Arizona republican., 1905-01-15
THE ESISTER'SSTORY
First Testimony in the
 FOundIingS Case
The Mistake Was. hade in the First Place by the Priest at Clifton and Horenci.

The end Of the trial of tFE New York Founding Hospital case is not in sight. The arguments on the law points were concluded yesterday morning and the respondents motion to quash the writs of ha5eas corpus was denied. In the afternoon the taking of evidence was begun. MT. Ives for the hospital au- thOrities suggested that time might be saved by taking an adjournment until Monday morning; he thought that he might arrange his side of the case so as to dispense with much evidence that he would put in if he were com pelled to proceed at once. The court, however, ordered the hearing to pro- Ceed.
 Two documents were offered in evil donce by T. D. Bennett for the hospi- tai people. One was an amendment to .he charter and the other was a docu- ment authorizing a change of name of Sister Annie Kelly, assistant secretary of the hospital She said that she had been connected with the institution for the last twenty-One years. She super vised the payment of expenses and the placing of the children in homes. She told an interesting story of the man. agement and work of the hospital which sho said now had the care of 1900 children end that on an average it found homes for 400 a year.
 The witness was one of three of the sisters who accompanied Agent Swayne to Clifton and Morenci last October when he brought thirty-six of the foundlings to homes which had been arranged for them by correspondence between Agent Swayne and Father Mandan, the priest at those places.
 The witness began telling her story in a narrative form but Walter Ben nett for tle respondents objected to the introduction of so much waste ma terial into the hearing. The greater part Of the time the witness was on was consumed by arguments on obejec- tions.
 The story told of the tumultuous eX- perience of the sisters and Agent Swayne at Clifton and Morenci had already been many times re-tOld but she admitted that a mistake had been made in the bringing of the children to those places. That was the fault though Of the parish priest who had represented to MT. Swayne that the families with which the children were to be placed were "Castilian Ameri- cans respectable and able to read and write the English language The wit ness said that her object with that of the other sisters in coming at that time was to inspect the homes which had been provided for the children. They had no opportunity to do so.
 The witness presented a record of the children now in court in order to show the legal control the hospital eX- ercises over them. The record of the little boy William Norton of whose case a test case is made shows that he was born on oct. 4, 1901, out of wedlock in the institution and that on the same day his mother legally surrendered him to the hospital authorities.
 The last witness of the day was Deputy Sheriff J. Dunagan of Graham county. He hod acted for the citi zens in tho height of the excitement and testified that there had been in language during the two days and nights when the mining camps were excited and something had been said about tar and feathers in with Agent Swayne. It was brought out by him that three of the