Evening journal., 1909-01-16
ENDING LEKITES'
DAMAGE SUIT
Argument Before Jury Began
in Court This After
noon

At this mornings session OF General
Sessions Court l.. Irving Handy, counsel
for the plaintiff. in the damage case Of
Mrs. Emma c. Lektes of Glendale
against Harvey Coverdale for alleged as
sault and battery in connection with
prosecution on a charge OF obstructing
sidewalk, said he had received a tele-
gra from Wyoming stating that Witnesses
were on the way from Glendale to attend
court and asked permission to present his
prayers at this time and call his witnesses
later This was allowed.
lie asked the court to instruct the jury
to find for the plaintiff. unless the war
rant in the case should be held to be legal
He held the town constable had no right
to enter Mrs. Lekites house and de-
fendant had no right TO 80 to his assist
ance in making the arrest OF Mrs. Lekites.
He also held the paper upon which the
arrest was made was not a legal warrant
as II did not state what particular offense
was charged.
The attack made upon tho reputation OF
truth and veracity of Mrs. Lekites and
Samuel G. Fisher made in court yester-
day afternoon caused considerable talk
in Enendale when the news was carried
there by the witnesses in attendance in
Court
Shortly after 1880 o'clock a. m large
number Of witnesses reached the court
room from Ellendale. Mr.. Handy con-
ferred with them I'm the law library and
then proceeded 10 call them
John Clendaniel, Henry Loudly, I. T.
Paktr. John Mitchell and Mrs. Sarah A.
Warren all testified that the Mrs. Lekites
and Samuel G. Fisher had excellent repu-
tations for truth and veracity
John c. Watson +. +. Betz and r. j.
! Clendaniel were put on the stand to con-
tradict evidence presented by the defense
to show that views OF the street of El-
lendale could be seen from the church and
barber shop widows. An attempt was
made TO get Or. Lillian I.elites TO testify
| to alleged bruises on the body OF plaintiff
hut the court refused to admit the testi'
mony. Argument before the jury then
began.
George II. Macklin, the constable who
arrested Mrs Lekites testified yesterday
afternoon that he had not used any VOL
ence or seen any violence used by any
one else. He said he did not see. Cover
dale, the defendant. strike the plaintiff.
Harry W. Jester, secretary Of the Towr
Council Of Elendale. who assisted in max
ing the arrest. corroborated Constable
Macklin and denied that Mrs Lekites haS
said to him: "Oh Harry, you are break
ing my arm. please stop"
Harvey Coverdale. the defendant Il
nearly six feet tall and apparently weighi
200 pounds. Upon taking the stand he dc
nicd emphaticaly that he had used vicl
ence in making the arrest. The defens
sought TO show that Coverdaie, who is
rural mail carrier. earned but $40 I
month. but Mr.. Handy brought out tina
besides his salary Coverdale dealt in rea
estate.
Charles +. Whitney, postmaster OF I'll
lendale. and president Of Town Council
testified that he swore out the warrant 70
the arrest Of Mrs. Lekites He saw tn
arrest made as also did Gilbert Morgan
) Both testified they saw no violence used
Mrs. Cora Jester corroborated the testl
mony of the previous witnesses. Rache
Reed whom tho attorney for the plaintii
brought out was both a cousin Of Cover
dale and Jester and niece Of Magistrat
Reed. Mrs. Sallie Macklin whom tn
plaintiff brought out was the wife OF Con
stable Macklin, Samuel L. Reed brothe
OF the magistrate and cousin OF the de
= fendant all gave corroborative testimony