Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-09-12
AMdavit by Attorney.

Lawyer Birney in an affidavit attached
to an objection to the retaking of the
testimony at the same place, declared
that DIR. Hurd placed himself between
Mrs. Cramer and her counsel on the
one side and the witness on the other
The position, II is averred. was such as
to partly obstruct counsefs view OF the
witness and wholly to obstruct Mrs.
Cramer's view and the witnesss view Of
tained the position for four hours through
out the taking of the testimony and
over the objections of the affiant.
Dr. Hurd stood looking into the face of
the witness, it is charged, and within five
or six feet of him, "endeavoring appar-
able"
The elder Hurd was In bed when the
testimony was taken and Mr.. Birney
swears that when Mrs. Cramer entered the
room, and, with outstretched hand, ad-
vanced to speak to him. she was assaulted
by DIR. Hurd. He declares the physician
seized Mrs. Cramer with violence by the
left arm and right side. and pushed her
stead on which the witness was resting.
Suffered From Bruises.
Mrs. Cramer. according to Mr.. Birney.
suffered for many days from the bruises
Quite a different version of the arrival
Of Mrs. Cramer in the sick room and of
the alleged assault on her is given in a
sworn statement read to the court by
Attorney Richard A Ford. representing
DIR. Hurd conservator Of his grand
fathers estate and plaintiff In the suit
against Mrs. Cramer.
n theatric scene was attempted to be
enacted by Mrs. Cramer. according to
Attorney Ford, who swears that she
rushed into the room, and. advancing
quickly to the bedside placed her hands
on the breast Of the sick. old man, ex-
claiming: Oh. Mr.. Hurd, Mr.. Hurd,
you at last! This is Laurie. here l am. .
DR.. Hurd merely removed her from
the bedside, according to his counsel s
account, using no more force than nee
essary.
Again. he alleges. Mrs. Cramer at
tempted to get to the bedside, but was
prevented.
Counter charges of attempted in
fiuence Of the testimony are made by
Attorney Ford, who swears that on sew
eral occasions in an audible whisper
Mrs. Cramer remarked in comment on
certain answers Of the witness. "Oh,
no." and Its a lie.' with other ex-
carnations OF similar import.
Admits Standing by Bed.
he ADMITS DT f1uEQ StoOu dl the Ioot
of the bed between the witness and
Mrs. Cramer. but only because Of the
conduct Of the defendant and .'her fla
grant attempt to influence the testimony
Of the witness" But no such attempt,
he AYERS. was made by DR.. Hurd, as
far as he was able to see.
The hearing this morning was on a
motion to retake the testimony, and after
the affidavits had been read Justice Bar
nard declined to order a retaking, and Ii
is probable the deposition filed last month
will make a part of the record in the
case unless the elder Hurd recovers suf-
ficiently, when the case Is reached, to
come to Washington
Counsel for Mrs Cramer. Attorneys A.
A. Birney and w. E. Lester. did not OPP
pose the retaking of the deposition. but
strongly objected to being required to
go to Whallonsburg, N. Y. where the
former deposition was given. Counsel
also complained Of alleged lack of cour-
tesy extended to Attorney Birney, as well
as to his client. Mrs. Cramer.