South Bend news-times. (South Bend, Ind.) 1913-1938, 1915-11-09
HUSBAND Is NOT
ALLOWED TO TESTIFY
CONTINUED FROM PAGE oNE)

tears OF her husband and begging him
/ to leave the sect. She told OF a REIN
acting OF the scene in the Garden OF
Eden OF old and the forbidden fruit
Fear OF the resurrection" alone held
both herself and her husband from
| the love they craved. she said in an
! swer to the many times asked ques-
ton as 10 whether they had abided
| by the rules and regulations OF Israel.
Produces Letter.
Then what do YOU make Of this?"
| snapped Atty. O'Hara, producing a
letter Mrs Holiday had written her
husband, who at ths time was on the
kIsraelite northern colony on High ISL
and. He quoted:
ALLAN. 1 was never the same af-
ter you done what you did" The
young woman on the stand bowed her
head.
1T was in the heart she said.
slowly, quietly, and the sin harbored
in the heart is as great as the sin
itself" Mrs. Holiday explained fall
teringly. eyes downcast, that the rules
of the colony were strict and binding
so far as cOnsummation Of marriage
/ was concerned and that the penalty
| thereof was great. She referred to
the resurrection" she enlightened.
Before her. with Attys. Sterling
and Whitney, sat her sister Mrs.
| Lena McFarlane. also an ex-member
OF the cult, and also the seeker OF
a divorce from a husband still within
the colony and at High island. For
her she said, she had made the aft
davits concerning Benjamin and life
| at the colony. She had thought they
would assist both herself and her sis
ter in securing divorces, and had held
mot once a desire to secure funds
from Benjamin"
Rosetta Bears Brunt.
The code of man and his laws and
the code Of the House of David and
| its rules for motives and acts were
frightfully jumbled during the days
examining by attorneys for both
plaintiffs and defendant QuintO Ro-
setta received the brunt of examina-
ton along this line.
QuintO, a native born American, he
| said, from Usage City, Kansas. his
long dark hair hanging Walter
Raliegh-like about his broad shout
| ders. heavily bearded and neat OF
dress. followed Mrs. Holiday to the
stand.
Rosetta had been a member Of the
colony eight years and was one of
| the Is couples married in the winter
of 1910. Mrs. Holiday and Mrs. MAG
Farlane had pledged to honor and
| obey with slight accent on the love
part Of ii at the same time. So had
Quinto. but he had fallen by the way
side, and now that the news is out
and on record at the court house,
Benjamin has ample room for action.
His opening testimony dealt with
trip TO High island on the Israelite
steamer Rising Sun" two years ago
] in December. The trip consumed a
week; Mr.. and Mrs. Holiday were on
4
made at CharleVoix. 1t is 800 miles
TO High island from st. Joseph. AT
least five times during that week, Al
J Ian and his wife were seen to enter
| a stateroom together; Rosetta saw
them and took cognzance of the fact.
fHe had eyes, he ksaid, and could see,
and was somewhat defiant as he spoke
| to the jury concerning these state
| room visits. Was there anyone IN
| the stateroom with the 'culprits? He
couldn't say, but he remembered the
| occurrence
Turned over to the plaintiffs attor-
! news, he admitted his shortcomings
and the temptation of the serpent. He
referred to the class marriages at the
| colony-they married in bands of 10
/ and more at different times-by stat
ing that another batch was we'd"
Quinto was followed by Earl Barn
] ard Tucker, an eX-member, son OF
aforementioned Brother Tucker of the
1Garden of Eden.
Planned a FrObe.
! Earl Barnard first read and identi-
| fed an affidavit in the hands of the
defense in which he told of a meeting
| in the offices of Atty. Whitney. Broth
/ er Francis, he said, on croSs-eXamina-
! ton. had written the affidavit from
things he had told him Earl was at
sL. ,,.IsN Irrf hn Ell rs11I
| way company That the "eXes' were
to band together and secure a probe
of BENJAMIN and the colony. he said,
was the plan of Atty. Whitney; money
! in the way Of damages was to be
/ forthcoming if they won. No, he was
promised no money directly-on cross
examination. Also on cross Xamina-
! ton. Judge Weist, whose business Is
business and this is business" motto
was felt throughout the court house,
asked Earl to relieve himself of a
very large piece of gum which had
worked itself into a frenzy during the
! testimony.
See if you can talk so people can
hear you now" ordered the judge
as Earl emerged from the jurists' rest
room minus the tidbit.
! Earl said at the time he left the
colony he was "sore" at it, and yet
he wasn't. So far as he himself was
| concerned. he was against it; so far
as anyone else was concerned, he
| wasn't
Earl mentioned a little blonde"
whose name he could not remember
! as a person mentioned in the alleged
! seeking Of evidence against Benjamin
at the 1914 session. While still trying
TO recall her name he was excused
and Judge Weist adjourned court un-
| Til Tuesday morning at o o'clock.
DIRECTS FOR ISRAELTTES.
ST. JOSEPH, Mich, Nov. 9.-Judge
| Weist Monday directed a no cause for
action verdict from the jury hearing
oo-o 90 Tn boy