The Montgomery advertiser., 1905-05-05
STOUTZ-GLASS CASE
CONTINUATION or THE HEARING
 AT MOBILE.
some Warm Language Passes Between Judge Browne and Attorney Pil- ians, Latter Excepting to
 Courts Remarks.


 Mobile, May A.
 Promptly at 9 o'clock the now cele-
 brated libel suit for s50,e00 by R. W
 Stoutz vs. Adam Glass and Robert L.. g. B. Browne presiding, was again
 taken up. the first witness, Plaintiff
 Stoutz being on the stand. On ad, l Journment yesterday afternoon counsel
 the direct hearing of the witness.
 Attorney Smith, for plaintiff, how ever. asked the court to be allowed to
 reopen the direct testimony and ob- lection was offered by the defense. Overruled and the plaintiff was asked | if he had not drawn up an answer to a tive to a copartnership between Glass, his son and son-in-law, Stamps. He | said he had and introduced same: also the proposition of Glass relative to the copartn ership and letters bearing on | the proposition and answer. l Counsel for the defense interposed | objection to introduction of any and all letters and documents in this matter as incompetent and immaterial The | objection was overruled and exceptions | filed. Attorney w. c. Fitts of counsel were verified by witness. Stoutz told | of his having written the counter proposition of Stamps to Glass's pro- | posal.
 | by Attorney Pillans in cross -examina- | tion and put through a rigid question: l ing, mainly as to the proceedings in | the Lodge of Perfection and of his oath | of obligation as a Scottish Rite Ma l son not to reveal its proceedings. Wit | ness said he understood his rights to be not to divulge secrets. but not when his personal rights were in jeopardy as | to character.
 | He related his early connections with | Mir. Glass and of his experience with MT. Glass saying he was willing to di- l vide property and go away. He recited | virtually what had been said yester- day with reference to MT. Glass's ac- | tions toward his wife and of contro- versies in regard to divorce. | court called Attorney Pillans and said | it would not tolerate delay in asking immateriai questions and termed such l proceedings as 'pettifogging. Coun- | sel excepted to the language and the court said he could except all he want" | ed to.
 Mir stoutz came off the stand at 11:4o
 Mrs. E. F. Pearson. sister of plain were put on the stand, and told of Mrs Glass being at Mrs. Stoutz's home. She remained there several days. Was not
 A. L. Gould testified to having at one time begun negotiations with Glass, and when the latter learned that Fitts st9ptE were the attorneys Tor nim Hons. T. M. stevens and D. P. Bestor were put on the stand as experts in fees for divorce proceeding. proura ,o Mir Pillans used in connection with the word "pettifogging" was:
 T want to say this much to the coun sel: We have ethics to prevent, and hope counsel will observe 1t, what seems to be downright attempt on his part to violate the obligations that | sir, that 1t Is incompetent, and think lawyers ought to observe the oath they take when admitted to practice, and l court. If you ask these questions, 1 will fine you for contempt of court. MT. Pillans-If your honor pleases-- The Court-You take your seat sir. Mir. Pillans-I have asked the ques- | tion and ask your honor to rule upon 1t. The Court will. certainly rule It out. You know that 1t is improper, and I am getting tired of this pettifogging business.
 MT. Piilans-Does your honor charge The Court--In this instance, do, sir: MT. Pillans-I except to your honor's charge and statement.
 The second rebuke of Judge Browne to Mir. Pillans was in reference to ap- plying his questions to Witness Stoutz as follows: "I insist that you observe it. You certainly studied law to some purpose sir and you know what your duties as an attorney are, and you can not trifie with the court. The court Is trying to get along with you, sir. and if it cannot. will enforce the law rig idly against you.
 Mir. Pilians-I except to your honors remarks in the presence of the jury.
 The Court-You can take as many ex- captions as you please. sir.
 MT. Pillans-And l except to that re-
 At 3:1O court reconvened and at torneys for the defense sought to in troduce the stenographic reports or the proceedings in the Lodge of Perfection, Scottish Rite Masons, as whole In evidence; the testimony of Glass and Stoutz; of Glass and that of Stoutz as by the court on objection of the plaintiffs ottorneys Mrs Adam Glass was then put on the stand by the de- fense. Her testimony in substance was
 Had summt ned StoItx :o her home to consult nd secure his ad Jice as to separation from her husband, but never asked for divorce proceedings, nor men tiored such proposition. Denied knowledge of bill for divorce or con tents of bill when she signed 1t. She denied in general the allegations in husband. Said that when she left for Tennessee her husband came in the train, kissed her, gave her money and cross examination, Mrs. Glass acknowl- edged the deposition produced which had been taken by Dr.. Harry, T; lnge for use In the hearing In the Lodge or
  various questions, all of which practi- cally sustained allegations made by plaintiff Stoutz as to her statements to him. These answers were opposite to her testimony on direct examination.
 William Glass. son of the defendant, was put on the stand. He said he was present during part of the time of the first interview of his mother with Stoutz. He denied that Mrs. Glass ever asked for divorce, but de- clared she said she wanted separation. He verified what his mother had said as to the parting with MT. Glass at the depot
 At 7:3o tonight court recessed until 10 o'clock tomorrow morning. It was learned tonight from an authoritative source that Mr. Stoutz immediately after the decision in proceedings, in the Lodge of Perfection. No 8. Scottish Council. The decision Is being held up, pending result of the present liti- gation
 In the Probate Court was to have been heard today the proceedings in the probating of the will of Mrs. Fanny Bammblatt, a Jewish lady recently de- ceased. The will was favorable to a daughter, Mrs. Rebecca Rosen of this city, and conveyed a considerable prop erty together with insurance. The of notice of contest by another daugh- ter. Mrs. Alice Lichtentag of New Or leans The allegation of the contest Is undue influence on the part of Mrs. Rosen.
 At the corner of Congress and St. Joseph Streets this morning was found