Los Angeles herald., 1906-10-10
BABIES EXCITE
PITY OF JUDGE
MOTHER CLAIMS FATHER IS A
NEGRO
Claims She Finds Tant Of African
Blood in Her Husband After
Twenty Years Of Married
Life

one Of the most pltiable yet peculiar
cases In the history Of the local courts
will be settled this morning when
Judge Walter Bordwell hands down
a decision I'm department nine of the
superior court either divorcing or de-
nying decree of divorce to Mrs. Mary
II White, who recently filed suit
against Albert White, asking annul-
ment Of marriage on the ground that
he Is q negro. The couple have lived
together twenty years.
White for many years has been
agent for an eastern insurance COM
pany and has always been looked upon
as a capable man. He Is dark and
his hair has the slightest suggestion
Of a kink, yet none Of his business
associates ever imagined that he had
any negro blood in his veins, and sew
eral Of them were in court yesterday
to testify as to their opinions Of
White. Many of them contended that
he was white, while masses of evidence
poured in in behalf of the woman's
allegations in which the far away wit
nesses back in Tennessee where White
came from allege that White is
negro.
Sympathy for Babies
If the fight was simply a difference
between husband and wife it would
not be so bad, but yesterday the at
torneys in the case fairly WINGED as
they watched Whites two little baby
girls fair faced blue eyed and golden
haired youngsters, romping and pratt
Ting about the court room all uncon-
scious of the fact that If the divorce
Is granted on the ground that the
father is a negro. their baby lives will
be practically ruined before the tots
have a chance.
AS for White he is fighting desper-
ately to offset the charge brought
against him by his wife. He is de-
voted to his babies and they seem de-
voted to him. Yesterday when Judge
Bordwell took the youngsters away
from both father and mother and gave
them to Mrs. Whites daughter by
former marriage, the father could
hardly bear the decision.
1.-THE case is one Of the most peculiar
and unusual I have ever heard of"
said Judge Bordwell last night.
According to the contentious of the
attorneys in the case, If a man has a
drop of negro blood in his veins he is
a negro, negro entire. If this man
White is of African descent the taint
is slight and If / should find that he
is negro, / would determine as best
l could just what taint exists. Ac-
cording to the laws of California, If
a man is less than one-eighth negro
he is a white man. 1t has been SO
held, and of course my ruling would
necessarily follow the precedents rath-
er than any law of the southern states.
Children Handicapped
"But still, however the decision in
the case is, the children will be put
under a severe handicap because Of
the allegations against their father"
Yesterday when Mrs. White was
asked concerning the case, she said,
"Well. I didn't file the charges against
my husband alleging he was a negro
until after the first case for divorce
had been dismissed and then he taunt-
ed me about it and l investigated and
filed second charges for divorce
"Oh, about the children. Well, if
the court did find that White was a
negro the children would not have
enough negro taint to amount to any
thing"
The first suit for divorce against
White was filed several months ago
in the superior court and at that time
Mrs. White alleged cruelty and set
forth many instances when, according
to her allegations, White had been
cruel to her. White at that time went
before the court and conducted his
own defense in such manner that the
cruelty charges were denied.
Denied Divorce Once
Shortly thereafter trouble again
arose between them, and the second
charges were filed against White, in
which his wife alleged that he had
been cruel to her because he had mar
ried her under false pretenses. She
alleged that he was a negro and that
his cruelty consisted in the fact that
he had lived with her for many years
without telling her about the taint
White entered a general denial and
yesterday again undertook to conduct
his defense against three attorneys
representing Mrs. White. He contend
ed that his parents were white, but
he was not certain as to ages and
names. He told the court that he
and Mrs. White had been married by
contract and not by ceremony
The judge then refused to allow any
of the cruelty charges to be advanced
except that relative to the negro prop
osition by which an annullment of
marriage might be secured.
The court room was thronged and
many dispositions were read from in
habitants of villages near Whites old
home One witness in his deposition
stated that White had always been
known in Tennessee as a "FitzpatriclS
nigger."
White then produced several wit
nesses for his defense and took the
stand and gave testimony regarding
his early life
A decision will be handed down this
morning at 10 o'clock.
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