Show TO SAVE THE mother refuses to testify against her son WOULD GO TO JAIL FIRST an affecting scene in judge bartchat Bar hS court young abbott was wa s charged with ass assaulting allting ilia his mother ills his children she claimed would starve were he sent to jail fallT the lie case dismissed seldom it if ever has a more dramatic or pathetic scene ben been enacted in a courtroom than was witnessed before judge bartell yesterday in into ho case of 0 herbele ai M abbott chang charged ed with till assault and battery upon ill person of his mother mrs C D bbott abbott wherein the complaining witness refused to testify against her son roll uron upon the ground that its his live children would if he be was convicted mrs airs abbott was ordered committed f for or contempt coni empt of court for her refusal to 10 answer questions propounded to her I 1 but ut subsequently she purged herself by expressing pressing tx a willingness to testify litter after which tho the case was wa dismissed conditional upon the payment of costs by the the defendi defendant ant CAUSED HIS in september 1893 A lira ira abbott i cadged the arrest of her son upon the charge of 0 aw assault suit and battery it beins being alleged that he had choked and 0 otherwise ther wise mistreated her ter upon a beat healing ing before justice gee cec abbott was lined fined 25 prid and coals after which he appealed to the third district court mincia UK the former trial however abbott hits forgiven glicr ter son for or this unnatural and brutal treatment of her and upon a former oce occasion agiou only appeared in fit court in response to an attachment tach ment I 1 after the case had been calm called yest yea berday and a jury im paneled and sworn mrs it abbott was asked to take tho the witness stand HOUGH AND TUMBLE AFFAIR state what your son did to you judge howat said when sire airs abbott abbe lt had taken laken ter seat eat 1 I have nothing to say the witness answered it Is an old affair that happened a year and a half bait ago agoa at rough and tumble affair alT alrand and I 1 have no distinct recollection of it IL state to the jury what he be did to you judge ilowit eon banded sternly I 1 Y 1 I hive chave been brought in here bore against my nill mil the witness urged the matter was dropped long ago and I 1 dont care cam to hear beer anything more about it 11 I 1 shall refuse to riv any 41 11 y evidence against him although I 1 have been told that I 1 would be sent to ill the penitentiary if 1 I 1 did so judge howal will you tell tho the jury what your son did to you in regard to which you made your compliant it a year and a halt ago did he strike you mrs abbott NO bir he did not but it if I 1 give teb here it will injure me and my family judge howat we W cant help that the defendant caught you by the throat threat he mrs abbott I 1 am unable t to 0 give a L correct account of what bapP happened ened As I 1 said ald before it was a rough and in tumble m affair you do not want to do so do you judge howat then asked no I 1 do wt mrs abbott icalla declared you do not want to testify against your son no I 1 do not and you as it a man surely surely cannot ask roe me to judge howat then appealed to the th court to compel the witness to ito answer awer r and judge bartch said she may state stale what occurred at that time sirs mrs abbott aguin refused to answer and stated to the court that lio could do as ho he pleased with her answer the question commanded the court FOR TILE THE CHILDRENS SAKE sirs mrs abbott I 1 give myself up for a family of children who will be left without their bread and butter it if I 1 answer and I 1 never will go against then them by convicting their father mrs abbott was again admonished by the court to answer the questions but she persisted in her refusal and was finally ordered committed at this point hir her son sprang to Us feet and said it if the court pleass please young abbott was waa commanded by W J harvey his adorney ator ncy to take his seat arid and did so with the declaration that he ha want his mother committed the court then asked the witness it if she knew what she sha was doing but her ter answer vi was vias as no I 1 dont alter after which is she he added 1 I am not obliged to give e evidence that will incriminate me you can do as you please with me I 1 can go to the penitentiary better than I 1 can see a family of children starve THE SON WEAKENED judge dartch ordered an officer to take mrs abbott in charge at which time lier son jumped to like his feet the tears streaming down I 1 his t is face and said answer the ti orts mother I 1 mrs abbott again refused to ito answer however and was escorted tr from on i tho the room by an officer the case ca se having havin been ordered d e continued aed until 2 in the afternoon A moment later she reappeared and stated that she was ready to answer but her son sona s attorney objected to the che order of 0 continuance being se set t aside and tho the case went over until unit I 1 2 a lock CASE DISMISSED at that hour mrs abbott was again called to tile the witness stand and asked it if she was waa ready to answer her reply was in tile the affirmative and judge howat then stated to the court that before taking tailing up the case in the forenoon he be had agreed to it upon the h payment by the defendant of the costs incurred which offer oder had at first been refused and subsequently accepted under the circumstances judge howat continued 1 I think it advisable to dismiss the case and will avill make a motion to that effect the costs must be paid however by tomorrow to morrow morning attorney harvey ilarae tille the defendant desires me to state that he consents to the dismissal but still maintains that he tsi la innocent of the charge judge burtch replied that it if the defendant was guilty he be deber deserved ved to be severely Beve itly punished but under ill the P clr cum stances he be dearn deemed d il it t advisable to enter the order of dib dismiss miss ill it the cots costs were paid the caso case ca se wits was then continued until 10 title tills morning at which time lime the case will be formally tor mally dismissed it the costs jn in the sum of about alg 16 are paid in the me meantime |