The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-07-16

and E, and overruled as to the others.
motion to make charges A and c
more definite was overruled.
Judge Redden then filed answer to the
charges, which after setting up a gem
eral denial of each and every allegation
in the bill of complaint, goes on to say:
With reference to the charge marked
c, he denies specifically that he was
ever guilty of adultery With Mary Rem
ington, and says that whatever order,
judgment or decree may have been rem
dered in the case therein referred to,
with reference to adultery was done by
compromise of litigation in the nature of
settling litigation under and by the
terms of which no sufficient evidence
was offered, and under which this re-
spondent did not offer any evidence on
the subject of adultery and that there
was no bonafide trial or hearing held;
that the decree that was rendered was
not final, and has not become final and
was not and is not an adjudication upon
the subject matter of the charge con-
tanned in said charge marked c.
The charge of adultery is based on a
divorce suit which was filed against DR..
Gray by his wife. in which the charge
was made.
GRAY ON THE WITNESS STAND.
After disposing of the preliminary mo-
tons, the state called DR.. Gray as
witness.
Gray made a good witness in his own
DGlldll ne - d lIIdn Ol ilGQlulIl Slc-
ture, with scant moustache of black
tinged with gray. He has cold eyes,
and a rather unpleasant expression of
the mouth His nose is of the Roman
variety. His voice is soft, and it was
with difficulty that he talked loud
enough for all the members of the board
to hear.
Throughout Gray's testimony there
was continual wrangle between the
attorneys which sometimes threatened
! 81 he Il ofa ri
to keep out all reference to the 1rma
Brown case, on the ground that the
board had ruled out charge D which
brought up that matter 1t was soon
made plain, however, that the board
proposed to exercise the magnificent
freedom from strict legal procedure
which characterizes its organization by
listening to almost anything 1T pleased,
regardless of whether court of justice
would hold it competent testimony or
not The board laid down the general
rule that it did not want to go into the
murder trial testimony, but wanted to
hear everything else that could shed
any light on the character of Gray.
How old are you?" was the first
question put to Gray, after he had stat
ed his name.
Il am AZ" replied the witness.
Did you know Irma Brown in Car
den City?'
When did you leave Garden City
with Irma Brown
November l, 1901, about noon.'
Where did you go?'
1--WE went direct to Chicago, ana ar,
rived there about noon November q
where did you go when you arrived
in Chicago?"
I'VE went to Grace hotel;
Did you register there?"
Eyes" -,
"By what name did you register?"
This question provoked a long dis
pute between the attorneys Attorney
Marston said: III,
omen up the entire question OF the
death of Irma Brown. This defendant
has once been tried and acquitted on
that. and it would violate the most sa-
cred principle of law to again place MIN
in Jeopardy 1t took fifteen days to try
this case in Chicago
Attorney Pestana replied: This board
is a rule unto itself It can listen TO
best kind of evidence. If this man
went to that hotel and wrote on the
register r. E. Gray and wife, no one
knows it better than himself II we can
prove that he. married man. Went
with a single woman and registered as
man and wife, what better proof is
there that he is an immoral man?'
The board consulted briefly, and de-
cided to admit the question:
Answer the question: said Mr.. Pes
Il would like to ask" said the wit
ness. IF 1 may be permitted to state
why I registered as l did,
Certainly" replied Mr.. Pestana.
Il registered as Leon Howard and
wife,
How long were you at the hotel?"
"She three days l was there from
IL D. m. Saturday night until Sunday
morning. 1 was out all day Sunday,
and we were out all day Monday"
From the Grace hotel. Gray and Irma
Brown went to the Leland hotel, where
they registered as DR.. r E. Gray anc
Leila Howard, and occupied separate
rooms for ten DAYS.
From November / to November IA
you We're a married man., asked Pes
tana-
yes" replied the witness. very
family.
MARSTEN AND BROWN FUSS.
There was a sharp bit of repartee be-
tween Attorney Marsten and Attorney
Brown. Marsten had been taking dig
at Brown now and then during the hear
ing, intimating that he had taken an
undue interest in the case
L want to say" retorted Brown to
one of Marstens sallies. that l nave
right to be here. I have evidence to
show that / was retained by parties in
Garden City to appear as associate
counsel in this case"
Il have stack of letters" replied
MaIsten, connecting Browns name
with DIR. Gray in a great many ways,
which I can produce if necessary
Il used to be attorney for Dr. Gray,
said Brown.
wei. l pity the doctor" snapped
/ Marsten.
I saved him from going to Jail,
flashed back Brown.
Marsten then tried to introduce, on
behalf of the defense. Dr. Gray's office
record, showing just y.h-t treatment ne
( had given to Irma Brown.
Every detail of this affair should pc