A
RIDE ON THE ORPHAN TRAIN
D.D.
Anderson
A
FULL-LENGTH PLAY
CAST:
Sister
Anna Michaella Bowen, 41, a Sister of Charity at New
York Foundling Hospital
Sister
Frances Liguori Keller, 60’s, a native of France, a
Sister of Charity at New York Foundling Hospital, an
original founder of the orphan hospital (has a
Mediterranean look)
Sister
Ann Aloysia Collins, 60’s, a Sister of Charity at the
New York Foundling Hospital, an original founder of the
orphan hospital
Margarita
Chacón, 26, an Anglo woman married to a
Mexican-American miner in Clifton
Mr.
George Whitney Swayne, mid 30’s, agent/factotum for
the New York Foundling Hospital—Also off-stage voices,
judge’s voices
Mr.
Eugene S. Ives, 46, Attorney for the New York Foundling
Hospital
Mr.
Warren Bennett, Attorney for the Clifton defendants
THE
TIME: January 1905
THE
PLACE: Arizona, at the Arizona Territorial Supreme Court
SETTING:
The stage is separated into two parts. One part is a courtroom-like setting with a courtroom chair used by witnesses, a podium and desks for use by the two opposing attorneys and three chairs for the nuns to observe the proceedings. The United States flag is prominently displayed, but no judges can be seen. There will be some objections the audience with the aid of the attorneys and an off-stage voice and sound effects will understand what is going on.
In
1905 the American flag had five fewer states, as
Arizona, New Mexico, Hawaii, Alaska and Oklahoma were
not yet states.
On
some occasions noises (sound effects) can be heard from
the court observers and the gaveling of a judge as well
as an off-stage judicial voice.
The
other part of the stage is in the bare style of
courtroom anteroom with a window, an Arizona scenic
painting such as the Grand Canyon, chairs and a table to
the side with a pitcher of water and some glasses. In
the back will be a door leading to the hallway and the
courtroom.
ACT
1 SCENE 1
(Darkness on both parts of stage. Three female voices can be heard
singing Pater Noster, the Our Father Prayer in Latin off
stage as the lights softly rise
on the court anteroom. Three nuns in Sisters of
Charity habits enter through a door in the back and sit.
They speak the last line of the prayer in English and
elongate the last word and note.)
ALL
THREE WOMEN
(See
attached music)
Pater noster qui es in caellis sanctificétur nomen tuum; advéniat
regnum tuum; fiat volúntahs tua, sicut in caelo, et in
terra. Panem
nostrum cotidianum da nobis hódie; et dimíte nobis débita
nostra, sicut et nos dimittimus debitóribus nostris.
And
lead us not into temptation, but deliver us from evil--
(All
three women remain seated with their heads bowed in
reverence for a moment and make the sign of the cross as
the lights come fully up.)
SISTER
FRANCES L. (With a French accent)
Sister Anna Michaella, are you frightened?
SISTER
ANNA M.
We are in
God’s hands.
SISTER
FRANCES L.
I
know, but I’ve never given testimony before.
SISTER
ANNA M.
We
don’t do this for ourselves, Sister Frances. We do
this for the children.
SISTER
FRANCES L.
Oui----
It’s
been a long time.
SISTER
ANNA M.
Over
three months and one dead
SISTER
FRANCES
Dreadful
SISTER
ANN A.
Murdered
more likely.
SISTER
ANNA M.
Murdered?
SISTER
ANN A.
I
saw how they acted.
SISTER
ANNA M.
With
God’s help we’ll find out. It’s my responsibility
to get those children back.
(The
door to the room opens and a robust jovial man dressed
in a black suit, a high collar shirt with a prominent
mustache enters.)
E.S.
IVES
Sisters,
we’re ready. Sister Anna Michaella, you‘ll be my
first witness. Don’t be
alarmed
by anything said by the opposing attorney. We’ve a
strong case and we’ll win.
SISTER
ANNA M.
Are
you certain?
E.S.
IVES
When one
argues a case in front of four Arizona Supreme Court
Judges anything can happen.
But we will get an excellent result. After all,
we have the law on our side.
SISTER
ANN A.
Aren’t
all cases a fifty percent chance? One side always loses.
IVES
The
President of the United States, Teddy Roosevelt, has
come out publicly supporting our cause.
(Sister
Anna Michaella gets up.)
SISTER
ANNA M.
Mr.
Ives, thank you for accepting our case.
SISTER
FRANCES L.
To
have someone who has your education, Georgetown College
and Columbia Law School.
IVES
Nuns
also educated me. How could I refuse?
SISTER
ANN A.
But
you did refuse---.
IVES
Ah....
yes.
SISTER
ANNA M.
Why?
IVES
At
the time my caseload seemed overwhelming, but as you
know God works in mysterious ways.
SISTER
ANNA M
Yes.
IVES
The
bailiff will escort you.
(Two
nuns get up to follow Ives out of the room. The third,
her head bowed is praying the rosary.)
SISTER
ANNA M.
Sister
Ann Aloysia, aren’t you coming?
SISTER
ANN A.
I
shall stay here and pray for the children.
SISTER
ANNA M.
A
worthy endeavor, but we need to show everyone in court,
a solidarity of purpose.
(Pause)
SISTER
ANN A.
Very
well, but I will continue my rosary.
SISTER
ANNA M.
Much
needed. Let
me help you.
(She goes over to help her.)
SISTER
ANN A.
I’m
perfectly capable of getting up.
SISTER
ANNA M.
Of
course
SISTER
ANN A.
(Struggles to get up.)
Then
there’s my tendency toward pride.
SISTER
ANNA M.
(Rushes
over to help her.)
Or
total faith in God’s protection
SISTER
ANN A
I
will continue the rosary.
IVES
If
you need any help Sister, an officer of the court is
just outside.
(She
doesn’t answer, but makes the sign of the cross with
her rosary and then kisses the cross and exists.)
IVES
Sister
Anna Michaella, a moment
SISTER
ANNA M.
Yes.
IVES
Remember,
we are here to defend the New York Foundling Hospital
and its rights concerning the orphans, nothing else.
SISTER
ANNA M.
I
don’t understand.
IVES
It
may never come up, but defend only yourself and the
Foundling Hospital. Come they’re waiting.
(They exit as the lights darken in the anteroom.)
ACT
1
Scene
2
(Both sides of the stage remain dark for a moment and an off stage
voice can be heard intoning the swearing-in oath.
As the lights go up, Sister Anna Michaella stands
before the witness chair.)
OFF
STAGE VOICE
Do
you swear to tell the truth, the whole truth and nothing
but the truth so help you God?
SISTER
ANNA MICHAELLA
I
do.
(She sits. Standing at the podium is Attorney Eugene S. Ives.
Seated at one of the desks in Mr. Warren Bennett,
opposing attorney)
E.S.
IVES
State
your full name.
SISTER
ANNA M.
Sister
Anna Michaella Bowen.
IVES
What
are your responsibilities at The New York Foundling
Hospital?
SISTER
ANNA M.
Besides
taking care of the children, I’m assistant secretary
for the Foundling Hospital and take care of all the
financial affairs for our institution. We provide
housing, care and schooling for nineteen hundred
orphans.
E.S.
IVES
This
necessitates handling millions of dollars, does it not?
W.
BENNETT
Objection,
leading the---
E.S.IVES
I’ll
rephrase---What kind of finances are involved with
running a Foundling Hospital?
SISTER
ANNA M.
We
provide two hundred and fifty pounds of meat, two
hundred and seventy loaves of bread, thirty dozen eggs
and a barrel of sugar daily for the children and hire as
many as one thousand wet nurses for our infants.
BENNETT
Objection,
irrelevant, we don’t need this kind of recitation.
SISTER
ANNA M.
I
was asked to describe the kind...
IVES
Your
honors, I wish to show Sister Anna Michaella’s
leadership and administrative skills.
BENNETT
By
making a grocery list.
(Audience applause. Judge
gavel)
OFF-STAGE
JUDGE VOICE
Order
in the court. Objection
sustained.
E.S.
IVES
How
long have you been associated with the Foundling
Hospital?
SISTER
ANNA MICHAELLA
Twenty-one
years
E.
S. IVES
During
the latter part of September 1904, what were you asked
to do?
SISTER
ANNA M.
Two
nuns and myself, four nurses, and our agent were to go
by train and take forty orphans to two mining towns in
Arizona. We take children between the ages of two and
five on what we call an orphan train to adoptive parents
with the understanding---
IVES
Sister
Anna Michaella---
SISTER
ANNA M.
I
am not finished. ---that we continue final authority
over these children until they are eighteen.
Every
year we assign out about four hundred and seventy-five
children.
E.S.
IVES
Thank
you. May I remind you to confine yourself to answering
only the question I have asked--- What happened on
Saturday, October 1st, 1904?
SISTER
ANNA M.
I’m
sorry. But we were never given a chance to explain
ourselves. I want to give you my impression of---
IVES
What
I desire are the facts not impressions. What happened
next?
SISTER
ANNA M.
We
arrived in Clifton about 6:30 pm.
We had made arrangements to give out those
children who had been assigned to homes of good
Catholics by the Pastor of Sacred Heart Church, Father
Mandin---
E.S.
IVES
What
did you observe?
SISTER
ANN M.
Everything
outside was shrouded in a sort of haze, but I saw a
group of women wearing shawls and some other women
wearing hats who were pushing their way through the
crowd. I was concerned.
E.
S. IVES
What
happened next?
SISTER
ANNA M.
Our
agent, Mr. Swayne, brought Father Mandin on board.
E.S.IVES
And?
SISTER
ANNA M.
He
was younger than I expected for a pastor. Father Mandin
was substituting for the regular priest who was on an
extended leave
.
E.S.
IVES
Would
this matter?
SISTER
ANNA M
No,
but I was... surprised.
E.S.
IVES
What
did you do next?
SISTER
ANNA M.
Since
the hour was late and only sixteen orphans had been
assigned in Clifton and the rest would go to Morenci, a
town some nine miles away up a steep, mountain path I
decided to leave the others with the nurses in the car
for that night. As we took the sixteen out of the car to
the waiting wagons to take them to the church, some of
these women with hats grabbed the children and carried
them to the wagons.
E.S.
IVES
Did
this concern you?
SISTER
ANNA M.
At
the time I thought it was overly aggressive and when one
of the women said, ‘I’ll take this one’ I was....
E.S.
IVES
What
did you do?
SISTER
ANNA M.
Nothing.
Our agent said, “Not now.” We went to the church.
One of the women wearing a hat, I found out later, a
Mrs. John Gatti, who now has our foundling, William
Norton, in her possession-
MR.
BENNETT
Objection,
argumentative
SISTER
ANNA M
I’m
simply saying what everyone in this court, in Arizona
and in this country knows.
(Rapping of gavel)
OFF-STAGE
JUDICIAL VOICE
Objection
overruled. The
witness may continue.
SISTER
ANNA M.
She
followed us, shoved her way into the church and held two
children in her arms. She seemed determined to take at
least one of our children.
E.S.IVES
Please
Sister Anna Michaella, keep your answers to the point.
Did you do anything about her?
SISTER
ANNA M.
No.
IVES
Why?
SISTER
ANNA M
We
were too busy checking each child’s label which had
their name, birthdate and family they were assigned to,
while Father called the correct parent to come and take
the child.
(Pause)
In
the dim light of the church, I noticed some of the
mothers were darker skinned than we expected as Father
Mandin had asked us for children who would be suitable
for Spanish families. Since we...
E.S.
IVES
Did
you question Father Mandin about this?
SISTER
ANNA M.
It’s
not proper for a nun to question a priest. I did go to
him and say that he must inform
each
mother that until we inspect the homes and interview the
parents, none of these placements would be final. As
soon as all sixteen were placed, we returned to the
train to spend the night. I remember feeling odd.
IVES
Odd?
SISTER
ANNA M.
Yes.
There was this strange smell all over the town. It made
me feel a little---
BENNETT
Objection,
irrelevant information, strike as unnecessary
OFF-STAGE
JUDICIAL VOICE
Sustained.
E.S.
IVES
What
happened the next day, Sunday, October 2nd?
SISTER
ANNA M.
After
their breakfast, we went in wagons to the rectory in
Morenci. There we continued to give out children to the
assigned parents, but-
E.S.
IVES
But
what?
SISTER
ANNA M.
In
the light of day I could see that some of these Spanish
mothers seemed quite dark-skinned, although without
Negro features. I
felt some of the children might look out-of-place with
such mothers, so I refused to release nine of the
twenty-four until the other nuns and the nurses and
myself could interview and decide if the placements
were---appropriate. A child doesn’t need to look like
the adoptive parents, but...
IVES
What
did you do?
SISTER
ANNA M.
It
was late and we had nine children. I didn’t feel that
we could return to Clifton to start our home visits.
IVES
What
arrangements did you make?
SISTER
ANNA M.
I
hired five rooms at the Morenci Hotel for the night and
asked Mr. Swayne to see to the luggage while we settled
the children.
IVES
Did
anything else occur that day?
SISTER
ANNA M.
Yes.
We had only been in the hotel for a short while, when I
heard a commotion in the hall.
An officer of the law, Mr. Jeff Dunagan, was
looking for our agent.
I asked him why. He said Mr. Swayne had made an
error in placing the children with Mexican families and
it was the wish of the people of Morenci that every
child be removed at once.
E.S.
IVES
Did
you say anything?
SISTER
ANNA M.
Of
course, I told him that Mr. Swayne doesn’t have the
authority to place children and if there had been an
error I would be only too happy to take care of it.
E.S.
IVES
Did
you do that?
SISTER
ANNA M.
Not
immediately. Back in the room Sister Frances called me
to come to the window.
E.S.IVES
What
did you see?
SISTER
ANNA M.
Outside
there was a large crowd of people milling about and
shouting. I ran back to the hall and told Mr. Dunagan
that Father Mandin and Mr. Swayne would go immediately
and collect the children and bring them to the hotel,
which they did. When the children were settled, I said
Mr. Swayne would accompany me now to Clifton to collect
the other children.
E.S.
IVES
Did
you go to Clifton?
SISTER
ANNA M.
No,
Mr. Dunagan said that Mr. Swayne and Father Mandin could
go but it was too late
for
a woman to make such an arduous trip as it was beginning
to rain. The Clifton children would be returned to us in
the morning.
IVES
Did
you go to Clifton the next day?
SISTER
ANNA M.
Yes,
but the rain had made the road treacherous with
horseshoe turns and sheer drops just inches from the
sliding wheels.
IVES
Did
you collect the children on Monday, October 3rd?
SISTER
ANNA M.
No,
it was awful. Mr.
Swayne told us that he’d been attacked…
MR.
BENNETT
Objection,
hearsay
OFF-STAGE
JUDGE’S VOICE
Overruled.
Mr. Ives, you may continue.
IVES
Thank
you, your honor. Sister,
what happened?
SISTER
ANNA M.
The
children were gone.
IVES
Gone
where?
SISTER
ANNA M.
I
don’t know. They’d been kidnapped.
MR.
BENNETT
Objection,
inflammatory statement
E.S.
IVES
I
object to the objection, your honor.
Sister Anna Michaella had sixteen missing
children. She didn’t know where they were.
What should she think?
(Agitated noises of protest from people in the court.)
MR.
BENNETT
The
witness is jumping to a conclusion and creating a story
that will be shown to be false.
(The sound of a gavel can be heard bringing order to the court.)
OFF-STAGE
JUDICIAL VOICE
Objection
sustained.
E.S.
IVES
I
will abide by the court’s ruling.
Sister
Anna Michaella, what were you told about the Clifton
children?
SISTER
ANNA M.
We
were told that a group of citizens ordered some of the
officers to go to each Mexican
American
home that night, in a pouring cold rain and take the
children. It is providential that more children didn’t
die that night. Why did someone allow a little two-year
old, Josephine Corcoran---?
(Pause, almost in tears)
By
the time we’d arrived all of the little ones had been
given to Anglo families in Clifton.
We
met with Sister Ann Aloysia who had been asked to stay
in Clifton to start interview proceedings. Sister Ann
said when she went down to the lobby of the hotel that
morning, she watched the children being argued over by
these Anglo women as if this was a clothing sale and no
one would listen to her.
MR.
BENNETT
Objection,
hearsay
(Rapping of gavel)
IVES
We
believe the evidence to be material.
OFF-STAGE
JUDICAL VOICE
Overruled.
(Angry sounds from the audience.)
OFF-STAGE
JUDICIAL VOICE
Order
in the court.
IVES
Once
again, thank your honor.
What were you told?
SISTER
ANNA M.
There
was going to be a meeting that afternoon presided over
by a Judge Little who would contact our Superior, Sister
Teresa Vincent, in New York to decide what should be
done.
E.S.
IVES
What
followed?
SISTER
ANNA M.
We
found out that the judge would not arrive until evening.
I didn’t feel I could leave the children in Morenci
alone that night. Since
a judge was in charge and Sister Superior would be
contacted, I felt assured that everything would be
settled in our favor so we returned to the hotel in
Morenci and waited.
IVES
Waited
for what?
SISTER
ANNA M.
We
were told that as soon as the meeting was over we would
be phoned at the hotel. We waited all evening.
IVES
Did
anyone contact you?
SISTER
ANNA M.
No.
Finally at 11:45 pm we went down to the clerk to ask
about the call and were told that Judge Little had
decided that the children should remain where they were
as they had been abandoned by us and that the children
we had in Morenci would also be taken from us. We were
horrified.
MR.
W. BENNETT
Objection.
I move that the answer be stricken as immaterial to the
case before the court.
E.S.
IVES
Stricken!
Your honors, the answer is pertinent to---
(Gavel raps)
OFF-STAGE
JUDICIAL VOICE
Sustained.
E.S.
IVES
(Resigned voice)
We
will not press the issue at this time.
Sister,
I realize this is hard for you but please tell the court
what happened next.
SISTER
ANNA M.
It
is hard, but I’m here for the children.
The next morning on the 4th, Mr. Swayne told us
he was ordered by the officers to leave town as his life
was in danger.
MR.
W. BENNETT
Objection.
The conversation between the witness and a party not
connected with this matter is purely hearsay.
E.S.
IVES
May
it please the court, this absolutely bears on what
happened to separate the children from the New York
Foundling Hospital.
OFF-STAGE
JUDICIAL VOICE
Overruled
IVES
Sister
Anna Michaella when the officers arrived, describe in
your own words what happened?
SISTER
ANNA M.
We
told them that we would not leave the children even if
it meant risking our lives.
IVES
Were
you frightened?
SISTER
ANNA M.
Yes
IVES
Yet
you were willing to sacrifice your lives for these
children?
SISTER
ANNA M.
Yes
IVES
What
children were you referring to, the ones in Morenci or
the ones in Clifton?
SISTER
ANNA M.
All
of them.
IVES
The
officers then left.
MR.
BENNETT
Objection!
Leading.
IVES
I’ll
rephrase. What
did you do?
SISTER
ANNA M.
The
officers came back later and said they had authorization
by the authorities in Morenci and Mr. Swayne to remove
three children to be placed with friends.
If we didn’t agree, the train engineer would
not run the train to take us away.
E.S.
IVES
Were
you given anything in writing?
SISTER
ANNA M.
No.
But they had guns. We felt we had no choice. By now we
realized that the citizens of these towns thought that
since we gave the children to Mexican American families,
we were not real nuns but slave traders who were selling
children.
E.S.
IVES
Did
you do anything to explain who you were and what you
did?
SISTER
ANNA M.
I
tried to.
IVES
Did
you distribute any other children in Arizona?
SISTER
ANNA M.
No,
Sir.
IVES
Any
in New Mexico
SISTER
ANNA M.
No
IVES
Any
along the Mexican border
SISTER
ANNA M.
No.
These questions are ridiculous.
We
were not selling children!
IVES
What
prompted you to bring the children here?
SISTER
ANNA M.
Our
agent, Mr. Swayne had written to the pastor of the
Sacred Heart Church and told him we had children to be
placed in good homes.
IVES
What
answer did you receive back?
MR.
WARREN BENNETT
I
protest. The court has stated that it is interested in
hearing testimony for the purpose of determining what is
in the best interest of these children. We will show
that the homes were not good.
(Gavel rapping)
IVES
Your
honors, opposing counsel can have his opportunity in
cross to protest.
OFF-STAGE
JUDICIAL VOICE
Allowed.
Please continue, Mr. Ives.
IVES
How
did the priest respond?
SISTER
ANNA M.
Father
Mandin wrote back and said the homes were all good homes
and the people were all good Catholics and fit and able
to look after the children as most of them had no
children of their own.
IVES
Did
you have any trouble leaving Morenci?
MR.
BENNETT
Objection,
leading
IVES
I’ll
rephrase. Did
anything else happen in Morenci?
SISTER
ANNA M.
People
from Morenci barged into our rooms. Our doors had no
locks. The
men were flourishing guns and the women were screaming
at us. They said we were doing a great injury to these
orphans selling them to Mexicans. I told them they were
being unreasonable and if they thought we were selling
children for four to six dollars apiece after we had
spent fifteen hundred dollars to bring them here they
were also quite foolish. Finally Mr. Mills arrived.
IVES
Mr.
Mills?
SISTER
ANNA M.
The
Superintendent of the mining camp in Morenci
IVES
What
happened then?
SISTER
ANNA M.
We
explained to Mr. Mills that we would be only too happy
to rectify any confusion. He told us we could leave
Morenci under his supervision with our twenty-one
children. He also said he had no authority over what was
going on in Clifton.
IVES
Were
you able to leave Morenci with the children?
SISTER
ANNA M.
Yes.
But not with the three who had already been taken. We
couldn’t find them.
IVES
After
arriving in Clifton, how long did you stay?
SISTER
ANNA M.
A
short while, we hoped that since we were allowed to take
most of the children in Morenci and in spite of what
Judge Little had said, cooler more reasonable heads
would prevail in Clifton and we’d be able to recover
the Clifton orphans.
IVES
Were
you allowed to take the Clifton children?
SISTER
ANNA M.
No.
IVES
Were
you allowed to see or talk to the children?
SISTER
ANNA M.
No.
IVES
Were
you allowed to meet the people who had taken the
children?
SISTER
ANNA M.
No.
IVES
What
did you do then?
ANNA
M
(Pause)
We
were afraid for our lives, so the next day at 7:00 am,
we got on the train, with the little ones we had, and
left.
IVES
At
this time, may it please the court we have no further
questions.
ACT
ONE
Scene
3
(Lights fade to dark and come up on the court anteroom.
The three nuns and Ives enter.
Everyone sits except Ives. Sister Ann A. is still
praying the rosary.
There is a moment of prayerful silence.)
IVES
Sister
Anna Michaella, I think that went rather well.
SISTER
ANNA M.
I
don’t like that Mr. Bennett. Why didn’t you press
that question about what is in the best interest of
these children? We are in the best interest...
IVES
My
goal was to get a clear progression of events.
I
wish this case was not getting all this national
attention in newspapers and magazines.
Believe me the publicity is not painting you in a
good light.
SISTER
ANNA M.
Why?
IVES
You
gave fair looking children to Mexicans.
Now
Mr. Warren Bennett will cross-examine you, please, keep
your answers limited and simple.
SISTER
ANNA M.
If
we’re being represented as villains, I must tell as
much of what happened as possible.
IVES
It
doesn’t matter.
SISTER
ANNA M.
Why?
IVES
The
legal issue here is that according to New York State
law, The Foundling Hospital has jurisdiction over these
orphans. The rest is legal posturing. To bring up
anything else, light skin, dark skin, inappropriate
homes, none of this matters, it merely inflames a
situation we want to keep calm and pleasant.
SISTER
ANNA M.
Why
should I be calm and pleasant, these children were
abducted and forcibly taken from our care. I want to
shout from the rooftops that a great wrong has been
done.
IVES
Why
don’t you use this time to rest yourselves?
SISTER
ANNA M.
I
find it puzzling that these Anglo Americans should have
such hostility toward Mexican
Americans.
After all we are all God’s children.
IVES
I
see you’ve only been provided with water and glasses.
Quite unacceptable! I’ll be happy to order tea.
SISTER
ANNA M.
No,
thank you.
IVES
Perhaps
some cake
SISTER
ANNA M.
No.
IVES
Very
well, then---A bailiff is available outside the door if
you need anything. Rest yourselves. I must go and confer
with my colleagues.
(Exits, Sister Francis gets up and pours water for those who signal
a wish.)
SISTER
ANNA M.
Rest!
I have not rested for the last three months. If only we
had been listened to---
SISTER
FRANCIS L
The
color of Mexican American skin matters a great deal
here, doesn’t it?
SISTER
ANNA M.
They
won’t listen.
SISTER
ANN A.
(Looks up from her rosary, kisses the cross and says)
Father
SISTER
ANNA M.
Thank
you, Sister Ann for praying the Our Father.
SISTER
ANN A.
(Shakes
her head, no)
SISTER
FRANCES
Are
you praying about Father Mandin?
(Shakes her head, yes. The
nuns look at each other puzzled.)
SISTER
ANNA M.
What
about him?
SISTER
FRANCES L.
His
skin it’s the same color as most of the Mexicans.
SISTER
ANN A.
Ah
yes. He’s
from France, very Latin in appearance like most from the
Mediterranean regions.
SISTER
ANNA M.
He
wrote us he wanted fair children, no Negroes, Indians or
Chinese, so we gave him
Irish
children. Had we known we would have brought children of
Latin ancestry.
SISTER
FRANCES
He
considers himself fair.
SISTER
ANNA M.
I
see.
(Pause)
Father wrote that the people were of Castilian ancestry
and Castilians have Celtic/Irish roots.
SISTER
FRANCES
All
Castilians from the Mediterranean consider themselves
fair.
SISTER
ANNA M.
Then
why are people here stirring up such a fuss? Many of the
Mexican families we gave the children to had the same
skin color as Father Mandin. Sister Ann Aloysia, is that
what you meant?
SISTER
ANN A.
(She nods, yes while continuing to pray.)
SISTER
FRANCES
Thanks
be to God, Father wasn’t being irresponsible.
SISTER
ANN A.
He
did what made sense to someone who had recently arrived
from France.
SISTER
ANNA M.
Does
any of this matter? Why so much hostility toward these
Mexican Americans? To say that we were doing an injury
placing these children with them is unacceptable. We
would never injure a child.
SISTER
ANN A.
Power
and prestige can encourage sin.
SISTER
FRANCES
Don’t
you find it strange that most of these good Catholic
Mexican families have no children? Almost forty Catholic
couples without children, but then these Anglo women
don’t seem to have any children either.
(A
knock on the door and Ives enters.)
IVES
Sisters
it’s time. Remember, Sister Anna Michaella, say as
little as you can.
SISTER
ANNA M.
Mr.
Ives, I now understand why the confusion, perhaps if I
explain to the judges.
IVES
.Sister,
perhaps later...come
ACT
ONE
Scene
4
(Lights down on anteroom and up on courtroom.
Sister Anna Michaella is seated in the witness
chair. Mr.
Warren Bennett is at the stand.
Mr. Ives is seated at the table.)
BENNETT
May
I remind you Sister, that you are still under oath to
tell the truth?
SISTER
ANNA M.
Yes.
BENNETT
Before
these children left New York, arrangements had been made
for placing them in good homes in Clifton and Morenci.
SISTER
ANNA M.
Yes,
sir.
BENNETT
Each
child had a label with the assigned parent pinned to its
shoulder.
SISTER
ANNA M.
Yes,
the label had the child’s name because some of the
children were too young to answer for themselves.
BENNETT
So
the Foundling Hospital entirely trusted the
recommendations of the local priest.
IVES
Objection,
leading---
OFF-STAGE
JUDICIAL VOICE
Sustained.
IVES
Thank
you, your honors.
SISTER
ANNA M.
We
accepted Father Mandin’s word.
BENNETT
Did
you inquire about the qualifications of this young
priest to judge these people’s capability?
SISTER
ANNA M.
This
would not have been the correct procedure for me or any
nun to do.
BENNETT
Sister
Anna Michaella, do you personally know these foundlings?
SISTER
ANNA M.
Of
course
BENNETT
You
stated in your previous testimony that you have nineteen
hundred children at the Foundling Hospital and over four
hundred are placed with families. Are you going to sit
here and tell this court that you know all these
children?
SISTER
ANNA M.
I
know about them from our record books but the children
we place in homes I personally know.
BENNETT
So
you remember William Norton, the child you are trying to
take away from Mr. and Mrs. Gatti?
IVES
Objection,
we are trying to correct an illegal seizure.
BENNETT
I
object to counsel’s objection.
The issue before the court is not an illegal
seizure.
OFF-STAGE
JUDICIAL VOICE
The
court will not countenance legal skirmishes between
opposing counsel. Mr.
Bennett, you may proceed.
SISTER
ANNA M.
Of
course I remember William Norton.
BENNETT
How
long have you known him?
SISTER
ANNA M.
He
has been at the Foundling Hospital since he was born.
BENNETT
With
so many children about how could you be so sure?
SISTER
ANNA M.
I
saw him in the nursery. He had auburn hair and seemed a
bright child. I personally picked him out to be placed
with a family.
BENNETT
When
was he born?
SISTER
ANNA M.
I
would need to refer to the record book for the exact
date, but I believe it was in October
1901.
BENNETT
What
became of the mother?
SISTER
ANNA M.
I
don’t know.
BENNETT
When
you were handing these poor waifs over to the Mexicans,
did you see some give the priest money?
SISTER
ANNA M.
Yes.
BENNETT
So
these children were sold.
SISTER
ANNA M.
That’s
absurd.
BENNETT
Mr.
Ives, will you please control your client.
IVES
Sister
Anna M---
SISTER
ANNA M.
I
will not be controlled when information is being wrongly
interpreted. The so-called payment was to help defray
the cost of hiring wagons to transport the little ones.
(Rapping of the gavel)
Your
honors, I certainly do not wish to offend, but Mr. Ives
was not objecting enough.
BENNETT
Did
you know that your agent told Mr. Jeff Dunagan that he
refused to remove the children from Mexican families?
SISTER
ANNA M.
Mr.
Swayne does not have the authority to remove or place
our orphans.
BENNETT
You’re
avoiding my question, Sister. I will repeat it.
SISTER
ANNA M.
I
didn’t know this and why do you keep calling them
Mexicans when they are Americans?
BENNETT
Did
you hear Mr. Dunagan tell Mr. Swayne he would have to
leave town?’
SISTER
ANNA M.
Yes,
I did.
BENNETT
Did
Mr. Dunagan say that you must also leave town?
SISTER
ANNA M.
Yes,
and we had forfeited all claims to the children in
Morenci and had abandoned the little ones in Clifton.
Me, abandon a child! How dare anyone suggest such a
thing!
IVES
I
must object to the unfortunate term, abandoned. Perhaps
we could use---placed temporarily.
BENNETT
I
do not agree to counsel’s change of term.
SISTER
ANNA M.
I
would never abandon a child.
BENNETT
Sister
Anna, please confine yourself to answering my questions.
Did Mr. Dunagan tell you that you had to leave?
SISTER
ANNA M.
Mr.
Dunagan said he couldn’t be responsible for Mr. Swayne
any longer.
BENNETT
Did
he threaten you or Mr. Swayne?
SISTER
ANNA M.
What
do you mean by threaten?
BENNETT
Please
answer the question.
SISTER
ANNA M.
I’m
trying to. When
an officer of the law stands in front of me, with a gun
in his belt, and tells me to get out of town and forfeit
all rights---
BENNETT
Were
you threatened?
SISTER
ANNA M.
I
intimated a threat.
BENNETT
Intimated?
SISTER
ANNA M.
Yes.
BENNETT
Did
you allow the officials to take three of the orphans?
SISTER
ANNA M.
Mr.
Swayne did.
BENNETT
In
prior testimony you said Mr. Swayne had no authority to
place out children and yet you agreed to allow this?
SISTER
ANNA M.
I
did not agree.
BENNETT
Did
you protest?
SISTER
ANNA M.
I
should have said something, but I felt that they had the
authority under Arizona law.
BENNETT
Answer
the question, Sister?
IVES
Objection,
badgering the witness
OFF-STAGE
JUDICIAL VOICE
Sustained.
BENNETT
You
did say in your prior testimony that you refused to give
nine children to the Mexicans.
SISTER
ANNA M.
Mexican
Americans.
BENNETT
Why
did you refuse?
SISTER
ANNA M.
I
was concerned over the appearance of some of the
families.
BENNETT
But
these were families Father Mandin had chosen, were they
not?
SISTER
ANNA M.
Yes.
BENNETT
Were
you impressed with any of the Mexicans? Didn’t you
find them dirty and foul smelling?
SISTER
ANNA M.
I
object to such descriptions. It’s not my place to
over-ride what Father Mandin said or did.
BENNETT
Why?
SISTER
ANNA M.
I
have taken a vow of obedience.
BENNETT
So
you allowed these Mexicans to take the children
IVES
Objection,
badgering the witness
(Rapping of gavel)
OFF-STAGE
JUDICIAL VOICE
Sustained.
SISTER
ANNA M.
I
felt we must allow him to place the children until we
could visit and see for ourselves if the homes and
families would suit.
BENNETT
So
you had objections from the start.
SISTER
ANNA M.
I
do not wish to offend but I would like to object to this
form of questioning.
BENNETT
Mr.
Ives have you not instructed your witness on courtroom
protocol?
IVES
I
will allow the court to judge the witness’s response.
(Rapping of gavel)
BENNETT
Did
any white people apply for the care and custody of the
children?
SISTER
ANNA M.
White
people? Do you mean Anglos?
BENNETT
Anglos,
then
SISTER
ANN M.
No.
BENNETT
Did
Mr. Mills, the Superintendent of the Mines, say you
could leave with all the children, but three?
SISTER
ANNA M.
He
said we could leave with all of them, but we couldn’t
find the...
BENNETT
Please
confine your remarks to a simple yes or no or a very
short sentence.
SISTER
ANNA M.
I
apologize to the court but I must object. I’m here to
have returned to the New York Foundling Hospital,
children who are legally under our care.
(Rapping of the gavel)
BENNETT
Legally?
SISTER
ANNA M.
Yes.
The State of New York has given us a legal right of
guardianship over abandoned children. May I use the word
here instead of---placed temporarily?
BENNETT
I
don’t object. How do you decide if they’re
abandoned?
SISTER
ANNA M.
The
mother must place the child in one of our beds, as a
physical statement of release.
BENNETT
Is
it the purpose of your hospital to find homes for
homeless children?
SISTER
ANNA M.
Yes,
Sir.
BENNETT
And
was that the purpose for which these forty orphans were
brought to the Territory of
Arizona?
SISTER
ANNA M.
Yes,
Sir.
IVES
Objection,
the Articles of Incorporation by the State of New York
give the Foundling Hospital the right to decide the
proper homes.
BENNETT
So
the only purpose is to find good homes for these
children.
SISTER
ANNA M.
Yes…wait
a minute, we decide what constitutes a good home.
BENNETT
If
the people who now have these children are furnishing
them with good homes, what objection could the Foundling
Hospital have to allowing the children to remain in the
homes they are in now?
IVES
Objection,
question immaterial
SISTER
ANNA M.
I
also object. Until our rights are resolved and these
children have been returned to us I cannot answer such a
question. I
do not have that authority, only our Superior, Sister
Teresa Vincent, has such responsibility.
BENNETT
So
the purpose of the hospital is to establish their rights
rather than find good homes for these children.
(Cheers
from unseen audience and gavel rapping for silence.)
OFF-STAGE
JUDICIAL VOICE
Order
in the courtroom..
SISTER
ANNA M.
I
don’t like your question.
IVES
I
object to the question in its present form.
BENNETT
I’ll
rephrase. Do
you agree that Father Mandin was at fault in his choice
of homes?
SISTER
ANNA M.
(Struggles in a pause)
Perhaps.
(Quietly)
BENNETT
Since
you have objected to several of my questions would you
like to elaborate on this last statement of yours?
SISTER
ANNA M.
No.
BENNETT
I
have no further questions.
