The sun. [volume] (New York [N.Y.]) 1833-1916, 1902-11-25
WOMAN ON TRIAL FOR LIBEL?
BECiISE or Mrs. HEiTH'S LET
TER ABOIT 4 81 HOOLTEtCHER.
Did Miss Lynch alt On. or Nearly On. DR..
HOrrr's Lap while Riding Three on a
Seat: And. u She Did. What OF II: what
NeighbOrs "a, They Think They saw.

NeighbOrs "a, They Think They saw.
WHITE PLAINS. Nov "a Al Mamaroneck
and Westchester county had an eye and an
ear open for the trial Of Mrs Eliza W. Heath
here to-day on a charge Of having crimi-
nally libeed Miss Annie Lynch. who. until
trouble was stirred up by the alleged libel.
used to be a schoolteacher at Mamaroneck.
Miss Lynch is al present teacher in a
public school in New York.
One Of the questions raised in the case is
whether or not Miss Lynch ever sat on. or
approximately on, the lap of Dr. Adolph
Hoerr while riding three in a buggy. and,
if she did. whether or not there was any
harm in it.
Miss Lynch is "a. Mrs. Heath, who is still
short of middle age, bu; was not required,
"a Miss Lynch was. to state her years under
oath, is the editor of the Namaroneck Dem
OcrGt She tes, iiied that she was secretary
If the Citizens Association Of Objecting
TAXPAYERS. This association enrolled some
half-duzen members. she said. Sh" was also
president Of the Vigilance Committee on
Educational Management. The names Of
Ter vigilante associates she refused to
diy,igo, on the ground that the Vigilance
Associat ion would thereby he hampered in
the further prosecution of it, work.
The case for the 'Ople was conducted
10y District Attorney Young. assisted by the
Hon George :. Adnrcws. who, Mr.. Young
announced represented Miss Lynch.
Mr.. Young, addressing the jury, said that
the offence charged was contained III
letter written by Mrs Heath, and sent by
her to Miss Lynch and the president of the
Board of Education which was in part a.
follows:
MADAM Statements hNing made relative
10 past misconduct uTon Your part, frst
with a youth after whose death certain OBJ
scene letters were found signed by YOU and
Your sister. second relative to your rct~
Of misconduct with Or. iiocrr. health officer
of this place, We. the Obiecting Taxpayers
demand your resignation from the list of
our teachers
We take this course because of your sex
and because We do not desire by court pro-
,ccdings TO cause the repeal of your license,
70 the ,rd that you may by Cod grace have
:. chance to repent and reform.
The letter was signed by Mrs. Heath a
president Of tine Vigilance Committee ,dc.
The prosecution first Witness was Mrs.
Susan Herbert of Mamaroneck woman
"f visible dignity and frmness. Mrs.
Herbert testified that Mrs. Heath, who
friend, brought the offending
.-r to her and asked her to copy it, which
,.he did.
Mrs Heath had told her, the witness said,
that she had been forced to the course she
took in writing the letter by threats of
Principal Preston Of the school to invoke
tn. Compulsory Education law against
her because she had withdrawn her daugh-
ter from school on account of the things
she had heard about Miss Lynch.
Mrs. Herbert said that she herself had
seen Miss Lynch buggy riding with Dr.
Hoerr, married man. at the hour Of
p NJ. right in the principal street Of Mama
roneck Miss Lynch was sitting on the
doctors lap. with her own sister next her,
and Miss Lynch VAS laughing boisterously
Mr., Herbert had also seen the doctors
carriage In front Of the Lynch home, where
the whole Lynch family lived, as late a.
II O'Clock at night aud even after, and that
night after night. She had Also seen him
sitting on the porch there with three per-
SOFAS, no sat close together. as Close as
persons would III conversation. Some of
the nights were dark ones; others were
moonlight Mrs. Herberts house was a
block from the Lynches'.
Mrs. Herbert could not be sure that
DR.. Hoerr was laughing when he and the
two Lynch girls drove through the streets
n trois. Miss Lynch was driving while
he laughed and sa' on the doctors lap.
There had, indeed. Mrs. Herbert said on
cross-examration been times when she
ucCeesity-but never on married mans
"Of course. We know that is not the COM
for able way" said Mr. Andrews, nfTahy.
Had she ever called on the Lynchcs?"
"No. sir"
Had She over been to their house,"
Yes. whom bought milk there
Il take II thcr" has not been any great
unanini'y between You and the Lynch
family" said Mr.. Andrew No answer
MIR h,Tlurt "a m IL. tho wit moss tnpH
after Mrs. Herbert had been heard. iie
laid II" had told IN" Board of Education,
prior 10 The Heath letter. that certain state
In"nt- made regarding Mis- Lynch Were
rurroborated to an extent by what he had
-"cn ui the Young lady riding with mar ed
man
Nr. Herbert has possibly the only
wui-kers in America which George Foster
Peabody could rightfully envy Mr.. Herbert
waved these viii rare grace "a he added
o., don know a. there is anything wrong
~ Young lady riding on married man :
lap, bpt believe that 1t is unbeconing in
-,n,olt ach,r. saw her on the occasion
my .lfr testified 10 and once afterward
when ! was alone.
MIR Herbert testified further that he
had seen Dr. Hoerrs carriage before the
Lynch door for hours and hours, and he
lid spoken Of this fact TO the Directing
Taxpayers.
Have YOU ever seen Miss Lynch on the
doctors lap al any other time than when
lnere We're three ia the carriage?' Mr..
Andrews asked
Only when here were The three persons
there, said Mr., Herbert.
q Which way was she facing? Was she
facing toward the horse; \ She was facing
toward the horses tail. sir
. Well, that's part If the horse, | pro
sumo, iSu't ~ \ Oh yes, ! meant that
IN" wa. facing toward the horse
Mr.. Andrews had fairly roared his last
question and hs roarei tho next when he
askcd whether the Witness had meant 10
lie tacetious. MIR. Herbert said hat he
had not me ant 20 be facotiOus, and everybody
was sure Of II, even MIR Andrews. on re-
Fiction
Continuing the topic of the buggy ride
with the three persons Mr.. Andrews tried
TO find ont Mr.. Herbert's opinion f The
boisterous laughter on that occasion. Nj
Herbert was strongly of The impression that
some Of il was directed toward himself
Il don't think that they like me very
much" he said'of the doctor and his com
panions On the buggy ride, and ] think
that there was an unnecessary h'arty "a
passed.
Q Whist made Won think that they did not
Ike you> \ Their 10 Illhr mUnn"r showed
TOO planlv that they ia not. ~r
y WHAT Of their manner con Npu toll us'
\ \ toss Of Via" head -,"ak- volumes, air
. tBy Mr. Andrews, soi"nriv. lpI don't
know thai tn" cfrtlig" did not Jolt lu~i thou'
| should b"i"N" thai toss a SINGER just
la ID't moi pl.ilu