The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1925-12-04

Court Outlines Seven Points
ID sc Decided ID Suit
for AnnuIment
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WHITE FIAINS, N. !, Dec. 4.
The question is 70 whether Philip
kip RhineIander and Alice Jones
Rhinelander quadroon will re-
main man and wife, passed into
tie hands 81 jury today II the
RhineIander marriage annulnient
trial.
The sensational action covering
four weeks 81 legal strife was
placed ii the ury's hands IT
1I.2s o'clock fter Justice Nor
schauser had delivered charge p
more than an hours duration con
corning points 81 law ia cOunec
ton with young RhineIanders 81
Ieeakion that lis BRIDE concealed
ia neoro origin from him
ME bIayers liz ineIodranaatic
trial which 81 occupied the center
81 the legal stage fof four weeks
showed the strain today As the
climax approached
a. court convened Alice sat
nervOusly whispering to her mother
Mrs. George Jones, occasionally
mointenin9 her lips with her tongue.
Leonard made q brave effort To
preserve calm exterior but his
lips tvitched and he appeared pale
and haggard.
George Jones, Alice's fathers
seemed nervous. His fingers moved
necessarily and he kept blinking
/ his eyes rapidly as he looked az
/ the ceiling.
Justice Morschauser reviewed the
evidence OF the case. When the
court referred to the testimony Of
George Jones, negro father Of Alice
being an 'Englishman with jaun-
! dice, Alice smiled.
Justice Morschauser took up the
failure OF the defendant and her
father. George Jones, to be called
] to the witness stand.
Judge Mills, for the plaintiff.
1 commented upon and criticised the
/ failure to call the defendant and
i her father as witnesses and asked
you to draw unravorabie infer
encea therefrom, he said.
i while no presumption arises IN
this respect, you are at liberty and
/ can give It such consideration and
j draw such differences as You think
1 are warranted by the proof from
the failure to call witnesses who
1 might shed light upon the case.
In connection with the testimony
of Mrs. Joseph Rich. of Mount Yer
non, former friend OF Alice, who
4 testified against her, Justice Mors-
/ chauser said:
/ 'sWas she hostile? That's for You
to judge. She was excited and
| talked rapidly. / think there 10
some place where she said she was
angry at the jibes cast at her since
Alice admitted negro blood. IL il
for you to decide the value Of her
/ testimony"
Justice Morschauser charged the
jury on the pin-point questions of
law which must determine their
verdict.
! Morschauser outlined the seven
questions of fact which the jury
will pass upon.
They were:
''At the time of the marriage OF
the parties was the defendant col
ored and Of colored blood2"
(Justice Morschauser instructed
the jury to answer yes" to this
. question, as the TACT ndQ DSSu al
nnitted by the defendant at the out
set Of the trial.
2. Did the defendant before the
marriage by silence conceal from
the plaintiff the fact that she was
of colored blood?
8. Did the defendant before the
marriage represent to the plaintiff
that she was not Of colored blood?
4. Did the defendant practice said
concealment or make said repre-
Il sentation with the intent thereby
to induce the plaintiff to marry
her?
s. Was the plaintiff by said con-
cealment or by said representations
or by both induced to marry the
defendant?
i 6. II the plaintiff had known that
defendant was OF colored blood
would he have married her?
Z. Did the plaintiff cohabit with
the defendant after he obtained fun
knowledge that the defendant was
of colored blood?
Counsel for both sides have COM
pleted their summations.
Supreme Court Justice Nor
schauser's charge to the jury viii
bring to an end four weeks Of htiga-
ton. -.