Cox - Julius - Mahala Hays - support
Source: Crawfordsville Star 22 May 1879 p 1
The suit of Mahala Josephine Hays vs. Julius Cox for the support of a child born out of wedlock, was up in Court on Tuesday. The case excited considerable interest on account of the disparity in the ages of the interested parties. Miss Hays was the whole witness on the prosecution and we give her evidence in full. Kennedy & Bursh for prosecution; Paul & Humphreys for defense. Miss Mahala Josephine Hays called on her own behalf and on direct examination by Mr. Kennedy:
Q State your name. A: Mahala Josephine Hays.
Q: Where have you been residing the last year.
A: Been living at my father’s house.
Q: Where? A: Neighborhood of Darlington.
Q: What acquaintance do you have if any with the defendant, young Mr. Cox. A: I have been acquainted with young Mr. Cox for about 8 years.
Q: State if you have been delivered of a bastard child in the last year. A: I have.
Q: Who is the father of the child. A: Julius Cox.
Q: The defendant here? A: Yes, sir.
Q: State where the child was begotten. A: In Darlington.
Q: At whose house? A: At Taylor Hubbard’s.
Q: State when it was if you can recollect about the time. A: About 12th of May.
Q: Last year? A: Yes sir. Q: State when the child was born. A: 11 February.
Q: Are you married, or unmarried A: Unmarried.
Q: Born in this county? A: Yes sir, at Darlington.
Q: Where have you been residing the last year.
A: Been living at my father’s house.
Q: Where? A: Neighborhood of Darlington.
Q: What acquaintance do you have if any with the defendant, young Mr. Cox. A: I have been acquainted with young Mr. Cox for about 8 years.
Q: State if you have been delivered of a bastard child in the last year. A: I have.
Q: Who is the father of the child. A: Julius Cox.
Q: The defendant here? A: Yes, sir.
Q: State where the child was begotten. A: In Darlington.
Q: At whose house? A: At Taylor Hubbard’s.
Q: State when it was if you can recollect about the time. A: About 12th of May.
Q: Last year? A: Yes sir. Q: State when the child was born. A: 11 February.
Q: Are you married, or unmarried A: Unmarried.
Q: Born in this county? A: Yes sir, at Darlington.
Cross-exam by Mr. Paul
Q: Where was you making your home on 12 May 1878? A: At my father’s home near Darlington.
Q: Where was you on that day? A: At Taylor Hubbard’s.
Q: What time did you go to Taylor Hubbard’s that day? A: Sometime in the afternoon.
Q: About what time in the forenoon. A: About 10 o’clock.
Q: How far is Taylor Hubbard’s from your father’s? A: About ¾ mile.
Q: In town or in the country. A: In town. Q: Is your father’s house in the country? A: Yes sir.
Q: What time in the day was this child begotten?
A: In the evening. Sometime between sundown and dusk. Q: What time did the defendant come to Taylor Hubbard’s. A: He came there about 6 I reckon.
Q: In the evening? “Yes sir. Q: Six o’clock came at that time before sundown did it not? A: He came sometime between that time and dark.
Q: He was not there after dark? A: Yes he was.
Q: How long was he there after dark? A: Just a short time.
Q: Dark would come about 8 would it not? A: I don’t know just what time.
Q: Do you know what time the sun set? A: No, I don’t.
Q: He came there about 6 and remained a little after dark. A: Yes sir.
Q: Who else was then at the house? Not anybody.
Q: Just you & he alone? Yes sir.
Q: No other persons about the house? A: No sir.
Q: Were you in the house at the time? A: Yes Sir.
Q: In a room with the doors closed? A: Yes sir.
Q: Had he ever been with you before? A Yes sir. When was that? A: Several times.
Q: When was some of the times? A: Well about two weeks before that.
Q: You testified before a Justice of the Peace on the hearing of the case in Darlington? A: Yes sir.
Q: I will ask you if you did not testify on that trial of this same case that he never had intercourse with you but once? A: No sir I never testified to no such thing.
Q: What were you doing when he came there that evening? A: I was reading, I believe. I know I was.
Q: Were you in the house or out of doors. A: “I was in the house.
Q: Was there any other house in view from where you were? A: Yes sir. There was one on the same lot.
Q” What is your age? A: 30 years in April.
Q: Do you know what year you were born in? A: Yes sir. 1849.
Q: When he came there what did he say to you? A: I don’t remember what he said.
Q: You don’t remember what he said. A: There was not much said.
Q: Did you get up and go to some room with him? A: Yes sir. Q: Did you stay there after the matter was over some time? A: Not very long. A short time.
Q: But you think he stayed about two hours altogether do you? A: I didn’t say two hours. I don’t know how long he did stay. Q: Fix in your judgment how long he did stay. A: “I don’t think I can.”
Q: Did you see him anywhere else during the day? A: I saw him on the street.
Q: What time in the day? A: In the afternoon – the middle of the afternoon. I was not close to him.
Q: You saw him in Darlington A: Yes sir.
Q: On that same evening? A: Yes sir.
Q: State the time of day as near as you can. I think you said about the middle of the afternoon. Fix in your judgment about the time in the evening you saw him in town. A” “It was not far from 4 o’clock.
Q: Was there any persons with him? A: My brother was with him.
Q Did he come in with him? A: Yes sir.
Q: Stayed did he all the time? A: No sir.
Q: Where did he go? A: He went up town.
Q: He went downtown and left Julius there? A: No sir, Julius went with him.
Q: Did he stay at the house during the occurrence? A: He came back.
Q: I understand you know when Julius came down there your brother came down with him? A: Yes sir.
Q: Did they both come in the house? A: Yes sir.
Q: Did your brother stay there while this thing was going on? A: No, sir he went off up town.
Q: Did he stay till this was over? A: He did not come back any more that night.
Q: How long did your brother stay? A: He did not stay way long – no more than half an hour. Q: During that time there was no occurrence between you and the defendant? A: No sir.
Q: Whereabouts was he on the street by whose house? A: He was close to the Harland corner if you know where that is – the hall.
Q: Did you see him at any time during that day before you saw him on the street? A: No sir.
Q: State whether or not he had on his Sunday clothes? A: No sir. He had on his everyday clothes.
Q: Do you know where he stayed all night the night before? A: I know where he said he stayed.
Q: Where was that? A: At Silas Mullen’s.
Q: Do you know where he went to that night? A: He said he was going back there.
Q: Was he working at Silas Mullen’s? A: He was right then.
Q: That day? A: I don’t suppose he was at work that day.
Q: This was Sunday was it not? A: Yes sir.
Q: Who have you talked with about what you would swear in this case? A: I don’t know that I understand. Repeats question A: I have not talked with anyone.
Q: Did you not talk with Mr. Hullet? A: Yes sir, I have talked to him.
Q: Who else have you talked to A: There were several persons in the room at our trail at Darlington
Q: Have you talked with Mr. Hulett more than once – have you talked to him since that time about swearing he had been with you more than once: Did you talk to him about that? He told you not to swear that, did he not? A: No, sir.
Q: Where was you making your home on 12 May 1878? A: At my father’s home near Darlington.
Q: Where was you on that day? A: At Taylor Hubbard’s.
Q: What time did you go to Taylor Hubbard’s that day? A: Sometime in the afternoon.
Q: About what time in the forenoon. A: About 10 o’clock.
Q: How far is Taylor Hubbard’s from your father’s? A: About ¾ mile.
Q: In town or in the country. A: In town. Q: Is your father’s house in the country? A: Yes sir.
Q: What time in the day was this child begotten?
A: In the evening. Sometime between sundown and dusk. Q: What time did the defendant come to Taylor Hubbard’s. A: He came there about 6 I reckon.
Q: In the evening? “Yes sir. Q: Six o’clock came at that time before sundown did it not? A: He came sometime between that time and dark.
Q: He was not there after dark? A: Yes he was.
Q: How long was he there after dark? A: Just a short time.
Q: Dark would come about 8 would it not? A: I don’t know just what time.
Q: Do you know what time the sun set? A: No, I don’t.
Q: He came there about 6 and remained a little after dark. A: Yes sir.
Q: Who else was then at the house? Not anybody.
Q: Just you & he alone? Yes sir.
Q: No other persons about the house? A: No sir.
Q: Were you in the house at the time? A: Yes Sir.
Q: In a room with the doors closed? A: Yes sir.
Q: Had he ever been with you before? A Yes sir. When was that? A: Several times.
Q: When was some of the times? A: Well about two weeks before that.
Q: You testified before a Justice of the Peace on the hearing of the case in Darlington? A: Yes sir.
Q: I will ask you if you did not testify on that trial of this same case that he never had intercourse with you but once? A: No sir I never testified to no such thing.
Q: What were you doing when he came there that evening? A: I was reading, I believe. I know I was.
Q: Were you in the house or out of doors. A: “I was in the house.
Q: Was there any other house in view from where you were? A: Yes sir. There was one on the same lot.
Q” What is your age? A: 30 years in April.
Q: Do you know what year you were born in? A: Yes sir. 1849.
Q: When he came there what did he say to you? A: I don’t remember what he said.
Q: You don’t remember what he said. A: There was not much said.
Q: Did you get up and go to some room with him? A: Yes sir. Q: Did you stay there after the matter was over some time? A: Not very long. A short time.
Q: But you think he stayed about two hours altogether do you? A: I didn’t say two hours. I don’t know how long he did stay. Q: Fix in your judgment how long he did stay. A: “I don’t think I can.”
Q: Did you see him anywhere else during the day? A: I saw him on the street.
Q: What time in the day? A: In the afternoon – the middle of the afternoon. I was not close to him.
Q: You saw him in Darlington A: Yes sir.
Q: On that same evening? A: Yes sir.
Q: State the time of day as near as you can. I think you said about the middle of the afternoon. Fix in your judgment about the time in the evening you saw him in town. A” “It was not far from 4 o’clock.
Q: Was there any persons with him? A: My brother was with him.
Q Did he come in with him? A: Yes sir.
Q: Stayed did he all the time? A: No sir.
Q: Where did he go? A: He went up town.
Q: He went downtown and left Julius there? A: No sir, Julius went with him.
Q: Did he stay at the house during the occurrence? A: He came back.
Q: I understand you know when Julius came down there your brother came down with him? A: Yes sir.
Q: Did they both come in the house? A: Yes sir.
Q: Did your brother stay there while this thing was going on? A: No, sir he went off up town.
Q: Did he stay till this was over? A: He did not come back any more that night.
Q: How long did your brother stay? A: He did not stay way long – no more than half an hour. Q: During that time there was no occurrence between you and the defendant? A: No sir.
Q: Whereabouts was he on the street by whose house? A: He was close to the Harland corner if you know where that is – the hall.
Q: Did you see him at any time during that day before you saw him on the street? A: No sir.
Q: State whether or not he had on his Sunday clothes? A: No sir. He had on his everyday clothes.
Q: Do you know where he stayed all night the night before? A: I know where he said he stayed.
Q: Where was that? A: At Silas Mullen’s.
Q: Do you know where he went to that night? A: He said he was going back there.
Q: Was he working at Silas Mullen’s? A: He was right then.
Q: That day? A: I don’t suppose he was at work that day.
Q: This was Sunday was it not? A: Yes sir.
Q: Who have you talked with about what you would swear in this case? A: I don’t know that I understand. Repeats question A: I have not talked with anyone.
Q: Did you not talk with Mr. Hullet? A: Yes sir, I have talked to him.
Q: Who else have you talked to A: There were several persons in the room at our trail at Darlington
Q: Have you talked with Mr. Hulett more than once – have you talked to him since that time about swearing he had been with you more than once: Did you talk to him about that? He told you not to swear that, did he not? A: No, sir.
Hereupon the plaintiff rested her case and the defendant to sustain the issues joined upon his part introduced the testimony of Julius Cox, the defendance, who swears substantially that he never had any illicit relations with the fair plaintiff. He also swears that on the night of May 12, 1878 in company with Sylvanus Hatch, Robert Larrick and others, were at Sugar Creek a half mile from Darlington; that he went from there to Silas Mullen’s where he worked and went to bed that evening and that he was not in Darlington on that day at 4 o’clock. He was not cross-examined.
Sylvanus Hatch, Robert Larrick and Alex Gazaway all sore having spent the day with young Cox on the creek till after 4 and 5 o’clock at which time he left them and started down the railroad to Silas Mullen’s who further testified Cox arrived there an hyour before sunset in time to help feed the stock, after which he went to bed. After the examination of these witnesses the attorneys closed the case and the jury were charged. After being out 30 hours they still disagreed and were discharged.