The Oskaloosa herald., 1907-11-07
IN THE DISTRICT COURT
Disposition Of Various Matters by
Judge and Jury.

all the evidence in the Hamilton Nc
Neill case would have been given and
the case argued in time to leave the
matter in the jury's hands today, but
more witnesses were subpoenaed b,t
both the plaintiff and the defendant,
and it will be some time next week
before the arguments are made.
Among the witnesses placed on the
stand yesterday by the plaintiff were
Jack l.. Milligan, NJ d. Gilchrist, H. S.
Howard, Sumner Hayes, Art Open
heimer, Fred True and DR.. B. G. Will
liams. All of the testimony was in
direct rebuttal of the defendants evi.
dence and in corroboration of the story
of the plaintiff.
About noon the plaintiff, v. E. Ham.
ilton, was placed on the stand and
his direct examination was continued
this morning. In his testimony he
went over the ground covered by his
former wife, step by step and in prac-
tically every instance made fiat de-
NAL of the statements she made re-
lating to her unpleasant situation at
home while living with Mr.. Hamilton.
In reference to the statement, sworn
to by Mrs. Mcneil, to the effect that
Mr. Hamilton had become angry at her
for refusing to do as he had asked
her in telling Miss Thornton to go
home, when she was visiting at the
Hamilton home in 1900, he said that
he did not ever say to his wife that
he did not enjoy, having Miss Thorn
ton at their home, or that he wished
her to leave, and he also denied that
he ever got in rage and kicked her
out of bed because she had not told
Miss Thornton she must leave, as was
claimed by Mrs. McNeill when on the
witness stand. He also denied having
ever made any uncomplimentary re-
marks about his wife's cooking at their
first meal after beginning housekeep-
ing, or that he had said to her that he
would never have begun housekeeping
if he had known that that was what
he was "up against" He emphatically
denied having ever struck his wife
with his open hand or closed fist, or
ever kicked or scratched her, or seized
her by the hair or arm as told in her
testimony. He said that he never
came home to her while in an
intoxicated condition and yomited
on the bed or floor or carpet
or anywhere else, as she had claimed.
When asked in regard to the statement
made by his former wife in regard to
his having dragged her through the
dining room, sitting room and kitchen,
he said There is not word of truth
in it." He said he had never cursed
her and never got in a rage at her.
In fact, his whole testimony has been
a complete denial of her accusations
OF his cruel and inhuman treatment.
No surrebuttal was offered by the
defense in the Hamilton-McNeill dam
age suit as had been anticipated and
the arguments were opened at 1880
Monday afternoon. John o. Malcolm
began the plea for the plaintiff, Verne
e. Hamilton, by reading the complete
pleadings which have been filed in the
case. He then opened his argument
with an eloquent plea for the home.
The law, he said, throws about mans
home a protection as it does to no
other class of property. The law
makes the home exempt from every
thing, even the collector of bad debts
or any man or action which would de-
stroy it's sanctity or blessedness. 1t
is for the breaking up of this home
that the counsel claimed his client de-
served the greatest judgment, He
asked for the $4,000 damages not for
the womans love alone, but as a pun
ishment for McNeill for his alleged
wrong and unlawful social intimacy
with Mrs. Hamilton and for the separa-
tion which, the plaintiff contends,
broke up the happiness and the rela-
tions of his home. Mr.. Malcolm next
took exception to the reference made
by Attorney McNett, in his opening
statement for the defense, relating to
the loose life of the average travelling
man. The counsel pleaded with able
arguments for the clean, upright life
OF his client, who was formerly trav-
He contended that it is
the clean and honest man with integ-
rity and high moral standard of living
who makes good in the business world
today, and from the fact that Mr.. Ham
ilton in thirty-two years of his life
has risen from his humble home at
Gardner, H., without any capital to
back him except his limited education