The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1904-03-02
WHAT CONSTITUTES
WEARING APPAREL?
Question Which Judge EnoCh
Will Decide
IN A SUIT FOR JUOGMENI
Mrs. Stevens Don't K n oW
Where Jewels Are.
IN A SUIT FOR JUDGMENT

whether or not diamond rings are wear
inc annarel is the question that has come
I'D for decision in the probate court Ar
guments in the case were heard last night
before Judge Enoch and the matter Is
now under his Amusement.
The question is the result Of suit
brought by Rosenthal and Sloan Millin-
erv company against Mrs. S. NJ. Stevens.
in which they are seeking to attach her
diamond rings on a debt of $55745, which
they claim is due them
The case was tried in the city court
and the plaintiff given judgment for the
above sum.
The defendant claims that her rings
are wearing apparel and are therefore
exempt from attachment. The plaintiff
contends that rings are not wearing app
parel, in that they neither protect the
body nor are they of any material use
or convenience.
The case was called yesterday morning
in the probate court. o. G. Eckstein and
A. G. Yankee appearing for the plaintiff,
and Adams & Adams for Mrs. Stevens.
Mrs Stevens was called as witness
and was examined by Eckstein. She tes-
tilted in part, as follows:
MY name is Mrs S. NJ. Steyens. 1
was in the millinery business in 1903.'
''Were you in business in April, 1902"
no sir. 1 went out Of business in
January, 1903
What debts did the firm have at this
time?'
4 owed Strauss $50: Rosenthal, $40,
and $50 tc others. In 1902 ! drew out Of
the business between $500 and $1,000, with
which ] bought furniture and piano. 1
received $500 DOWN when I sold out and
afterword got $3.50 more. 1 had no inter
est in the store arter / sold out in 1903
January 13 They gave me a note for
$500, which l turned over to Mr.. Stevens
for what | owed him When I went into
business he advanced me $1,000 cash and
four or five hundred to pay my expenses
until the business was started"
Where are your diamonds, Mrs. Stew
ens?"
II haven't them. They are not in my
possession at present, and I don't know
where they are
when and where did you last see
them"
About a week ago, on my finger 1
have not seen them since / took them
oft. I don't know where l put them.
There are four or five diamonds and some
opals. omeralds and pearls 1 have no
special place for keeping them. Some
times Lput them on the piano, or win
dowsill. and sometimes on my dresser.
About week ago ] put them in the
kitchen behind towel and l have not
worn them since
Have you seen them since?"
Il don't remember l don't know who
has the rings. l gave my sister two
rings but she has lost them or given
them away
~ Attorney Adams.
Has your sister the rings now?"
mo sir
HAS your husband?'
''No sir
''Who gave the rings to you're
MY husband
when"
'Over three years ago"
BY Mr. Eckstein.
What were they worth?'
4 can't say just how much. for [ do
not know. / had two of them made into
one. which made a cluster of four dia-
monds. I had four rings on when l was
witnesS before. I don't know whether
these were the ones or not. 1 have not
worn the rings for week I do not
know whether gave them to any one or
not"
Are the rings yours?"
Il borrowed money on them from my
father but do not know whether he has
the NOR not"
''Who has them?"
Il tell YOU 1 don't know
The argument in the case was set for
oclock in the afternoon. at which time
Attorney John Adams and ATTORNEYS