The Washington herald., 1907-06-13
Observation-Disclosures
Suit Against W. E. Z. Stokes
Thrown Out of Court.
PLAINTIFF BREAKS DOWN
Is Led Weeping from stand After
Awful CrOss-examinatiOn by AttOr-
ney for Recommendations Not
Adduced to Prove Cnse-DemRnded
$500 n Month for support of Son.

New York. June t2.-After the trial had
some of the most sensational testiomony.
the suit of Mrs Lucy Randolph against
W. +. d. Stokes, for the support Of her
child. of which she claims he is the
father. was thrown out Of court this aft
ernoon by Justice JaycoX az Flushing. lie
sustained a motion to dismiss made by
Abe Gruber, counsel for Mr.. Stokes,
holding that the plaintiff was not suing
for the recovery Of any definite or stated
expenditure. but simply on the strength
Of an indefinite promise made by the de-
fendant to provide handsomely" for the
child.
Mrs. Randolph asked for 500 a month
and no evidence was introduced by the
plaintiff 10 show that Stokes made any
agreement specifying any definite amount
which he should pay for the support OF
the child
George Gordon Battle. counsel for the
plaintiff. stated that he will Immediately
file a notice Of appeal. This cannot come
up until October. when the appellate d.
vision Of the Queens County Supreme
Court sits next
Mrs Randolph listened 10 the argument
Of counsel. which was long and heated
with great deal of interest, and did not
seem discouraged when Justice JaycoS
announced his decision. She left the
courtroom at once with her little son and
his nurse, IN the company Of Mr.. Bias
OF Mr.. Battles Office.
Il have complete confidence in Mr. Bat
tie" was the only comment she would
make.
Breaks Down on stand.
After a half hours mercilcss crcss-ex-
animation az the hands Of counsel for Mr.
Stokes. Mrs. Randolph broke down on the
stand and wept bitterly. She went COM
pletely to pieces. and had TO he helped
from the witness chair by Court Officer
Wilson.
As soon as she had reached an ante
room, where she was joined by Mrs. Muir
ply. her maid. she went into a fit OF
Mysteries. laughing and crying in turn
The sound OF her grief could be- heard all
over the courthouse.
The ordeal which Immediately preceded
the breakdown was one cf the hardest
through which "a woman ever passed in an
open court room.
did YOU know, asked Mr.. Gruber
"that il was morally wrong for you Ia
have a child out Of wedlock2'
why" replied the witness, Mr.. Stokes
promised to adopt the child.
"Well. didn't you appreciate the mora
side Of the agreement by which you
lived with d man as his wife. without
being married 10 him2
said He Loved Her.
"AIr. Stokes said he would never marry
the best woman on earth, and-and-l
loved him. and he said he loved me- she
faltered
We'll. this love that overbalances al
morality began the second time YOU met
Mr. Stokes. didn't it," sneered Mr.
Grubrr. swinging rlumphantly around tc
the jury.
Then came tho sohs and tears Pullnl
down her heavy veil and throwing lei
head forward into her folded arms, hei
whole body shook with grief Grubel
stepped back, sabashed at what he had
done.
Mr.. stokes. seated Just inside the rail
was very IN az ease. and showed IT, Hf
took off his glasses. and his hand shook
violently He looked everywhere but al
the grief-striCken woman.
Dr. Horace 3. Taylor the first witness
called. attended Mrs. Randolph az th'
time the boy was born. Dr. Taylor testL
fed on direct examination that Mr.. Stokes
was i'm the house an hour or an hour ant
half before the child was born, and thai
he called there an hour or so after tbs
birth of the baby and remained for sew.
ersl hours.
Mr. Gruher subjected the witness 20 2
stiff cross-examination, and f. was
brought out that the birth certificate
made out by the doctor when Mrs. Ran
dolphs child was born bore the words
Name of father unknown" Dr. Taylor
said that he could not remember what h'
had written i'm making out the certificate
and a certified copy was shown 20 him
After ha had looked at il he was asked
where he got his information about Tho
maternity of the child, and he replied tha'
ne supposed he must have got 1T from
Mrs. Randolph, but he could not positively
remember.