the influence of liquor. and had
| threatened her and maltreated her,
| and that because of his conduct he
was en- unfit person to whom to en-
trust the care of the children. or with
| whom to associate.
The older of the two children. Rob
| ert, was allowed to testify. He said
that he worked at the Southern Cot
ton Oil Company during the day, and
| attended school at night He said that
his mother had always been kind and
Considerate to him, and that if he were
allowed to choose a guardian he would
select her He testified that his father
sometimes had crazy spells, at which
time he would threaten the life of the
family.
stood by Her Sister.
Mrs Kersh's sister. Mrs. Mary
Helme, was present throughout the
trial. She, as well as others. testified
as TO the good character Of her sister.
| Boarders in the house testified that
during their tenancy they had never
observed any suspicious conduct on the
part of Mrs. Kersh.
Mrs. Kersh, who is a woman with
rather comey face, was dressed in
black. During the progress Of the
trial, she listened intently to every
word Of the evidence. She glanced
| seldom at her husband, and did NOT
seem annoyed by the testimony against
her She conferred frequently with her
attorney, and when ever a telling point
was made, showed plainly by her ex-
preston her approval or disapproyal.
The attorneys representing the APP
| pllcant Mr.. kersh. are Messrs. ID
/ ElWood McCuen and William r. Slater