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Show ITEIRNAN DENIES I CHILD HIS OWN Court Bars Testimony of Marital Relations in Professor's Home I SOUTH BEND. In1.. Sept. 21 John Tlernnn. Notre Dam.- law professor, testifying Wednesday In the cose ol bis wife, Mr--'. Augusta Tlernan. who rnnrges Harry Poulin with the I ! ,tv of hi it third horn child, denied , lhat he was !!) father of the child, Ifcnd told of efforts to bring about a ti. Ulcment of the nffair between his v I f e and the defendant without legal) Action. The prosecution made an ef-, fort to introduce testimony of Professor Profes-sor Tlernan regarding the marital relations re-lations between the latter and his wife. 5ut, after B wrangle lasting through "iiioet of the day's hearing, Judge C. W,, Duncomb ruled the testimony of the husband in a a-' "l t i - 1" nllur char-:ter char-:ter of the present one was not ad-.lnlslbl. ad-.lnlslbl. Throughout the day's hearing Pou-"iin Pou-"iin malnt.iln.'d an attitude . bond placidity, only once showing :lgns of, "interest. This was at the point where I A'ternan denied paternity of the. 2-hlld. Poulln hall rose In his chair, Jind gazed Steadily at Profesfor Tler-Kan Tler-Kan when prosecutor jeiiison asked ih.- witness it h- did not havr two; daughters. IPAIfTllvo tvJJ .iiiuuu The professor replhd that It did riving the names of Irene, 4 years old, 2nd Mary J "Have you any other children? jthe prosecutor asked. I "No sir," Tlernan emphatically replied re-plied Professor Tiernan tuld of a B rlea it dancing parties at surrounding Sown. He said the invitations always Jtame from Poulin to Mrs. Tlernan and ihat he wus invited by his wife to go lilong. 2 Asked by the prosecutor if Mrs Tlernan was frequently away from D-iomc, the witness replied: Between February and April she JJvas away from home m Wcdhesday ti nd Friday nights and occasionally on Saturdays." oft.-n she said she was go-Jjng go-Jjng to church. I encouraged her In that, attending Lenten services." signs ot STRAIN Professor Tlernan showed his first Jagns of cracking under the main of be trial when Prosecutor Jellison in-. in-. quired into the birth of the third 'child, ills answers were low and In a trembling voice and often tears came into his eyes. He told of the baptism of the child two weeks after its birth and later the repudlatl n am He paid he met Poulin on the street the day after the baby was born. - " tVe have a baby,' I told him " 'What is It,' he asked, 'a boy or a girl ?' I" 'A boy.' I answered and with that he turned and walked away." BNT TO Pol DIM HOME The prosecutor attempted to bring about the 3tory of Mrs. Til man's confession con-fession to her husband) but on ob -lion of defense withdrew the question and asked Tlernan what he did when he learned Poulin was the fath'-r of the child. The professor answered lhat hi W nt t- the Poulin hum.- and told the defendant de-fendant that his (Tternan's) wife had confessed. The witness asserted that Poulln then admitted his guilt and offered of-fered to make a settlement for the expenses ex-penses of tho accouchmcnt "He asked mo if I would keep It CVilet and how much it would cost him," the witness testified, "I told him it would probably be several hundred dollar. He said 'All right, keep It quiet." He asked me to give him 24 .hours to think the matter ovi r Professor Tlernan testified ho did not hear from Poulin again DEFENSE JUBILANT The defense claimed a big victory as the result of the ruling of Judg Duncomb, that Tiernan could not testify tes-tify regarding his marital relations with his wife on the ground that the common law of England prohibited .the giving of such testimony b hus-band hus-band as a matter of fairness and decency. de-cency. Proserutor Jellison maintained that the common law ruling was superseded su-perseded by Indiana statutes governing govern-ing the point at issue, and read excerpts ex-cerpts from a statute tending to show that the laws provided that testimony of the nature proposed was not forbidden- by the statutes. His contentions conten-tions were not sustained, howeer. by the judge. |