The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-05-18
GOES TO The JURY
Mrs. Mills Damage Suit Against
Jeweler Is Finished.
WOman's Friends Tell of Iniur-
les She Suffered.
DENIES HE BIT HER.
Swearingen Says 1t Is All a
Mistake.
Wife COrrOborates His TestimO-
ny Concerning the Assault.

Clara. B. Mills $4,000 damage suit
against Frank w. Swearingen and wife
went to the jury in Judge Dana's court
at o'clock this afternoon. Each side
was allotted an hour for argument and
80 minutes occupied py the court IN It's
charge to the jury.
Not only is Mrs. Mills case burdened
with close legal questions, but the jury
must dispose of long list of Specl9I
questions propounded by the defense
and hew close to a line should it award
a verdict on either or both of the two
complaints in Mrs. Mills petition.
The prosecution rested its case late
Wednesday afternoon. Then the jury
was sent to the corridors while Otis
Hungate argued a demurrer to the evil
dence. His demurrer was overrule1
and both Swearingen and his wife were
called to the stand in their own behalf.
Swearingen denied that he had bitten
and kicked Mrs. Mills in his effort to
recover the ring box which she took
from a showcase in his store. He
claimed that he had been very careful
not to injure the rather frail little
plaintiff and that the tearing of her
clothes and scratches on her hands
were the merest accidents. Then
Swearingen made a big SideStep when
he stated that he never read the COM
plant that led to Mrs. Mills arrest and
trial in police court on a charge OF
told w. c. Ralston, city attorney, that
Mrs. Mills had taken a ring from the
showcase, that he recovered it and did
not wish to charge her with misde-
meanor.
says He Didn't Bite Her.
Did you ever bite Mrs. Mills
finger?" asked Hungate in his direct
examination.
Il certainly did not" responded the
witness.
Did you kick her?"
mo, SIR
Then Swearingen told the jury that
when he took hold of the womans
counter while Mrs. Mills was on the
opposite side of the showcase.
Mrs. Swearingen verified her hus-
bands testimony in almost every de-
tail. She was even a better witness
for the defense than her husband.
Did you see the encounter between
your husband and Mrs. Mills?" she was
asked.
Yes
Did you see all of it?''
Il think I did. I was very close tic
them almost all of the time"
Did your husband bite or kick Mrs
Mills?''
He did not ess
HAD he done. So, would you have
seen it?"
Il surely would
Tell just what your husband did,
He held Mrs. Mills hand and tried
to take the ring from her hand He
seemed to use only enough force to get
the ring and do not think he was try
ing to hurt her.
Tell of Mrs. Mills Injuries.
These statements were in direct con-
tradiction of the testimony offered by
the plaintiff. Numerous witnesses told
n ini, Eric, dc r
neighbors told the jury of her men
tai anguish and pain and humiliation.
Mrs. F. c. Adams told of seeing Mrs.
Mills shortly after the encounter in
the jewelry store. She said the wo-
mans hand was bleeding and that
finger. Another finger, the witness
said, was lacerated and had been
bleeding. Her clothing was torn, her
thumb was badly swollen from the
wrenching which Swearengin gave the
member and the injury seemed to
cause much pain. Mrs. Adams said
she walked a half block with Mrs.
Mills before the woman could control
her voice sufficient to tell of the trou-
bic
]. ]. schenck, former county attor-
ney, testified that when Mrs. Mills
signed a complaint in his office an
hour after the. trouble, that it was
necessary for her to hold her right
ndnQ with her lett IN Order to Write
her name. The signature was a vast
contrast with the woman's endorse
ment on the back of the Swearingen
check, which Mrs. Mills had signed 80
minutes before she visited the jewelry
store to inquire why the plaintiff
would not pay his garage bill.
Sewed Up Her Dress.
Ed McKeever and Marie Clark, his
stenographer, testified that the plain
tiff was crying and very hysterical
when she came to McKeever's office.
Her clothing was torn and her hand
was bleeding. Miss Clark also thought
that the woman complained of the
pain in her side at the time of her
visit Miss Clark sewed the torn
dress and Mrs. Mills, went to the coun-
ty attorneys office, where she asked
for a warrant for Swearingen's arrest.
McKeeyer denied that Mrs. Mills talk