Evening journal., 1909-01-15
TOWN DEFENDS
WOMAN'S ARREST
Glendale Alderman SweaTS
Mrs. LekiteS Was Arrested
on Warrant
DENIES FORCE WAS USED

DLittAJ tVNO@ UitS OSND
At the session OF County Court this
morning the defense opened in the case in 1
which Mrs Emma c. Lekitcs seeks to re-
cover 5000 damages from Harvey Cover
dale for alleged n sault and battery and /
false imprisonment in outlining the case
before the jury Robert II. Richards, at
torney for the defense stated that tho
woman had been arrested on a warrant
charging her with violating a town ordi-
nance. the allegation being that of OBJ
structng a sidewalk
David H. Reed. Of Ellendale. pro-
duced commission which gave him
authority 10 act as alderman. lengthy
argument onsucd as to the admission OF
the ordinance under the provisions OF
which the warrant was issued. Mr. Handy
objected on the ground that il was not in
cluded I'm their pleading. Mr. Reed was
then withdrawn from the stand and Harry
w Jester was called
Mr. Jester IS secretary OF the Town
Council. Of Glendale. lie was shown the
minutes OF the council containing the
ordinances but Mr. Handy objected 10
their introduction in evidence claiming
that they were not ordinances of the
town. lie quoted the charter Of Glendale,
claiming that ordinances could be passed
only az four stated meetings In the year.
Charles lIillen.i member Of the Council.
claimed they had authority to pass ordi-
nRnces at other meetings. The court over
ruled Mr. Handy who took an exception.
Mr.. Reed was recalled and an attempt
ftsH
case. when Mr.. Handy objected. claiming
the suit should have instituted IN tho
name of the commissioners of Glendale
instead Of the town OF Glendale. but was
overruled.
The record OF the case was then ad-
mitted. Mr.. Reed declared Mrs. Lekitcs
was given q hearing and no force was
used in his office. He said the door Of the
office was not locked. lie stated that Mrs.
Leidtes refused to pay the fine imposed.
He said he offered TO lend her the money
TO pay her fine but Mrs. Lekites' daughter
said no. The warrant Of arrest was identi-
fed by Mr. Reed. There were only three
cases on Mr.. Reeds docket produced in
court and he declared those we're all ho
had had.
Alderman Reed on cross examination.
testified that Harry w. Jester and Har-
vey Coverdale testified when they came
in. lie said he swore both. Prior TO being
sworn Mr.. Jester told OF wood and
bricks still being on her sidewalk az in
ches high. Mr.. Reed did not remember
what thoy said after being sworn. Mr..
Handy attacked the warrant. claiming IL
charged no onense. Court then took re-
cess
ALldMONY IN DIVORCE CASE.
The divorce case OF William T.. Solloway
VS.. Iva Dell solloway was continued. IN
county court 20 tho March term. 500 ali
mony was allowed Mrs. soioway.
Robert Clehdaniel testified Yesterday
afternoon TO being a witness TO the ar
rest Of Mrs Lekites, and said he went
60 the magistrates office but was tola
the offonse was not bailabie. lie or
ferod TO pay her fine but his offer was
refused.
Mrs. Maud Clendaniel. sistor-in-la.
of the former Witness formerly OF Ell
lendale. but now or Dover, said she
saw Mrs. LclSites taken from her home
by force by Mcssrs. Macl5lin and Jes-
ter, and saw Coverdale at her back
evidently assisting the two men IN
taking her to the lookup. She declared
that she saw DR.. Lillian r. Lekites.
daughter Of the plaintiff go to her
mothers assistance. but was thrust
aside by Covordale Witnesses said
Mrs. Lekitcs was screaming as though
i'm pain.
Dr. Lillian r. Lekites. practicing
physician. daughter Of tho plaintiff. 10
telling Of tho arrest broke down and
sohbed. She said She and her mother
were seated at the breakfast table
when Constable Macklin entered. ana
told her mother she was under ar
rest. Or. Lelsites declared that she
asked what she was arrested for and
the constable said, "You know" Her
mother said she would not 60. He
then showed her a paper and said lie
would get some one 10 bring her to tho
Office He returned later with Cover
dale and Jester.
DR.. Lezites alleged that Macklin
struck her mother on the shoulder and
said. "Come with me-" and that. Jester
and Macklin grabbed and forced her
from tho chair. She said she placed
her arms about her mothers waist,
but was torn away by Coverdale. who
threw her over a chair. Coverdale.
she said. then placed his hand on her
mothers neck and in this manner was
dragging her to the street. Coverdale
punching her repeatedly. She claimed
her mother was not told the charge at
the magistrates Office but was simply
told to pay SO and costs or go to jail
The mother went to Jail at George
town.
Mrs. Emma c. Lekites, the plaintiff,
declared the rough handling had seri-
ously affected her right arm and it
was rendered useless for while and
even now is not in as good condition
as before the occurrence. She sobbed
bitterly when asked if she suffered
any humiliation through her arrest.