Los Angeles herald., 1905-07-21
CHILD BEATEN
BY HER BROTHER.
GIRL SHOWS SCARS MADE BY
RAWHlDE
TELLS HER STORY TO JURORS
Little zobIana cervals Appears as a
Witness Against Member Of Her
Own Family, but 6ess to
Be Sent Home

With her sturdy little legs barred
showing the scars where the cruel
rawhide whip had bitten deepest. little
zobiana Gervais, prosecuting witness
against her brother, who is charged
with criminal cruelty, yesterday stood
before a jury in Judge Smiths court
and although her wounds had scarcely
healed begged that she be sent back to
her home to live and be happy with
that same brother.
The little girl proved one of the most
peculiar witnesses ever called to the
stand in the criminal department and
with her great, brown mysterious eyes,
glancing first toward the prosecuting
attorney and then toward her brother,
she proceeded to answer the questions
with the embarrassing truthfulness Of
childhood.
When the youngster marched into
the court room yesterday afternoon
during the trial of William Gervais she
looked as though she were going to
her brother but she was taken to the
opposite side of the court room. When
her turn came to testify the court
again met with difficulty in trying
to ascertain whether the child under
stood the nature Of an oath.
do you go to Sunday school?"
asked Judge Smith, as the diminutive
little miss seated herself comfortably
in the great witness stand and allowed
her feet to swing over the edge of the
chair.
mo, go to church." came the laconic
answer.
do you know it is wrong to tell
something that is not true?"
"Yes, 1t is wrong. 1 don't know why,
but L guess it's sin, that's ALL"
"All right; swear the Witness re-
marked the Judge, and the child raised
her little right hand while the clerk
solemnly read the pledge of truthful
ness.
"Well, I guess I am here because
my brother whipped me-" testified the
child under cross examination. "On
the day I was whipped my sister sent
me to the store to buy some ribbons.
had fifteen cents change but lost it
| and told my sister the store man had
not given me the change. knew I was
going to be whipped anyway and SO I
| just told that story as a chance.
my sister told me to go back and
get the money, but the store was
closed so after sweeping the house and
wiping the dishes I went to bed.
Pretty soon my brother came UP from
his work and made me get UP. He
never said anything but started to
beat me with the rawhide. 1 begged
him not to beat so hard because I was
bleeding but he kept on and then my
sister came up. She stayed about two
minutes and then went away and my
brother started to beat some more.
"Beat Me Pretty Hard"
eyes, he beat me pretty hard" tes-
titled the youngster, but true and loyal
to her relation, added but he has al
ways been a good brother and has
made money for me and my two Sis
| ters and would like to go back home
and live with him."
"Why would you like to return
homer" asked the attorney. "Are you
not fond of the House of the Good
Shepherd"
"They are mean to me there" an
swered the child, "and I don't have
| good time at ALL"
1.-THE next day after the whipping"
continued the youngster, II was play
ing out on the street when a lady
across the street called me over and
examined my legs and then called in
the neighbors to see the cuts and
bruises on them. 1 wanted to go back
home but they said that If 1 did I
would be killed. They sent me to the
hospital where the doctor rubbed some
good smelling stuff on the sore spots
and then they sent me out to some
home where 1 didn't have a good
time"
Shows Cruel Scars
The child then took down her stock
ings at the order of the court and
standing on a chair before the jury
pointed out which scars had been
made by the beating.
The brother, who is an iron worker
at the Llewellyn Iron works, took the
stand in his own behalf in the after
noon and told the court that his little
sister had been taking small sums Of
money given her by trades people in
change and had kept it instead Of taxi
ing it to her sister For this reason,
he said, she had been so severely dis
ciplined.
Former Humane Officer Webb, who,
it is said, was removed from Office be-
cause of his leniency toward Gervais,
was the next to testify. He explained
that he had been lenient because the
child had proved refractory and be-
cause the young man had taken care
of his three sisters for many years
past and was doing more than q mans