The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1922-09-30
P0ULIN NOT DADDY
Merchant Cleared of Charge
Made by Mrs. Tiernan.
Plaintiff tainted When De-
cisiOn Was Announced.
BABY ONLY INNOCENT PARTY
Misconduct a Fact But Court
Doubts Parentage. s.te !
Regrets Necessity of Passing on
Degrading Case"
BABY ONLY INNOCENT PARTY

South Bend, Ind, Sept. 30.-The rec
cnciliation of Prof. John P. Tiernan
and his wife Augusta Tiernan. is off.
The beginning of a permanent sep
aration will take place late today
when Mrs. Tiernan, It was stated, will
leave the Tiernan home with her
three children to live with her mother
in Bronson, Mich.
Mrs. Tiernan is stunned over the
decision, as is her husband.
81 believe" he said. that had we
disclosed the affairs of our household
as they really have been during the
last year. different verdict would
have been reached. We have been in
a living hell. But this fact we with
held from the court and public"
South Bend, Ind, Sept. 30.-Harry
Poulin. local haberdasher. charged by
Mrs. Augusta Tiernan with being the
father of her third child. was found
not guilty in city court here today.
Judge c. L. Ducomb made it plain
in his comment that he found the de-
fendant mot guilty In the strict
sense of the word. He said that he
believed there had been intimate re-
lations between Mrs. Tiernan and
Poulin. The fact, however. that Pro-
fessor Tiernan had lived with his wife
thruout the entire affair created the
reasonable doubt that made 1t legally
compulsory to find for the defendant.
VIII Appeal Case.
Prosecutor Floyd Jellison and Pro-
fesSor Tiernan announced after Judge
Ducombe had rendered his opinion
that the case would be appealed and
carried to the supreme court of the
United States if necessary.
The decision was a great surprise
to me-" declared Prof. Tiernan. "It
swept me completely off my feet"
Mrs. Tfernan, with her head bent
forward to catch every word of Judge
Ducomb, was slow at first to catch
the import of his decision.
Then suddenly she gave a low cry
and fell forward in a faint. She was
carried from the court room and re-
moved to her home.
Like a Thunderbolt
The decision came like a thunder
bolt to the Tiernans and their friends.
for it was clear cut. 1t comprised six
typewriter pages of legal paper.
This is an unusual case" Judge Du-
comb stated in his decision, due to
the fact that the relatrix and the
mother of the child is a married wo-
man and was living with her husband
when the child was begotten and al
legged in her complaint that Harry
Poulin, who is not her husband, is the
father thereof.
This case has been given a great
deal of notoriety and the testimony
has been of the most sensational char
acter and has shocked the morals or
the court as well as the entire coun.
try and l regret this incident in my
life that it became my painful duty
and that L was compelled to give the
time in the trial of a case of such
a degrading nature.
Two Views of Case.
There are two views by which 20
consider this case. One is of i'm
morality and the other, is Harry
Poulin the father of the unfortunate
child?'
THE public is looking upon this
case purely from an immoral stand
point and is endeavoring to place the
blame either upon the mother or the
defendant for the notoriety and shame
that has befallen the families of these
parties and our community.
This court has but one duty 10
perform and that is to determine from
the evidence and the law applied in
the case, whether Harry Poulin is the
father of the child, irrespective of the
immortality or who is to blame for
the conduct of the parties.
Child Innocent Party.
II mlBnt De wen 10 say at TINS
time that the court is of the opinion
that the only real innocent party to
the case is the mysterious baby. who
has been foremost in the mind of the
court during the entire trial, but in
the clamor and the cries Of the pub
lie, the child has been almost for
gotten.'
The decision. after pointing out that
the intimate relationship between Mrs.
Tiernan and Harry Poulin began
about February is, 1921. and con-
fcontirned ON PaRe Tvo.I
lMCpInHN nlpI EAnINn