The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-12-06
JUDGE PUTS HIS FOOT DOWN
Testimony of Mrs. Jennings Adds
Nothing to Strength of Husbands
Case-Dny's Evidence.

of Salem, Ind. was weaker than when the
case opened the first of the week. Jennings
has not produced particle of evidence to
show there a conspiracy against him.
His wife was on the stand during the after
noon and she made a poor witness. She
swore to certain things on direct examina-
ton and either denied them or claimed TO
have a faulty memory when they were re-
ferred to her again on cross-examination.
The case has dragged along slowly and
the complainant has failed to prove the
allegations as set out in the complaint.
Judge Baker took hand in the proceed
ings before the adjournment of the morn
ing session. He stated that no evidence had
been introduced to show that conspiracy
had existed He said that it is in evidence
that eight men got together and that they
went out and did certain things, but there
is not a shadow of evidence that anyone
else had anything to do with it. He further
said that unless the plaintiff can show there
was a conspiracy the court will have to
say what charges shall go to the jury, and
the others will have to be dismissed. as
the court cannot try a half-dozen suits at
once.
SHARP RULING MADE.
Abiding to the case against Calvin and
Eli Menaugh. owners of the Salem Demo-
crat, which is accused OF libeling the COM
plainant the court said others could not
be held liable as no one besides the Men
aughs seemed to know anything about the
alleged libelous articles.
c. C. Hadley. principal attorney for the
defendants. moved that the plaintiff elect
which charge he intends to stand on, but
he hat ha rrllp
until the plaintiffs evidence is completed.
At to-day's session the cross-examination
of Mrs Jennings will be continued and it
is expected that the examination of Jen-
nings will consume the remainder of the
day. Attorney Hacley will then place his
motion before the court to release such de-
PENDANTS as have been proved not to have
been implicated in the AFFAIR. 1t is expected
that the plaintiff will make his fight on
the assault charge or on the libel charge.
Mrs Jennings was called to the stand
at $3.50 o'clock. She was chewing gum, but
before she answered the first question she
handkerchief. Her voice was very low
and indistinct at times and she claimed
that she had a throat affiiction. At times,
however, she became slightly excited and
everyone in the courtroom could plainly
hear her words. She watched her husband
so closely that particular notice was taken
by everybody.
COULD NOT ENDURE HIM.
The witness said she was married to Mr..
Jennings on Aug. s, 1897. She told of her
nervous affiiction and claimed she suffered
from nervous prostration. Mrs. Jennings
then told of the visit she made to Attorney
Asa Elliott the spring before the alleged
attack upon Jennings. She said she stopped
at Mr. Elliott's office on the way to her
dressmakers house and told Mr. Elliott
that she couldn't stand Jennings any long
and wanted to swear out peace war
rant against him. She went TO her dress
makers house and was led home by her
husband. She admitted that she was afraid
he was going to do some desperate thing
and was afraid he would kill her When
the door was opened to their house she
claimed she fell over the rug and her head
hit the hatrack in the hall. He lifted her
up. but she admitted that she screamed
and tried TO get away She said she went
out to the gate and then TO the jail She
said her husband came after her and want
ed her to return home with him, but she
would not go. She decided to leave Salem
to get away from her husband She was
driven trye to- to Borden ;th Where she boarded
den that she need not be afraid of Jen-
nings following her, as he had fallen from
his horse. The witness testified that Mr..
Elliott got on the train and told her that
Jennings had been about Salem hourishing
a revolver, saying he would bring her back
dead or alive. Mrs. Jennings went TO a
friends house in Louisville. where she re-
Salem and again lived with her husband.
A STRENUOUS NIGHT
Mrs. Jennings told of the night of Jan.
30 1900, the night the alleged assault was
made. She said she was in the house with
the children when Reed called at the house
and tried to get possession of the pam
phlets She told Reed she knew nothing
of the papers, but Reed said through the
door that he would get the papers IL he
had to break the house down. 81 told Reed
that if he attempted to break the door down
| would shoot through the door, He then
told me that unless they got the papers
they would string my husband up. L
talked for some time, hoping TO gain time
with Reed did not get into the house, and
soon left after trying the side and back
doors. There were quite number of men
Mrs. Jennings said she sent Mr.. Jen-
ningss son to find his father, and the boy
returned with his fathers hat. She then
went out in search of Mr.. jennings and
met several of the defendants. When she
found her husband he was covered with
blood. and she called DR.. Purkhiser. who
dressed his injuries. An effort was made
TO introduce letters alleged TO have been
written by Elliott TO Mrs. Jennings while
she was in Kentucky. but the defense OBJ
iected. The court said:
my impression is that this woman vol
UNFAIRLY went to Kentucky. and not through
the suggestion or other persons. There is
not a shadow of evidence TO show any
conspiracy against Elliott any one in
the world. When you prove Elliott as a
cOnspirator, you can introduce the letters.
This woman is so vitality interested in her
husband recovering damages that unless
she is corroborated l wouldn't believe her
at all"
WIFE STANDS BY HIM
Mrs. Jennings denied many statements
made during the direct examination when
she was cross-examined by Attorney Had
/ ley She denied that her husband ever
swore at her or abused her. Abiding TO the
I visit to Elliott's office, she said the reason
| she made the statement that she couldn't
stand Jennings any longer was that he
/ walked the floor. wrung his hands and
prayed while suffering with neuralgia, and
/ as she was sick she wanted to get away
| from him.
/ Then you thought peace warrant was
something to make him quiet. like a dose
Il OF mOrphine?' asked Attorney Hadley.
/ Yes, sir" she replied.
She denied telling Elliott or Hudson that
\ her husband had beat her. Mrs. Jennings
Warner Jennings, the ffteen-year-old son
! of the complainant. testified to what oc-
I Cured at the house the night of the al
legged assault. He said he saw the party
in front of the house, and one of the men
| wore mask.
Mrs. Harriet Prov testified that she had