The Birmingham age-herald., 1905-09-13
OPINION RENDERED
 BY JUDGE FEAG|N Decides What Constitutes Tres pass on Another'S Property AN INTERESTING CASE Woman Went After Children Who Had Been Taken From Their Grand
 mothers House By Their
 Father.

Judge N. B. Feagin of the inferior crim- inal court rendered an opinion yester- day of more than ordinary interest. It was in the assault and battery case of Mrs Julia Wachter ys. A R. Wissinger, a railroad engineer. The case itself was of unusual interest. growing out of the separation of Mrs. Wachter from her hus- band and the possession of their two minor children little girl of about seven years and little boy about four years of age. Wissnger was fined $10
 The point which Judge Feagin was called upon to decide was not that of pos session. but that of trespass, upon which hinged the guilt or innocence of Wissin- ger. The direct charge was that he struck Mrs. Wachter while In his home.
 The case attracted a large crowd to court, including a number of female wit nesses and friends of both sides. From the evidence it seems Wachter and his wife separated about six months ago while they were residing at New Decatur. Wachter came to Birmingham. where he secured work. A short while afterwards Mrs. Wachter decided to come to Birming- ham and work for living She placed her children In the care of her mother, who lives at New Decatur. Recently she received a letter from relative which said that Wachter had taken the children from the home of their grandmother.
 Went After Children.
 Upon receiving this information Mrs. Wachter proceeded to the wissinger home and is said to have entered without an- nouncing herself. She was accompanied by friend who remained on the out side. Finding the family at dinner she stated her mission. saying that she want ed her children. She was told they were not there and then followed the scene in which Mrs. Wachter claims she was knocked down by Wissinger and pushed down the steps by his wife.
 An important witness In the case was Wissinger's son. who said that he ran out of the house when his faths, sls 1t down the windows and closed the doors. Another important witness was the lady who accompanied Mrs. Wachter to the Wissinger home. She told of the blow that passed.
 The little son of Mrs. Wachter was in court with her. It was understood that the little girl is still with the father.
 Judge Feagin gave the following opinion after hearing the evidence:
 Judges Opinion.
 'Trespass after warning cannot be com nitted by a person who has lawful cause or a good excuse for entering upon the premises of another In this case there Is no claim evidence that the prose cutrix had ever been warned not to trespass upon the premises of the defen- dant. A person can be guilty of tres pass when he enters the premises of an- other and is warned to leave, and fails or refuses to do so immediately.
 Tn this case the evidence shows that the prosecutrx, after she had entered ti2 premises of the defendant. was warned to leave. The prosecutrix had started to leave in obedience to the warning of the defendant and was called back by tAe wife of the defendant Warm words en- sued and the evidence shows that the de- fendant let down the windows and shut the doors of the room in which all tist persons were congregated, thus preventing the prosecutrix from leaving. The evi-
 
 fendant struck the prosecutrix when the doors and windows were closed, but when the prosecutrix came out a disinterested witness testified that the defendant knocked the prosecutrix down and that the wife of the defendant pushed the prosecutrix down the steps leading to the home of the defendant.
 "The law justified the mother of the children In going to the house of a brother-in-law to get the children who had been surreptiously taken from the home of their grandmother. Such a cause was a legal cause and good excuse for entering upon the premises of the de- fendant, and while the defendant had the right to order the prosecutrix to leave he had no right to use such violence. There fore I impose fine but make it light because of the action and the talk of the prosecutrix, as shown by the evidence while at the defendants home.