Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1920-10-14
Mixed Baby Case
Will Go to a Jury;
Hospital Is Scored
Judge Gives Pittmans Tenn
porary Custody of Tiny
Louise Madeline Pending
Final Verdict

Excoriating the System" of hand
Hing newborn babies at the Grady
hospital and declaring that unless it
is remedied it were better to put a
torch to the institution Judge
George L. Bell, of the Fulton supe-
rior court, on Tuesday made empor-
airy disposition of Atlapta's famous
mixed baby" case by awarding he
temporary custody of Louise Made
'',e, the little girl over whom the
controversy has arisen, to Mr.. and
Mrs. Dani"' L. Pittman, and setting
the case to be tried before a jury at
the next term of 49, Ilton superior
court.
The abrupt ending of the hearing
before Judge Bell came when he adj
mitted an amendment to the writ Of
habeas corpus by counsel for NJ and
Mrs. John c. Garner, who claim that
Louise Madeline is their child and
not the Pittmans'. The amendment
prayed that the court allow Sc
/ to Pc tried before jury to settle the
legal parentage of Louise Madeline,
who, the Gamers contend, was born
to Mrs. Ga at the Grady hospital
and given to Mrs. Pittman, who gave
birth to a child on the same day at
the same hospital. '.-.'
Judge Bells decision. admitting
the amendment, awarding the tenn
porary custody of Louise Madeline to
the Pittmans and sending the .se to
jury, followed exhaustive Argument
by counsel on both sides. Attorney
James W. Austin, for the Pittmans,
contended that the court was with
out jurisdiction TO turn the case over
to jury and cited several decisions
In support of his argument. Attor-
ney William Arnaud. representing
the Carriers. insisted that the court
could properly permit a jury to nass
upon the question of fact involved
In the controversy over the parent
age of Louise Madeline.
Arraigns Hospital System
No more scathing arraignment has
ever been heard from the bench in
the Fulton superior court than was
. delivered by Judge Bell against the
system or lack of system in vogue
at the Grady hospital for the ham
ding of newborn infants. He took
pains to say. however, that he
had no criticism of the institution
as such; that~it served noble pur-
pose and deserved the support of the
public, but that his remarks were
directed against the system" Judge
Bell likewise declared that he had
no criticism to make of Superintend-
ent Steve Johnson, ga good nan. a
conscientious man and my personal
friend"
"Grady hospital is a great ;nsti-
tuition" said Judge Bell, land | am
proud of it. 1t deserves the support
Of the public, for it is doing a noble
work.
But if I were woman and were
expecting a baby I would go out
into the woods to be delivered
would not take a chance on going
to theGrady hospital and let their
system destroy the identity OF my
baby. -
'They call it a SYSTEM but from
the evidence introduced at this hear
ing, I have never seen or heard of
such a rotten, vicious system. Wom-
en- lying helpless in their beds can't
tell their children apart because the
system fails to properly Identify
them. Why, it has been testified
here that babies have gone without
tags for week.
InlS Is IOI
It were better to put a torch to the
Grady hospital and avoid the nvssi-
bility of a recurrence of such hor-
rible situation as is presented in this
case. No matter what the result of
this case may be, terrible cloud
will be thrown over the lives of two
4 families and the innocent little baby
which is the cause of the contro-
versy. It is a horrible thing and
iS blame for it all,
It must be stopped.
Thanks All Parents
"There must be some way TO stop
such heart-rending occurrences as
this.
Pittman and Mr.. and Mrs. Garner for
their attitude during the hearing of
this case" continued the judge.
Their attitude and conduct has been
Remarkable. They have taken the
have tried in an orderly way to
determine the facts in the case and
arrive at a definite, legal solution of
their problem. 1 also want to thank
n s bth sides rh eF f have
deavored to assist the court in ham
ding an entirely new situation and
one that is of the most vital char
acter.
LET me make it plain that l have
II no crlIlClSHl 10 " tHS VIZ h-'o MI
hospital as an institution. 1t is the
system that / am attacking. The
system must be changed. Neither
have l anything to say against SUI
perintendent Steve Johnson, good
man, a J, conscientious man and my
Judge Bell then passed his formal
custody of Louise Madeline to the
Pittmans, who have had her all the
trial for November l in his own
division of the Fulton superior
court
Il want to preside in this case my
self" said the judge, IT don't want
to shift the responsibility to some
sody else"
Attorr ~ Austin, immediately aft
er the lassing of the formal order,
made formal objection for the ,pur.
pose of getting the matter in shape
such a course is decided upon. He
Indicated that he might take the
case to the court Of appeals on a fast
bill of exceptions and in this event
the trial Of the case in the Fulton
superior court would be delayed I'M
cision.
A conference will be held by Judge
Bell and Attorneys Austin and Ar
maud to determine whether the trial
shall be held on November /, as
planned, or whether the court of APP
peals shall be given an opportunity
to say whether the case should be
= tried before jury.
J Attorney Austin, in his objection,
look exception to the judgment of
The court that the case was properly
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