Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1920-10-14
FINAL DISPOSITION
OF MIXED BABY CASE
TO REST WITH JURY
CONTINUED from Page ~

one for the consideration of jury.
He differed with Judge Bells view
that the question of Louise Made
lines parentage was one of fact and
should thus be determined by jury
of twelve men,. The attorney also
objected formally to Judge Bells
excoriation of the system" at the
Grady hospital.
while 1 entertain the highest re-
spect and regard for this court"
said Attorney Austin, my duty to
my clients demands that object to
the attack made by the court on the
system at the Grady hospital. I con-
tend that it will tend to prejudice
the minds of the jurors, who must
be impaneled from the general pub
lie reading the account of this near
ing in the newspapers and hearing
Of it by word of mouth. My clients
are entitled to an impartial trial
and I insist that the courts exco-
ration will tend to prevent it. Coun-
sci for the plaintiffs has said that
the Grady hospital is on tri in this
case. l also object to the early set
ting Of the jury trial because of the
effect of the courts statement from
the bench"
Judge Bell, at the conclusion Of
Attorney Austin's remarks, stated
that he had not attacked the hos
pital -as an institution, but that his
attack WAS directed against the "sys-
tenn" of handling newborn infants
Permission for Mrs. Garner to
visit the Pittman home to see LOU
Use Madeline at reasonable Intervals
was asked of the court by Attorney
Arnaud, but Judge Bell declined 10
pass such an order, sayings thai the
matter could be arranged between the
two families.
Monday Session
The defense had it's innings at
Mondays session of court. introduce
ing witnesses to rebut testimony Of
the plaintiffs witnesses in regard to
blood tests and facial resemblances
between Louise Madeline and the
Garner family.
They included Dr.. o. B, Bush, DR..
John Funke and DR.. E. c. Thrash,
Atlanta specialists in pathology, who
declared that blood tests were Of no
practical value in determining paren-
tage of children. Previously DIN AL
len H. Bunce, another specialist, call
ed by the Gamers, had testified that
such tests might help in determining
the parentage of child.
Mrs. Pittman was the principal
witness for the defense Monday, tell
( ing her story of her baby's birth, de-
cl&ring the baby had a birthmark
! on it's neck when it. was born; that
she has similar birthmark on her
back; and that Louise Madeline has
! the birthmark on her neck. although
all but invisible.
In closing. the plaintiffs introduced
several women who testified to other
alleged baby "mix-ups" at the Grady
| hospital Mrs. j. H. Dudley, Of $40
Filey street, testified that while she
was a patient in the FLU ward"
| last March. her newborn baby was
given by mistake to another woman
but was later given to her An affi-
! davit was read from Mrs Stella Hoff-
man, of Bonnie Brae avenue, that
she saw a girl and a boy baby tenn
| porarily mixed while she was in
| the "flu ward" last March. Mrs. L..
| w. Whitley, a patient in a private
ward at Grady next to the maternity
ward. when Mrs Garner and Mrs
Pittman were there. told about the
admitted swap of their babies and
declared her own baby wasn't tagged
| for nearly a week.