The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1908-01-22


pie were in the court room, attracted
by the Mullins case. Upon taking
the bench Judge Kaufman remarked
that he was going to finish both
cases II 1t took till twelve o'clock
that night to do so, and then the
lawyer went at it hammer and tongs.
The case of ellison VS.. Cascade Lum-
Co. was first called. This case in
wolves the right of the Lumber Co.
to maintain a dam on the Yakima
river just above Selah station to
hold logs. Judge Rigg opened for
the Lumber Co. and was followed
by H. J. Snively for ellison. At
eleven o'clock Mr.. Snively conclud-
ed and the court took the matter
under advisement. Later the court
permitted the Lumber Co. to use
their dam till February Z, upon it
putting up a bond in the sum of ten
thousand dollars at that time. Judge
Kaufman will hear the evidence
and decide finally whether the dam
as now constructed can be further
used.
The Judge then called the case OF
Mullins VS.. Mullins, and there was at
once a renewed interest on the part
of the spectators; all the parties
were present. The plaintiff, who is
very comely and lady-like appear
ing young woman of 25 years of age,
was accompanied by her mother,
Mrs. Anderson, of Minneapolis. The
defendant was alone; his brother
Frank was a spectator part of the
time bue his father and mother were
absent. Mrs. Mullins, the plaintiff,
was the first witness, and she quietly
and with much self possession gave
an account of her treatment at the
hands Of the defendant. Several
times she was moved to tears. She
told of defendant cursing her the
morning after her baby was born
and of him throwing her violently
on the bed during her convalescencc
and telling her while still confined
to bed that they must quit and call
ing her Cd ID Swede" and
"cur," ETC., and while she was still
IN bed from her confinement he told
her he was going out automobile rid
ing with two "swell' girls, and Of
him bringing the clothing of ar
other woman to her room and re-
curing her TO keep them; she also
told of him tormenting her with
stories of his gambling and of his
disposition. Just before her con-
fnement, and while she was sick
and she told of an occurrence just
iefore her confinement when the de-
PENDANT and his father, Patrick Null
Inns, were going to fight in her pres
ence over defendants failure TO ac-
count to his father for the proceeds
of the bar. This excited her so mucn
that she was almost thrown into con.
WILSON'S. Mrs. Mullins testimony
showed great suffering upon her
part under most trying conditions
and number of ladies present
showed their sympathy with the
young plaintiff by adding their tears
10 hers. Mrs. Mullins was corrob.
GRATED by her mother and by Mrs.
Farnsworth, the nurse who attended
Mrs. Mullins during her confine-
ment. This latter witness proved in
deed to be a most powerful witness
for the plaintiff, and If John R. Null
Inns attorneys ever had any hope
OF winning his case 1t was dissipated
by the testimony Of this witness.
Mrs. Farnsworth had very pleas
ing and attractive personally, cou-
Fled with most frank and convinc-
ing demeanor. She said that she
attended plaintiff during her con-
finement for ten days and that at
least once day during that time
defendant, John r. Mullins, came
to his wifes room and qaarreled
with her while she was in her sick
bed, leaving her crying and in a
state of physical collapse and ex-
haustion when he went out. he was
always gruff in his demeanor to-
wards his wife and never noticed
the baby. and showed marked signs
of dissipation frequently.
The defense had a number of wit
nesses. among them being some of
the leading society ladies of the city.
Mrs. George Donald was the only
enc of them, however who was put
on the witness stand. and she mere
ly testified to having called once on
Ilaintiff at the Hotel Washington,
and found her occupying comforta
bile quarters. Mr.. Snively did not
cross examine Mrs. Donald. Murray
Miles testified about the comfort of