The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1904-02-08
STATES CASE
AGAINST HAZARD.
= = 80 . - ~ 49, ~ . -
State Expected to Have It's Direct
Testimony All in This
II Afternoon.
Defense Will Then Begin Effort
to Break Chain of Evi-
dence.
1
Case Against DR.. Burfeld Is a
Possibility if Hazard Is
Convicted.


teresting feature Of the morning. The
state contends that she was legally di-
vorced and is making a strenuous eff
fort to prove the same. The de-
Tense is as actively engaged in an
attempt to raise reasonable |
vorces and thereby showing the in
validity Of any marriage contract en-
tered into between Hazard and the
prosecuting watness.
Judgment Rolls Brought In.
Miss kirkpatrick was recalled to
the stand this morning and Mr.. Jelley
produced alleged Judgment rolls Of
the two divorces granted to the wit
ness prior to her meeting Hazard.
These documents were offeredain evil
dence. @..:1 :
1--WE object to the introduction Of
these papers," said Mr.. Stiles. "They
are incompetent, imrnaterial and do
not comprise either the Judgment roll
| in the actions referred to or the
| judgment iself If any ever existed
! therein. They are not identified nor
certified to as required by the federal
| statutes or the statutes of Minnesota"
| Mr.. Jelley contended that his offers
were in legal form and authorities
were produced by both attorneys.
Judge Brooks finally admitted the
exhibits.
/ s'ReasonabIe Doubt" Question.
The transcript of the divorce judg-
| ment secured from Harry L. Swafford
was read to the jury. The introduce
ton Of the transcript Of the decree Sc
cured against the complaining witness
by Alvah H. Everhard was Mr.. Stiles
cue for propounding some reason
ae lbdoubt' questions.
Mrs. Hargrave, have you seen this
paper?" asked Mr.. Stiles holding the
, judgment role of the second divorce
action.
II have a copy of it,
Did you know Of the tendency Of
this action ?"
Eyes, -
You were the defendant in that
action?"
It suppose, was
"This supposed judgment mentions
stipulation. Was there any under
standing between you and Mr.. Ever
har das to the securing Of this d.
vorce 2" 3s q. -, Is &. "a
well, he told me that If I didn't
! come home he would get a divorce and
: I said I wouldn't Gomez
Then you had an understanding? %
IT have told you all that was said
OIL Love Letters Introduced.
Mr.. Jelley then produced two let.
tiers from the defendant to the prose
from Chicago: Their offer as testi'
k mony was very evidently much agains
I the witness wishes. She scowled
shook her head and wept quietly ant
u when Mr.. Jelley showed her one O.
~ them a dramatic ooh, don't" escaped
= her. The states attorney was relent
;, less, however, and when. the epistle
= were admitted. read them to SHOW
that Viva. came to Minneapolis at thu
10 MI rec11ast The m OSt touch
k ing of the two reads: y -
NV Own Dear Stella: Your letters hay
4 Just come and do need you and want you
,e sweetheart we certainly can get along a.
~ right, dear, and believe you can ar
range it to come this week, can't you?
l., am only going to write you a shor
g. note now, but will give you larger on
A. tomorrow. I have to go see several PEG
J. pie this evening. How I'd like to TAX
rs you in my arms and hold you close to ms
my own grille.
n Good night, and God love you dear.
IN Letter offered by Defense.
e. Mr.. Stiles then took hand in tn
-, exhibit business and introduced a lei
~ ter without objection. The epist]
no written by Viva E. sHargrave to
r. Mrs. Smith reads:
~ Dear Mrs. Smith: Your Letter came
az me Sunday. There is nothing can SD!
u, the Lord and in my own heart Sam is n
- husband, nothing can change that al
- some day am sure he will realize what
- has done, I shall never cease loving hi
and shall try earnestly to forgive all wi
have caused him to do wrong. can n
write any more now. feel that cam
e endure this. Sincerely yours,
,es Viva Estelle Hargrave.
Nevada, Iowa. Nov. 25, 1908.
as Mr.. Fitzpatrick Recalled.
err J. A. Fitzpatrick was recalled al
in when asked by Mr.. Jelley as to tt
in manner in which his daughter r
els ceived the news that she. was not Ha
1e- Yards wife, said:
"She appeared very much stunne
ell She breathed systematically and cou
IN hardly say anything. It was fully t.
A. minutes before she regained enous
I'd, composure to talk intelligently."
ell Insurance Policy Introduced.
re. JosephSN. Totten, an insurance ma
af- was sworn and identified an insu
lad ance policy taken out by the 4defen
ing ant in which the beneficiary Wah
the wife, Viva Hargrave.
vas Harry Greesang was recalled as
ing witness and was asked what he h
he asked Hazard when he paid him
the visit in DR.. Burfield's apartments NJ
en- IA.
dell ct wanted to know why he pl
sumed to come to my home after
An had been acting as he had done?'' {
planned the witness.
What did he say?''
HE was embarrassed and could
the say anything except 'well-well.'
set "Did you go in?'
ma NO.
lso What did he say, if anything, abe
for being in DR.. Burfeld's apartments %
las. 'He said something about havi
San been In worse scrapes before and 81
For ting out of them, and that he guess
IRE he could get out of this one.''
,as- David WhiteSwas next recalled a
ne told Of Hazard and his wife No.
being in st. Paul together Nov.
$3.50 the day after the DEFENDANTS maria
y to DR.. Burfield. The witness told
SI Hazards actions as being the sa,
SS as his or any other mans mihgt hs
I'll been when in com aTy with his WI
Hazards Employer Testifies.
Tiiee / William A. Tanner, local agent
i'd the American casualty and indemn
nd company, under whom Hazard i
operated in the twin cities, was swo
=. IF you had any conversation w
the defendant about going to st. p;
re-. on a-scertain Saturd ay In March, ]