The Detroit times., 1911-02-03
LlUIEI
TRIES HARD TO
Save HIM
Tells Jury Prisoners Confeasien ~
He shamsfnlly Abused Dsne1tss
Was Made at Time whsn He
Was Mentally Inmompstent.
Several Witnesses Called To Delsepu
Up Defense-Girl Victim Bsttr
Was Mentally Incompetent.

In spite OF the fact that LILY Pen
der, testifying while lying dangerous
ly III In st. Mary's hospital. before tho
jury which is trying her father on
charge OF abusing her. that he VA
responsible for her illness. Attorney
William s. Currie, for the Defendant.
made the following statement IN fho-
course Of his opening address to the
jury, Friday morning:
Il believe we will also succeed IN
showing you that this charge Wa
brought about through personal H.
terest on the part Of this defendants
son, James, and to satisfy his Greod.
and on the part of his daughter TO-
free herself. from the disgrace tint
would naturally adhere to her II she
had laid the blame of such relations
upon somebody outside OF her own
home. as she was engaged to be mar
ried"
Attorney Curries also declared that
he expected to show that II was I'm,
possible for the father to be guilty
as charged. and argued that the con-
fession of guilt made to the police at
the time Of his arrest was made ut 3
time when he was not In state of
mind to know what he was doing.
Evidence, bearing on James "pers
sonal interest" mentioned by Att0r
ney Currie, was given by Charleo
Dorland. brother of Pender's second
wife. He said that shortly after the
arrest OF Pender, he overheard
James, the son. say. In substances.
that he would be glad when the trou-.
BILE was all over, and his father sent
to prison for life; that he and his.
sister would then get an equal share
in the property. II transpired. bow
ever, in Dorland's testimony. that PEN
der was not yet the owner OF the
OF his arrest that he was simply
making payments on 1t.
Cross-examined by Prosecutor Van.
Zile. the witness said he was q win
|dow-cleaner and that he and his Wtlo'
and children were now living In the
Pender home James, he said. Wa
not living there any more.
James Pender, the son, about H.
years old, who testified ON Thursday.
was recalled for cross-examination
He denied that he had ever gone into
his sisters room while she was thero
without first knocking. He also DE-
MED that he was In the habit Of go-
ing into the bedroom OF HIS step
mother. She had not complained TO-
him about 1t, either, he said. In a1z-|
.swer TO question.
The defense produced q number OF
witnesses I'm the hope OF showing
that Pender's conduct toward his
daughter was always proper.
Mrs. Sarah TwydeIl, No. 194 Isor-
enz-ave., said that Pender once board
ed In her home, while he worked on
a farm for her husband, near St.
Thomas, Ont. and later, accompanied
by his wife and two children. board
ed In her home In Windsor and De-
troit. She said there was nothing
wrong In his conduct toward his
daughter.
Mrs. Twydeli's husband gave sinh
lar testimony.
Up to this time Attorney Currfe'
had been referring to Lily az the
'prosecutrix." Prosecutor Van Zilo
complained about the use of the term,
saying she was not the one who was
doing the prosecuting; that It was the
people. Attorney Currie no longer
made use Of the word.
Mrs. Alberta White, OF Springwelis,
testified that Pender and his two
children boarded with her while he
worked for her husband as q team
ster and said he always acted proper
ly toward his daughter.
Mrs. william Heterly and her hus-
band, living at No. 80 Phelps-ave., al
so gave testimony In regard to the
boarding OF Pender and his children
at their home, after the death OF
Pender's first wife. They said Pen
der's conduct toward Lily was then
all right, so far as they knew. and
they felt that they would have been
in position to know II there WAS
anything wrong. &
DIR. e. l.. Emmons, No. % Avery
ave-, testified that he had treated Lily
for lung and nose hemorrhages, and
that her father had assisted In car
ing for her.
In connection with the arrest OF
Pender II transplred that the Rev. J,
Adolph Halmhuber, pastor Of the Wa
terman-ave. Evangelical church. which
Lily attends and where she sings IN
the choir, brought the attention Of
the case 10 the police. Il. A Hunt,