Evening star., 1941-06-20
Accused Mother Takes
Stand Monday in
Child Beating Case
Mrs. Stewards TriuI
In Recess; Leather Strap
introduced us Evidence

Mrs. Evelyn N Stewart, charged
with beating and burning her
7-year-old son Jimmy" will take
the stand IN District Court Mon
day to tell her version of a
whipping she gave the child at their
apartment, 2133 First street NV,
last April II.
The trial, before jury Of three
women and nine men, with Justice
T. Alan Goldsborough presiding, re-
cessed late yesterday over the week
end. The jurist today was sched-
uled to be occupied with handing
down sentences.
The prosecution brought seven
witnesses to the stand yesterday,
displayed photographs taken Of
Jimmy in Sibley Hospital. where he
spent nearly a month, and showed
leather strap with which the
mother is charged with lashing the
child. But the jury got only meet
ing glimpse of little Jimmy himself.
who refused to present himself TO
full view of the court.
Prosecution Rests.
Bernard Margolius, Assistant
United States Attorney, virtually
rested his case at the end OF the
day. Only one State witness Will
take the stand Monday. He Will
be DR.. Maurice R. Edmonston, the
Stewart family physician.
Paul J. Sedgwick, defense coun-
sci, announced he would have a sur
prise Monday, but declined TO ol-
vulge its nature. He will have sew
eral witnesses. Mrs. Stewart, youth
full. slender, and brown eyed, with
auburn hair, will take the stand IN
her own defense.
The court battle over custody OF
Jimmy, which is pending In District
Court before Justice James w. Nor
ris. Is scheduled to come up Nom
day afternoon. but may be post
poned until after conclusion OF the
trial of the mother. In the case
before Justice Morris, Kenneth A.
Ford, former husband OF Mrs.
Stewart. is asking for custody Of his
son, The child is now in custody OF
the court.
Balks on Entering.
The brown-eyed. curly headed
child almost showed himself to the
court yesterday, to re identified by
DR.. Harold Heiges, inferno at Siblev
Hospital who said he had treated
the boy for bad burns and stripes
from a whipping. But the COM
bined pleadings of lawyers, court
attendants, and finally his own
mother failed. Mother and child
embraced and kissed for a brief
moment in the ante-room. But
Jimmy wouldn't go into the court.
Once, when promised by prosecution
counsel he would not be asked ques-
tions he advanced almost to the
open door leading to the court. and
was within view Of the jury briefly,
but suddenly backed away. He
thought there we're too many peo-
pie in there"
Justice Goldsborough insisted no
further pressure should be put on
the child to bring him into the
court.
A statement signed by Mrs. Stew
art at No. Is Police Precinct and
introduced in evidence late yester-
day by Policeman Earl D. Alber,
who investigated the case, was read
to the jury. In this statement the
defendant was quoted as saying she
had left Jimmy to play with
younger baby and asked him to keep
out of the dirt. She found he had
left the baby, was playing in the
dirt himself. She whipped him,
put him in bath, went to care for
the little baby, returned, hit Jimmy
because he wouldn't sit down in the
tub, then took him out. Oficer
Alber identified the leather strap,
part of a belt with which the moth.
er had admitted whipping the child,
he testified.