The Birmingham age-herald., 1921-10-21

ther, and the court agreed to instruct the state not to go into this until after the noon recess when the de- fense said 1t would show authority for it's objection.
 Mrs. Fred Bender was then intro duced by the state She testified that she had known Ruth Gussman since last April, and that the girl had been to her house twice, once on May G. and again on May 16. She had not in- vited her to come, did not know that she was coming, and had never had the girl at her home before. She asked the girl the first time if she was going to spend the night and she replied yes" She came back the next night also. The following week she came again about 10 o'clock in the morning.
 Mrs. Bender said she came to town at 12>o'clock and left the girl therg slamming the door as she went out The door was one of the kind that locks when closed, but which can bd opened from the inside by merely turning the knob. She denied that she had locked her in and did not leave anyone with her. She had never mentioned Catholicism to the girl.
 Bender Testifics
 Fred Bender testified that he had known the girl since last May His testimony corresponded to that of his wife in reference to the girls coming to his home He had advised her to telephone her father where she was!
 MT. Bender said he was member of the Catholic church. He said he was Ruth Gussman's god father. He was going in the church one Sunday and Ruth spoke to him and told him x,A tA (fafha1fa He did not know before that she had such intentions, He denied that the girl was locked in a closed room at his home.
 Mrs. Stephenson and Ruth came to hls store often. the witness said He had been knowing her about six months when she expressed her in tention about joining the Catholic church IT. i'd not know what church St n belonged to. Ruth t4fG hir e a not Catholic He denie hkt eslaAr Q or his wife had ave 10 Lovssnan. Joseph &; i.3 sirl Forhed, to talk fsa h.
 Una aue ions from JHaee dtfenaa attorney,
 a egite aipgd at Was | sa4aaY Ay father, tta aid a | EOO 't.N t4t4.s.5-h9 al a confiEustfon 0f q catd, Waa leter acts as e tuai ad0ser He d himself been god catu.r to ve | girls and had never had 8ec2sl e Q 1 offer them advice.
 ] Judge Black asked if ts edo
 would be the spiritual q child If her parents beloh ! other church, and would h. her god father if she later jo other church He said he tho would. The god father was st to rear the child If the father O l before it was grown. and have efarA of its spiritual life
 Cross-Exn imitation Under cross examination by the de- fense, MT Bender said he had met Pedro Gussman after his marriage to Ruth Stephenson. He denied being at the rectory until after the shoot ing, on the day of> the marriage. He I'did not know how long before that 1t had been that he had been there the last time.
 Mr. Bender vigorously denied he had ever invited Ruth tSephensch to his home, but rather told her not to come. He had never said she could make her home with him. He thought she was nice girl. and that her parents had raised a mighty fine girl
 Mir Bender said he did not try to get acquainted with the Stephensons. Mrs. Stephenson and Ruth often used the telephone fin his store. He denied he had given Ruth money to go to Loretta. Tenn, and did not know who had contributed to her expenses
 Effort was made ny the defense to