South Bend news-times. (South Bend, Ind.) 1913-1938, 1915-11-09
Defense in St. Joseph Trial
Contends Allan P. and Au-
guSta Halliday Are Not
Man and Wife.
NOTHING IMMORAL IN
LIFE OF C0L0NISTS
Members Occupy Separate
ApartmentS-SeveraI Wit
neSSeS Are Called by
the Defense.
ny Stan Correspondent.


ST. JOSEPH. Mich. Nov. 9.-Sev-
eral witnesses were introduced by the
defense in the $500 suit for hbel
SANDER, instituted by Mrs. Augusta
Halliday against Coy Purnen of the
House Of David.
The principal question raised this
morning was whether or not Mrs.
Halliday Is the wife OF Allan p. Hal
Eday. When Halliday was called on
TO testify the plaintiff raised cues
ton saying it was not permitted by
Michigan law for a husband TO testify
against his wife.
The defense answered by stating
that since Mrs. Halliday had charged
that her marriage was the result of
coercion, the Michigan law held that
she was really not the wife OF Hat
uday. Judge Weist was called upon
TO decide and he ruled that Halliday
was not entitled to testify.
Enos Mcfarland, husband Of Lena
Mcfarland, who is suing Prince" Coy
for SIS, 900, was called on the stand.
During the course of the trial Atty.
James O'Hara, counsel for Purnell.
stated that the rules Of the colony did
not prohibit marital relations.
Rules Were Changed.
Mrs. Charity Sassman, who has been
married twice, was called. She claim
ed that Ii was formerly against the
laws Of tae colony for a couple to
live as man and wife, bCt that this
rule is not effective now. She said
that although the order had been
abolished the men and women still
occupied separate apartments.
Mrs. Esther Johnson Hannaford was
another witness called by the defense
in its effort TO prove that there was
nothing immoral in the lives Of the
inmates of the colonies.
The defense is making an effort to
disprove the charges made by Mrs.
Halliday and Mrs. Mcfarland that
members of the House of David has
been guilty of immoral acts. 1t is
the contention OF the defense that
when the two women signed these af-
hdavits they were guilty of perjury
For the defense, Atty. O'Hara based
his examinations on the argument
that the whole affair Of the past year
in which the Israelites have been con-
nected was for the purpose Of making
Benjamin "COme across" He sought
10 show that Mrs. Holiday not only
had no interest in the suit for libel,
but that it was instigated by Atty
Whitney. OHara laid particular
stress on "One of her attorneys" and
IN his examination mentioned Whit
ney repeatedly.
Editor on Stand
Stanley r. Banyon. at the time
editor of the paper in which the
article appeared accusing Mrs. Holli-
day OF perjury. was the first witness.
He identified the letter. Deputy Sheriff
Frank Glover testified To the serving
OF "A notice TO retract on Purnell. The
plaintiffs rested and O'Hara called
Mrs Holiday. She took the stand
shortly before noon and left soon af-
ter the $3.50 o'clock recess.
'sTo hold thought of an evil deed
in tho heart is as sinful as to commit
it," she declared time and time again
during her examination by Atty. o.
Hara as to her wifely associations
with Allan Holiday. her husband
That these associations never cul-
minated into anything against the
rules OF the colony which forbid other
than the strictly friendly relation. "
was her assertion. However. she adj
United being sOrely tempted by the
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