The Washington herald., 1916-07-09

One odd feature in the prosecutions
case had impressed him, and while he set
no especial value on 1t. yet it was against
this that he begun his assault
He recalled Mrs. Mason to the stand,
and made her repeat her former testi-
mony OF having entered the date of
Roses birth in the family Bible. Mrs
Mason was in a wretched condition of
nervousness. and bordering upon break
down. But she gave her evidence with
out haw' and all could see 1t was the
truth
Mrs. Mason" went on Dayenport.
you have testified that You wrote this
entry In the Bible. and that you did so
WITHIN three weeks after Rose Mason
was Dorm, now did II happen that her
father did not write it,"
He was not at home" said Mrs Ma
son. He was in Europe He had gone
70 Moscow on legal business for the gov
ernment He was absent from this coun-
try Tor ten months. He did not return
until Rose was nearly four months old"
see. We viii 60 into that later, Mrs
Mason. do you know the law requires
that record be made of every birth.
marriage or DEATH"
II did not know"
DO you know that there is absolutely
no record in the board of health archives
of Rose Masons BIRTH"
NO"
Ihere is not | examined the archives
while l was preparing this case There
is no record there Of her birth Yet you
nave said she was born in this city on
September 3. 1895"
Your honor" spoke up the district
attorney. that is readily explained. Mrs.
mason mas said she knew of no such
law. Senator Mason was absent from
home
If your honor pleases," said Daven-
port. that is no excuse. The law does
not require the parents to make such
entry. 1t is the province of the attending
lphysician-whether in the case of birth
or death-and of the clergyman and the
license clerks in the case of a marriage
Mrs. Mason he resumed. turning again
TO the witness, what physician was in
attendance when your daughter, Rose,
was born?''
II don't remember" raItered Mrs.
Mason.
You don't remember the physician
who attended you when your only child
was born? ?" exclaimed Davenport aston
Ished.
No"
Then what nurse did you have7"
Sarah Walters" said Mrs Mason.
She was with me from the year Of my
iLdIIldkt uulll nNe years ago.
Il know the Walters woman" answer
ed Davenport. she is now acting as
housekeeper in my sisters family with
the courts permission l shall send for
her to
No" intervened Mrs Mason Hurried
ly. Now that ! come to think Of it,
Sarah was not with me when Rose was
born ! remember now. She was threat
lencd with consumption-tubercu berculo.is-and
sent her to Ssranac for nearly a year.
She returned to us Just before Senator
Mason got back from Europe"
Then who did act as your nurse at
that time?"
II don't recall"
Mrs. Mason exclaimed Davenport.
| do you mean to tell the court that any
mother can forget such important cir
cumstances attending the birth Of her
only child? You cannot remember the
name Of the doctor OF the nurse? Who
Is your family physician"
Doctor Colfax."
How long has he attended your fam
uyr
IL don't know. Since my marriage.
think"
Then he must have attended you
when Rose was born and he must have
some record of her birth. even though he
seems to have neglected to make men
l'Oll Ol IL III lnt way prescribed by law
will ask leave to call Doctor CoIfax
He is"
No" again broke in Mrs. Mason. with
visibly increasing nervousness II re-
member now that he was not in at
tendance"
You did not call in your own family
doctor then? And you cannot remember
who was called in? There have never
been more than four physicians at a time
in Masonburg. There are three others In
the meantime"
Your honor" cried the district attor-
ney, noting Mrs. Mason's aspect of panic
terror. Il have listened patiently to this
line OF irrelevant. incompetent and imma-
terial questioning. because I know my
learned opponent has a hopeless case But
the time of the court is being tampered
with. l request to know what the name
of any physician has to do with the fact
that Thomas Fletcher is guilty OF abduc-
ton, and"
Thomas Fletcher has not yet been
proven guilty of abduction. your
honor" contradicted Davenport The
whole question of his possible guilt
hinges on Rose Mason's being less
than eighteen years old. There is no
court record of her age. The date
must be established by contemporary
witnesses and by similar testimony.
1 hc Ollly hIO"H witness is q WOma n
who apparently recalls no detail of
her child's birth except that she says
she. three weeks later, made an entry
in a family Bible. The Bible, your
honor. is a sacred and unimpeachably
truthful book. But its sacred unim-
peachability does not include the rec
ords that are placed in it by fallible
mortals. Especially. by woman
whose memory has proven so eccen-
trtcally defective as this witness. l
crave permission to go on with my
questions"
Il objectw cried the district attor-
ney.
Objection overruled," decided the
judge, after a moments consideration.
GO on. Mr.. Davenport"
The district attorney took excep-
ton. The exception was noted. Dav-
enport resumed:
Mrs. Mason, you have testified to
making certain entry in your family
Bible. You were not under oath when
you wrote that entry. You are under
oath now. Do you solemnly swear,
in the presence of Almighty God, that
Rose Mason was born on September 8,
1882"
II don't know" whispered Mrs
Mason. greenish white and painting.
Think. madam" urged Davenport,
with fearful earnestness. think. be-
fore you answer. When you speak