Kansas City journal. [volume] (Kansas City, Mo.) 1897-1928, 1897-10-22

thing, about 1 Dr. Dr. Berger having pulled you
Il told him that DR.. Berger was sitting
down and that he pulled me down in his
lap ,.,.,
1T had no arms and was high-backed."
Did you tell your husband how long
you was in his lap?"
You knew there was young lady in the
adjoining room all the time. didn't you?"
Yes.
Was your husband home that EVENING""
Was he home the next day?"
Did YOU call to see Prosecuting Attorney
Lowe the latter part of January of this
year?'
Il don't remember when it was; 1 went
up with my husband
Did you not tell Mr.. Lowe during that
conversation that the chair was an arm
chair like the one you are sitting in?''
Major Woodson arose and objected. He
thought the cross-eXamihation was exceed
ing the facts brought out on the direct ex-
animation.
To Test the Witness CredibiIity.
Il simply ask this question. your honor"
sfid Major Warner. ito test the credbiiity
of this witness. She is the witness for
the defense and contend that we have a
right to satisfy ourselves in that regard"
Judge Wofford-''I take the same view Of
it and for that reason I have allowed n
number of question to go In
Major Warner then asked the witness
concerning certain statement she had
;mde to Prosecuting Attorney Lowe, but
before it could be answered, Judge Wof-
ford said
THE question arises in my mind whether
the prosecuting attorney go on the
she may have made to him was made as II
ccntidential communication and must stand
in the nature of the statement OF a client
TO her attorney"
Attorney O'tirady took issue with the
court He held that the prosecuting attor-
ney could under no circumstances occupy
the position of attorney for client; he
was the attorney for the state and could
not become the private attorney of pri-
vate citizens. He Is the attorney of the
people who employ him and who pay him,
said Mr.. OGrady.
Major Woodson said that the question
of the statement was whether II was Il
fact that she went to the prosecuting at
torneys office to talk over the matter
not that she went there to make a state
mcnt.
Judge Wofford and the attorneys retired
TO Il private room, where the question was
argued for some time. Gpon his return
TO the courtroom he overrucd the objec-
| t!on. Then Major Warner withdrew the
! question and asked:
/ you stated that you only went there
| with your husband-is that n fact?''
II went 10 Mr.. loves office once with
| Mrs. krunZ"
| Didn't you say on that occasion that the
doctor sitting in an arm chair when
| ho pulled you down on his lap?"
| II didn't tell Lowe that IL was an arm
| chair. said II not an arm chair
! You ray you fought with the doctor?"
Yes. ] fought till | got away. and he
| told me to keep quiet about 1t or he would
| fX me"
did you tell your husband the character
| of thoEe injurics?"
Yes sir. l showed him the black and
| blue spots
| How many marks We're there?"
II did not count them"
An of the marks were below the knee?"
| No; above and below the knee"
None on the left Lego"
Was DR.. Berger at your house after this
| drtc?"
| Yes: he came down on the following
| Thursday to operate on my tonsils: it was
| the date he had fixed upon when | was at
his office on the 9th. | did not know wheth-
| or he was coming not
''ilid you tell your husband he was COM
| ing?" 49,
| Yes; soon after I got home from the
| doctors Office that night"
John schleGel texcitedly)-"She told me in
| the evening"
Major Woodson cautioned hrs client that