The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1916-09-02

SSAS Va tAS auuleuCcS kutW HOW ueSs
perately hopeless was his young
clients plight.
But, being Of the bulldog breed,
Davenport would not yield.
One odd feature In the prosecutions
case had impressed him. and while
he set no especial value on It, yet 1t
was against this that he begun his
assault.
He recalled Mrs. Mason to the
stand, and made her repeat her for.
mer testimony Of having entered the
date Of Roses birth In the family
Bible.
Mrs. Mason" went on Davenport,
you have testified that you wrote
this entry In the Bible. and that you
did SC within three weeks after Rose
Mason was born. How did 1t hap.
pen that her father did not write it,"
HE was not at home" said Mrs.
Mason. HE was in Europe. He had
gone to Moscow on legal business for
the government. He was absent from
this country for ten months. He did
not return until Rose was nearly four
months old"
II see. We will go into that later,
Mrs. Mason, do you know the law re.
quires that record be made Of every
birth, marriage or death?"
II did not know"
do you know that there Is abso.
lutely no record In the board Of health
archives of Rose Mason's birth?"
mo"
There Is not. examined the ar.
chlves while I was preparing this
case. There Is no record there Of her
birth. Yet you have said she was
born in this city on September 8.
1s9S."
"Your honor" spoke up the district
attorney, shat Is readily explained.
Mrs. Mason has said she knew of no
such law. Senator Mason was absent
from home"
1T your honor pleases," said Daven.
port. shat is no excuse. The law
does not require the parents to make
such entry. It Is the province Of the
attending physician. Mrs. Mason"
he resumed. turning again to the wit.
ness. "what physician was in attend.
ance when your daughter, Rose. was
born?"
Ill don't remember" faltered Mrs.
Mason.
you don't remember the physician
who attended you when your only
child was born?" exclaimed Daven.
port astonished.
"N0."
"Then what nurse did you have?"
SARAH Walters" said Mrs. Mason.
"She was with me from the year Of
my marriage until five years ago."
II know the Walters woman" m.
swered Davenport, "she Is now acting
as housekeeper in my sisters family.
With the courts permission I shall
send for her to"
"Now interviewed Mrs. Mason fur.
riedly. "Now that come to think Of
It, Sarah was not with me when Rose
WIS born. remember now. She was
threatened with consumption-tuber.
culosls-and I sent her to Saranac for
nearly a year. She returned to us
just before Senator Mason got back
from Europe"
"Then who did oct as your nurse
at that timer
81 don't recall"
"Mrs. Masonl" exclaimed Daven-
port. do you mean to tell the court
that any mother can forget such i'm
portant circumstances attending the
birth Of her only child7 You cannot
remember the name Of the doctor or
the nurse? Who is your family physi-
Giant"
Doctor Colfax."
"How long has he attended your
famlly7"
IL don't know. Since my mar.
rlage, 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 mention Of 1t In the way pre-
scribed by law. I will ask leave to
call Doctor Colfax. He is"
"No" again broke in Mrs. Mason,
with vislbly increasing nervousness.
II remember now that he was not In
attendance"
"Your honorl" cried the district at.
torney, noting Mrs. Mason's aspect Of
panic terror, II have listened patient
ly to this line of irrelevant, incompe-
tent and immaterial questioning, be-
cause I know my learned opponent
has hopeless case. But the time Of
the court is being tempered with. I
request to know what the name Of
any physician has to do with the fact
that Thomas Fletcher is guilty Of alb.
duction, and"
Thomas Fletcher has not yet been
proven guilty Of abduction, your
honor" contradicted Davenport. 1.-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.
The only known witness Is q woman
who apparently recalls no detail Of