South Bend news-times. (South Bend, Ind.) 1913-1938, 1922-09-21

I II
said that the statutes set out who
was competent TO testify on the w.t.
ness stand and who was not COM
petent. Mr.. Jelllson asserted that
Mrs. Tiernans case was not govern
ed In the six exceptions as 10 COM
petent witnesses and there were 70
| legal opponents had no bearing On
nan from answering the question OF
relationship propounded to him by
the state.
Defense Wins Point.
In presenting their side Of the
case Attys. Parker. Schwartz and
Jones read several opinions handed
down in cases they claimed were
similar TO the one being heard in the
city court References were made to
opinions given in California, Wis
consin and Michigan.
The prosecuting attorney declar-
ed. however. that cases cited BY mis-
legal opponets had no bearing on
the case in question and could not
properly be named as governing tho
T.ernan-PouHn paternity case.
a smile Of triumph lighted up the
! countenancc OF Poulin as his lawy-
ers registered one OF the biggest tri-
umphs Of the hearing During the
close of the arguments, Pros Jelli-
son launced a bitter ATTACK upon the
tactics employed by Attorney Jones
in presenting his arguments. Prose
cutor JellisOn scored the hecklnS
by his legal opponents and declared
| other actions ami words by lawyers
Tor the defense.
Throughout the day Mr.. Jellison
proceeded in his task Of questioning
Prof. Herman under great difficulty
Atty. Parker kept up a steady bonn
/ bardment OF objections 10 questions
asked by the prosecuting attorney IN
an effort 20 tear down the case be
/ ing built up by the state. Very little
/ progress was MADE in the hearing
because Of the heated wranglirg b.
attorneys Upon several occasions
Judge DuComb voiced threats TO
call a halt 10 the hearing if the
| lawyers did not cease arguing and
proceed with the case.
Breaks on Relation.
When Mr.. sTiernan was asked %
AXE his plaA on the witness stand
in the afternoon and Judge DuComb
I had refused to allow the professor
/ to reveal the extent OF the relations
that existed between him and his
wife during February and March OF
1921. he was told to describe the in
/ cidents that led TO the breaking OF
! social engagements between Mr.. and
1 Mrs Herman and Mr.. and Mrs
Poulin.
Professor Herman gazed defsntly
! irto the face Of the man whom his
! wife had charged with causing her
/ 10 desert him and her babes for his
/ ccmpanionship, as he unfolded his
scrdid story. The college instructor
related how Poulin. sought his wife's
companionship al the various social
| functions.
Under questioning by Pros. Jel-
/ uson. Mr.. Herman renewed Incl
dents surrounding a swimming par
/ " at Barron Lake. The witness
said the affair he'd been arranged by
| Mr.. Poulin and that he had been in
/ v.ted by his wife 70 attend. He
said he gave his wife SO with which
10 buy a bathing suit, but that his
wife did not use the money. but &C
cepted suit and red bathing cap
from Poulin.
Describes Thcater Party.
Mr.. Herman -old the court that
on he return trip from the lake.
Mr.. Poulin and Mrs. Herman occu-
/ pied a rear seat OF an automobile
while he was forced 10 sit on an
auxiliary seat o. the machine.
A party held at the Blackstone
theater was also described by the
witness. He said Mr.. Poulin had
arranged the party.
We went &C the theater," Mr..
T.ernan said. The party consisted
OF only four. AIr. and Mrs. POulir
and Mrs. Herman and myself. We
occupied four seats IN the first bal
I conv. Mr.. Pculin and Mrs. Tier
nan sat together while Mrs. POulin
ard myself occupied seats on oppo-
size sides. Mr.. Poulin led the way
down the aisle IN the theater-
When he arrived near the four va
cant seats he pushed Mrs Poulin in
I 1rs:. then Mrs. Herman. He then
sat down beside Mrs. Herman and
I I sa. d own beside Mr.. POulln.'
The witness admitted that he was
( not very popular with his wife "a a
i dancing partner. He said that
! Poulin danced four times with Mrs.
/ T.ernan TO one time ne danced,
and ne he'd rot he pleasure or
dancing with her AZ dance Al
Elkhart. The judge refused 20