The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1904-03-31
MOTION IN CONTEMPT
CASE 0vERRULED
Mrs, Stevens to Be Tried on
Charge,
DEFENDANT FILES ANSWER
Trial VIII Be Up Again This
Morning.
DEFENDANT FILES ANSWER

for contempt was called for a hearing in
The probate court yesterday morning.
The defendant being present with her
attorneys. Adams and Adams, and the
plaintiff represented by 0. G. Eckstein
and G. G. Yankey.
When the case was called the defendant
fled a motion to quash and set aside the
accusation Of contempt which had been
fled in the case, on the grounds Of in
sufficient evidence showing that the de
PENDANT was in contempt.
The motion was overruled by Judge
Ncaoch. whereupon the defendant filed
motion asking that the order, finding
and judgment in the case. as MADE by the
court. also the accusation for contempt
which had been filed.
The motion in part was as follows:
Ffrst:-The evidence shows that on the
tim that the probate judge, z. Z. Enoch.
made the Judgment, finding. and an order
thu the diamond rings be applied on the
Judgment in the said case and the de-
PENDANT surrendered the same 10 Henry
Sclad. as receiver, the rings were not IN
tn possession of the said defendant, and
d. cyidenc- was introduced showing that
TN same ere in her possession or that
she has the power to deliver them to the
receiver.
Second:-That the three diamond rings
ordered to be delivered by the court to
TIL receiver We're At the time the order
Wa made the individual property of the
said defendant. and had been worn by
her for the three years prior TO the
tim he order was made. and that each
OF the rings were purchased at a time
long prior to the time the defendant was
Incurred; that The said rings are worn
usually and customarily by the ladies
OF Wichita society and at entertainments
where it is the custom Of the defendant
4 CO. and that they We're used by her the
same as any other wearing apparel
Third That the probate court had no
right TO make any such ruling requiring
the defendant to deliver her rings to
Henry Schad. The defendant furthermore
declares that the rings were exempt as
wearing apparel as shown by the evil
dence In the case, and it was not with
IL the power Of the court to direct that
they be applied on a payment of the
debts Of the defendants.
Wherefore. the defendant asks that the
Ca against her for contempt be set
aside quashed and held for naught, and
that the defendant be discharged.
The plaintiff, by his attorney. objected
80 the motion on the grounds that they
had not received any notice Of the mo-
tion aud were not prepared with answer.
For these reasons the objection was sus-
tained.
The defendant then filed an answer to
the charge. in which she stated that the
tim the order was made for the rings
they were not in her possession. ',rt We're
IN the possession and in the control of
c Heath, who held a verbal cLattel
mortgage on the same, and held the rings
as security for the sum of $500 which had
been advanced 10y Heath to the defend
ant The answer also stated that the
SAID Heath took possession of the rings
from the residence of the defendant
where they had been left by her, and that
by virtue Of he verbal mortgage given to
Heath. the rings were not in the posses
sion OF the defendant or under her con-
trol
The defendant further stated that the
rings We're given TO her by her husband
and were worn by her as wearing apparel
continuously. the same as any other wear
ing apparel. and that the rings were
exempt as such and the court, therefore
had no right to issue an order to deliver
them 10 a receiver on any Indebtedness.
The defendant claimed that the evidence
II the case failed 10 show that the rings
wDra i'm her possession, and therefore,
had no right to punish her for contempt
or charge her with contempt
She therefore asks TO be discharged from
the accusation flied against her in this
cas-.
The case was then continued until nine
o'clock this morning at the request Of the
plaintiffs attorneys. that they might have
time 20 prepare answers for the new
material introduced 10y the defendant
ErSurr