South Bend news-times., 1922-10-21
JUDGE ASSERTS
STATE FAILED TO
PROVE CHARGES
Bases Decision on Non-AEurder
Rather Than NOn-Exist-
ence of Infants.
MRS. NI'NALLY OVERCOME
COllapses as Verdict Is Rem.
dered, While Women Spec
tatOrs Applaud.

HAMMOND. Ind. oct co. -- CRy
A. P.)-Mrs. Hazel McNaIlv. alleged
mother OF Hammond's "dou-bebv"
twins was freed this afternoon af
the charge OF numbering the my--
terious infants. when Judge Henry
&. Cleveland ruled the state had
failed 20 prove the infants are uo.
stu alive.
The 26-year-old wife. who had
grinned and giggled through four
days OF the preliminary hearing
while witnesses attempted 20 faster
on her the charge OF double muir
der. collapsed and fell fainting o.
7 the floor with the cheers OF 100 wo-
man courtroom fans applaudlrg her
acquittai ringing in her ears.
BY a strange paradox az the law.
the defense, which maintained the
twins born 10 Mrs. McNaIv laH
December were only inantmate crea-
lions or China and straw dressed in
baby clothes, won lis victory bo-
cause the state was unable 20 prove
that the mystery babies were no.
at the present moment Twins.
breathing human beings with aetua.
flesh and blood
Mystery Unanswered.
The missing corpus delecu." law
yers' phraseoloEy for the "bodv or
the crime. proved stum5linr
block 90 the state. and because OF it
the mystery OF the NCNaIIy twins.
whether they ever existed. whe.he-
they We're only drssea-up dolls. or
whether as the state cOu.endcd. fhrr
We're first real babies and thrr
dolls, remains unanswered. Su--
tanning The motion Of Samue.
Schwartz OF South Bend. attorney
for Ars. McNally. for dismissal 0-
/ the charge. Judge Cleveland ruled
that an legal decisions maintained
that some proof that a dead b05r
actually existed. that it came 90
death by violence and that tho Drr-
son charged with the crime was la
some way connected with its COM
mission was necessary before
charge OF murder could b1 supper
ed
Hundreds OF women and f.e
men fought and cLawed and scratch
cd their way up the dark stairs e..
Hammoud's city council chambc
an hour before the door was thrown
open on the final chapter IN tho
doll baby case. q barrier of s.or.
oak desks four fee- high had beer
erected across tho room 90 block ~
rush of front-row fans when tho
door was finally opened Behind
It women jamued l1 solid mas
SO dense as 20 make movement h
possible. and stood for two hou-.
and a half while three lawyer arr
gued the merits Of the corpus deIec-
q.
Falls 20 Floor.
Their long wait was rewardel
however by a thrilling movie cir
max, when Judge Cleveland solemn
" pronounced his decision. To the
roar OF a fIashllsht barraes and IL.
cheers OF the audience the defend
ant. who looks more nearly - chan
&c years she confessed 90. rose .0
her feet, smiled and then fell 90 the
floor.
Lawyers and newsDapermen lfteI
her 20 the table and famed her
with law books while photograph
ers or the one side and spectator.
on the other fought for vantaE.
points ON tho outskirts of The
crowd. standing first on one Zoo.
and then on the other hovereI
Frank McNally, the 48-vear-oIG hus-
band who testified ree-erday h.
wife had fooled him for weeks and
had him carry a doll around under
the belief that = was one ot his chill
dren.
leaves Tor Home
A half hour later. The mys-ery
mother of tee mystery twins. dizh
eveiel. bu- smiling. was helped ints
ara automobile. took her rnal bow
before the cheering court fans. and
left for her home tn South BEND.
surrounded by her mother. friends
and ATTY. Schwartz.
The trial fans. who have hung
FOR four DAYS on every BIT OF sais
c-ous testimony were left behind
wrestling Tlth a mystery fus. a.
dark as it was before the trial be-
Ean. Again on the outskirts. the
elderly McEalv hung. watching his
wif='s tr-umphal exit and sttG doz-
gedl- maintaining Thar sho gave
birth 90 son and daughter Lss-
December.
The spectators who eIbOwed him
aside 20 watch Mrs. 1fcNaIy ride
away We're inclined 90 believe he
was the victim of clever hoax from
start 90 finish. but what lts purpose
was. why l. began and why = ended