The Hartford republican. (Hartford, Ky.) 18??-1926, 1913-07-04
FOR
BABY'S name
Infant Human Question
Marx In Sordid Question.
Alleged Father Says He Will Go
To Penitentiary Rather
Than We'd.
No. 81

little baby girl-a sort of human
question mark = smiling, laughing.
cooling; sordid reams of testimony
about her-and the fight not over YET.
That's the story of the case of Henry
8. Ervay. Jr.. charged by beautiful
Elsie M. Johnston of wronging her
under promise Of marriage.
At the end of a trial lasting ten
days-a trial fraught with bitterness
and sensational disciosures-a nerve
racked jury stood eight to four for
conviction and was discharged as I'M
able to agree. Prosecution and de-
tense are now laying their plans for
a re-trial of the case.
Conspicuous in the crowded court
room at intervals during the trial
was the little baby girl, born to Miss
Johnston less than two months be-
fore. Ervay, who comes Of O. wealthy,
family, IL accused by the mother with
being the father of the child.
He allowed his attorneys to stipu-
late that he had bn guilty OF i'm
proper relations with the girl, but
emphatically denied while testifying
that there had ever been a promtse
of marriage, and attempted by a long
string Of testimony to prove that Rex
B. Clark, millionaire rancher, had
also been guilty of similar intinacy
with the prosecuting witness.
Ervay and Clark are both former
secretaries of the County Highway
Commission, and met Miss Johnston
when she entered the employ Of the
commission as stenographer.
Each took the girl. witness sadd,
to the cafes to dine and upon auto
mobile trips at night, but while there
was nothing to show that Clark had
been guilty of any wrongdoing. 1t was
established that Ervay took the girl
to the Hotel del Coronado on the
night of April IL. 1912, and register
ed her as his sister, Margaret Err
way" 1t was then, she testified, that
he betrayed her under promise to
make her his bride ON the following
day. Usl.is,
Clark has been doing everything
in his power to assist Miss Johnston
in the prosecution Of Ervay and has
been assisted by his wife, Grace
Scripps Clark. who on the stand de-
clared implicit faith in her husband.
Mrs. Clark remained at her husbands
side all during the trial and took the
stand to testify that she was never
jealous of Clark and that Miss john
ston was their mutual friend.
All thru the long trial, Miss John
ston sat huddled In her chair, clutch
ing her baby to her breast. 1t was
held aloft before the jury that they
might compare II with both Ervay
and Clark. The comparison was
against Ervay, for Its hair is light,
like his. Clark's hair Is black.
Efforts to compromise have been
abandoned. The mother merely wishes
to vindicate herself and legitimatize
her baby. Evray was told that II he
would marry the girl, he would be re-
lieved of all financial obligations and
allowed to get a divorce at the end OF
a year. He declared he would go to
the penitentiary before he would give
the girl or the baby his name.
Woman's organizations have sent
delegations to the trial. They declare
that the working girls OF San Diego
must have protection. But the baby.
the most innocent and most unfortu-
nate principal In the whole depior-
able affair, has the sympathy OF all.
Ervay declares he will never give
in-Clark and the District Attorney
swear that the prosecution will be
continued until a jury returns a YER
dict. Miss Johnston says she could
happy II Ervay would only give her
baby his name-she doesn't. want him
! TO be her husband. And the baby still
cooes and smiles a. II the world had
haan vary gOOd In her