Omaha daily bee., 1909-04-30
HART CASE FIRST OF KIND.
Attorney Declares Relatives Action
Unique.
FATHER FLAYED IN COURT
Asserted He seeks TO Have Himself
Awarded Damages ss Price of Hts
Daughters shRme'-ArEu-
ment Concluded.

The court has the privilege. II privi-
lege 1t be. OF hearing for the first time
in any court in the world, a case where a
father comes and seeks to have himself
awarded damages as the price of his
daughters shame
So spoke Attorney John NJ. Raglan OF
Hastings in arguing the Hart case before
County Judge Leslie yesterday. In sub
stance the lawyer contended that he who
aids in the violation of the law cannot
recover through the law and that In this
suit the legal axiom is involved that a
plaintiff must come into court with clean
hands.
Argument in the suit was concluded yes
tsrday, but the attorneys probably viii sub
NIT briefs because there are several ques-
tons Of law involved, and no decision will
be forthcoming from Judge Leslie for some
days as to whether the estate of Eva Hart
is entitled to recover from the estate of
Slueman SeWell.
j. c. Wharton did not argue the case
yesterday, his associate, B. G. Burban, re-
plying to Raglan and to Durham, also of
Hastings, the latter of whom devoted him
self to the law involved particularly as to
the first part OF the claim against the es-
tate. which is for 5000 for the death of
AlloS AldlA at SiutAldu , dIlA ID IL
Durham contended that when the death
of the slayer follows the death of the
other party there may be no recovery.
There are decisions on both sides.
Brother Knew of the Case.
At the morning session Byron Hart was
recalled to the stand. He was forced to
admit that he knew of the relations be-
tween Slueman and his sister.
tsnfd N,t, Lp,ur 81 tho raluftopa hatuaan
them?" asked Attorney Ragan.
wait! Waltz shouted ]. c. Wharton
and B. G.. Burbank, attorneys for the
claimants against the Sleuman estate. But
Hart had not waited ard his answer.
yes" went on the record, Judge Leslie
later sustaining the question.
Consequently" pursued Rsgan, when
you saw the sleuman auto in front of the
house that evening. you were not sur
prised?'
No" replied Hart.
Before Hart had been m again
to the stand Harry Timer, the police Of
ficer who was at the house the night OF
the double tragedy, gave evidence that
Hart did not appear excited or grived by
the tragedy"
Much Feeling by Attorneys.
Much feeling has been displayed by the
attorneys involved. Mr.. Wharton told
Judge Raglan that he was conducting a
farce" at ont time during Harris exami
nation and later, when Judge Wharton had
vociferated an objection, Judge Ragan re.
marked:
Say, Wharton, there is a sick man out
In Florence whom you" The rest wa,
lost.
Most of Harris testimony had to do will
the disposition of the property which Sleu.
man bought for Eva Hart and which hi
hewed and hacked in his wrath that nigh
while waiting for the girl to die. Hart ties.
titled that he had ordered the rugs, pic.
lures and other articles boxed and taker
to the basement OF the place where he
works, and that the worthless articles had
later been burned by his orders in the
furnace. Judge Ragan pressed him for ar
accounting of the disposition of each article
and much time was consumed over this
Hert wishing to rest with a general state.
ment and the attorney insisting on a speci-
fo answer, which Hart was not always
able to give.
Paul Beaton was an earlier witness, hav-
ing been called to testify as to the value
of the carpets. He declared that they had
deprecated about Is per cent in having
been used nine months and was cross-ex-
amined at length as to whether he would
sell a man a carpet used nine months for
so per cent OF the price of a new carpet.