The Omaha guide., 1939-11-18
BORN WHITE
REARED
COECRED
Loses Claim
for $1OO,OOO

Atlantic City, Nov. 16 (Ty
Frank w. CAVITY, Jr., for AMP
Despite the testimony of two
aged colored women that they
witnessed the birth of Mrs. Viola
Harris Gardner, Al years ago in
this ci " who was born to n
Minnie w. Upharn (white) but
brought up as colored, Vice Or
binary w. Frank Sooy in prero-
gative court ruled gainst Mrs
Gardner, who sought to share in
her alleged mothers estate total
ing $4,000.
The s took 2 Ays to com
plete with many witnesses taking
the stand. The first to testify IN
tho behalf of Mrs. Gardner was
Mrs. Sarah Hazard, IA, who
said that she was called to al
tend the birth and that it took
place on the third floor of a
Presbyterian avenue rooming
hoose, Oct. 2, 1893. She said
when sha arrived the baby had
been born a half hour and Miss
Upham was In bed. Her testimony
however differed from that OF
Mrs. Elizabeth Holland, 83, also
colored, who said she was present
when a "Mom" Kelly, a mid wife
attended Miss Upham at the
birth. She said she washed md
dressed the baby, She gave the
birth place as the Upham home.
Shortly after The birth, wit
nesses say the child was moved
to the home of Mrs. Leah Harris,
who reared it and to the child
was its mother. The Harris wom-
an was said to have been an EN-
ploye at the Upham's hoce. Mrs.
Gardner, taking the sand in her
own behalf, claimed that she
was born white and brought up
colored. 1t was in the house of
Mrs. Harris she related, that she
came into this world. It was not
until 1890 that she learned
through a letter from Mrs. Haz-
zard that Miss Upham was her
real mother. Upon hsaring this
she sent many letters to Miss
Upham, addressing her as mother
Asked by the attorney for the
Upham whether she considered
herself white or colored, Mrs.
Gardner replied she did not know
because she never knew who her
father was.
Miss Upham died at the age Of
70 last May in Philadelphia,
leaving her estate including pro-
p~erties at 8 S. Maryland avenue
and 1410 Atlantic venue to her
cousins in Massachusetts, ard MO.
Before her death she made sew
eral codieils. One which read
"a young oma having recently
untruthfully and unjustly sug-
gested that she was born my
child some 80 years ago, / most
solomenly declare | was never
married and was heavy with
child and newer gave birth to
child.
"To this end that my estate
may not be harrassed with any
such claim and with the express
intention of disinheriting any
such child, I will that Viola Har-
ris Gardner, or any other per-
sons claiming to be my children,
have no part in the estate"
DIR. r. Hurst Maier, assistant
professor of gynecology at the
jefferson Medical college told the
court that in 1926 ne performed
an operation on Miss Upham and
found definite indications that
she could never have consum-
mated relations with a man.
DIR. Robert Kirdruff, director
of the Atlantic City hospital Ia
boratory said he performed an
autopsy on Miss Upham for the
purpose of a~scertaining whether
she had ever born a child, and
that it was plainly apparent that
she would not.
Mrs. Gardner resides in Balti.
more and brought up as colored,
twice married colored men, the
first Clarence E. Small, whom
she divorced for disertioA.