The Savannah morning news. (Savannah, Ga.) 1900-current, 1901-12-11
REFUSED TO ANSWER
MRS. sUTCLIFFE NARROWLY Es-
CAPPED ARREST FOR CONTEMPT.
COUNSEL JUST SAVED HER.
SHE ACTED UNDER ATTORNEY AL.
EXANDER'S ADVICE.


Directed to Her, as "A witness in
the Case of Mrs. NJ V. Burnett
Against Mrs. Deborah e. Cunning
ham-When the Commissioners
Called TO Take the InterrOEatOries
They Were Refused Answers and
Admission in the Same Breath.
what the Questions Seek to
EIicit-TriaI of Principal Case Has
been Continued.
There was a lively preliminary Skin
mish on yesterday to the legal battle
royal between Mrs. NJ. V. Burnett and
Mrs. Deborah E. Cunningham. 1t in
volved the fiat refusal to testify of a
witness for the plaintiff, to obtain
whose evidence interrogatories had
been sued out from the City Court
1t ended in the narrow escape of the
witness from arrest on a charge of
contempt of court.
The witness was Mrs. Ellen V. SUIT
cliffe, sister of Mrs. Cunningham. The
interrogatories were sworn out by Mr..
r. L. Colding. representing Mrs. Bur-
nett four days ago. A copy was serv-
ed on Alexander & Hitch.
representing Mrs. Cunningham. -6ouff-
sci were advised that at the expira-
ton of three days application would
be made for a commission to take
the interrogatories. However, no at
tention was paid to the notice by
counsel and the clerk of the court,
in compliance with law, named
Messrs. j. P. Hardee and ]. M Dreyer
as commissioners.
At o'clock yesterday afternoon the
commissioners appeared at Mrs. SUIT
cliffe's residence for the purpose or
taking her evidence, as directed by
the court. They were met by stony
refusal from Mrs. Sutcliffe, either to
answer the questions or permit them
to enter. Argument and remonstrance
alike proved without avail and the
commissioners returned to the Court
House to report the unsuccessful re-
suit of their mission to Judge Nor
wood
The Judge was amazed. He had
signed an attachment directing the
arrest of Mrs. Sutcliffe for contempt
of court and the order of arrest had
been placed in the hands of a deputy
sheriff, who had started on his mis-
sion, when Mr.. Alexander, of
counsel for the defendant, made hur-
Tted appearance on the lscene+ AT
his instance the officer was stopped,
pending some explanations to the
court.
Mr.. Alexander contended that notice
upon his firm of the intention to apply
for the appointment of commissioners
TO take the evidence of Mrs. Sutcliffe
had not been made in accordance with
law. In this, however. Judge Nor
wood ruled that he was mistaken, as
there is a special law governing the
taking of interrogatories in the City
Court and permitting that they be is
sued after three days notice to oppos-
ing counsel. Mr.. Alexander said that
it was upon his advice. based on his
understanding of the law. that Mrs.
Sutcliffe had refused to answer the
questions. He had been of the opinion
that the interrogatories had not been
properly issued and had therefore adj
yised Mrs. Sutcliffe she could not be
required to answer them.
On his positive assurance that Mrs.
Sutcliffe would answer the questions
when the commissioners made their
next visit, the rule against her was
Suspended and service of the attach
ment postponed. Messrs. Hardee and
Dreyer will call upon Mrs. Sutcliffe at
10 O'Clock this morning and 1t is be-
lieved that then the interrogatories
will be answered.
The interrogatories themselves are
not at all lacking in interest. They are
framed with a degree of care that In
dicates Mr.. Colding was willing to go
to considerable trouble. In this con-
nection It will be remembered that
Mrs. Cunningham is defending the suit
for the collection of the notes partly
on the ground that she was perfect
ly innocent party to all that occurred
sV. q
paroxysm of fright into which she had
been thrown that she signed. if she
ever signed these instruments.
After asking certain formal ques-
tons as to her identity and her ac-
quaintance with the parties to the
case. the interrogatories continue:
Where were you on Feb. 1, 1901
If you say you were in the city of
Washington, D. c.. at that time, state
whom you were with and where you
stopped there, or at what hotel you
stopped.
when did you leave Savannah with
the defendant in this case for the city
of Washington, D. c.?
state whether it was in 1900 or 1901
particularly the last time you were in
Washington. d. c., with Mrs. Deborah
f. Cunningham.
state what dry goods house you
visited with Mrs. Cunningham and
what purchases you or she made.
state particularly if you visited
the dry goods establishment known by
the name of the Boston House, and
whether you or Mrs. Cunningham met
there Mr. Trainor. the proprietor, oil
any of his employees, particularly one
of the floor walkers.
state what occurred at the time Of
your visit to this store.
What kind of goods did you pur-
chase or did Mrs. Cunningham pur-
chase?
Did you or Mrs. Cunningham pay
for the same? Were you and Mrs. Gun
bingham allowed to depart from this
store with these goods?
What was the kind of goods yoJ
end Mrs. Cunningham. or either o
you. desired and picked out? Were
they fiannels. silks, satins or velvets
What did you do with the good:
you had and what did Mrs. Cunning
ham do with those she had?
state what occurred in the privat Il
Office Of Mr.. Trainor. the proprietor
state whether Mrs. Cunningham
was with you in the private office? Il
she was not there. state where SHE
went
How much money did you have II
your purse while in the private Office
and what became of IT?
What else was in your purse be
sides the money? State speciflcall,
whether tickets. trinkets or othe
things.
How did you and Mrs. Cunning
ham frayel-bv raee mr. y,urcbacad tfolr