South Bend news-times. (South Bend, Ind.) 1913-1938, 1922-09-27

uOWn ner resolution. she went with
him 70 the campus. entered the store,
and there for the first time. they
were alone together. That was the
night on which, she has confessed,
she succumbed TO her guilty love. Up
20 that night, she was true and kept
TO her marriage vows"
"Poulin had laid his trap well. and
he caught his prey"
From this point on Pros. Jellison
considered the testimony OF DR.. F. r.
Clapp and DR.. J. B. Berteling, who
had taken the witness stand 10 tes-
tify as experts on the normal period
OF CESSATION. Miss Finklebinder, the
nurse. had also testified. that the
child was in every way normal when
it was born.
Mrs. Tiernan was afraid on the
third of March that she was going
to become a mother" he continued.
AS the days passed by. she became
more sure of II. She told her fear
to Poulin and at first he refused to
take It seriously. Wait little, per-
haps you may be wrong he told her,
and he ioked with her, told her that
If il was a boy. he would buy IL
cigars. He was sure. II would be a
boy. she testified. and he argued
with her to prove It. You are
stronger than your husband. he told
her, and you gave birth to two girls
before. I am stronger than my wife,
and our children are boys. And am
stronger than you. so you see our
child will be a boy
but later he became more wor~
ried, began TO take her fears serious
". He urged her TO see a doctor.
She refused.
Court Must Decide
This is the whole story that Aug
usta Herman tells. The defense has
put Harry PouIin on the stand and
he has denied it from beginning to
end The defense has brought wit
nesses TO prove that Mrs. Tiernan
could not have been with Poulin on
the nights that she has mentioned
1t Is for the court to judge who rs
telling the truth
Pros. Jellison concluded his open
ing argument in the half hour given
by the Judge, and coded his position
on the floor TO Samuel Schwartz, ope
Of the attorneys for the defense
Through all the opening argument,
Mrs. Herman sat very still. clutch
ing her husbands arm and weeping
softly
When Schwartz stood up to speak.
she raised her head and watched him
steadfastly.
Il don't know what purpose or in
tent Mr.. and Mrs. Herman had when
they brought this case into court"
he began. Il know that the purpose
Of the statute was to provide
fatherless child with a name and
support. 1t was designed for young
unmarried girls. who are so unfor-
tunate as to have fallen victim 10
some man and who are about to
bring into the world a child who
would have TO go through life, worse
than an orphan. branded by the
world with an ignominious name
This law has been perverted TO
serve the purpose OF a man and mis-
wife; not to provide a father for a
child-that little Billy Herman al
ready had. Not TO provide a name
he had that They have come into
this court to prove that II is illegiti
mate, to label II so that IL can be
scorned by the world for the rest OF
its life"
What Is Evidence?"
Even admitting the truth OF the
Tiernan's testimony. nevertheless,
what IS evidence? We start off OF
course. with the presumption that
the child is legitimate The fact TO
be decided Is this-what we're the
relations OF Prof. Herman and his
wife during the months OF February
and March.
Mrs. Tiernan-aud she is allow
ed by law 10 testify as 70 her rela-
tions-says that she was merely a
housekeeper in her husbands house.
We have no witnesses 10 prove it,
Of course. Prof. Herman himself 10
not allowed TO testify by law as 10
whether or not he was actually the
husband Of Mrs. Herman during
these months.
Now consider Mrs. Tiernan's own
testimony. She said that she was
first visited by the fear that she was
going 70 become a mother on the
2rd OF March. She was sure OF the
fact on the SIst OF the same month.
Mr.. Herman. she said. did not know
that she was going 10 have another
baby until the 10th OF April Yet
we have testimony 10 show. that he
called up Mrs. Poulin and told her
that Mrs. Herman had been taking
large doses Of quinine and that she
was going 20 have a baby.
To pass on TO another speech
which she made on the witness
stand. I love him, she told the
court Yet all her testimony was
that he pursued her. From the story
which she told. and from the story
which Harry Pouun told. is Il not
more likely that she was pursuing
him %
Jumps TO Feet.
Mrs. Schwartz had scarcely finish
ed his sentence when Mrs. Herman
jumped 20 her feet and started TO
speak. but was stopped by her hus-
band
In another instance, the testi-
mony bellies itself She gives in de-
tail how she kept these meetings
with Harry Poulin. how she met him
on LaSalle 81. how she took "A car