The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-05-17
SAYS He BIT Her.
Mrs. Clara Mills Tells Story on
Stand.
Says That JeWeler SWearingen
Hurt Her Badly.
FUSS OVER A BILL.
Man Had Stopped Payment on a
Check He Gave Her.
She Is Asking Court for Ten
Thousand Dollars Damages.

Because she claims to have been at
tackled and beaten and later malicious
ly prosecuted for the theft OF STU
opal ring, Mrs. Clara B. Mills Is ask
ing jury in Judge Dana's court TO
give her a $4,000 judgment against
Frank B. Swearingen, Kansas ave
nue. jeweler, and his wife. Mrs Mills
wants $4,000 for assault and battery
and an additional $1,000 for malicious
prosecution.
The purchase of a ring by Mrs
Mills husband at the SWearlngeh
store Swearingen's 1920 Dill at the
Mills garage and protested cneck al
a Topeka bank started the trouple'
Then Mrs. Mills went to the JeWelry
store, where she claims she was beat
en- and kicked and ten days later
Inundated by prosecution LOT al
legged theft of a ring from the store
Evidence offered today by the PLAIN
tiff is of a highly decorated nature anu
the possible zeal of a long string OF
witnesses is burdening the record with
q yolley of objections from the de-
Tense. At intervals today Mrs. Mills
wept copiously. With her race purleu
in a handkerchief the rather pent-up,
excitable little plaintiff BEGGED GUS
Hungate to temper his grtlling cross
examination. She was bit dlsap-
pointed when the court would not per
NIT her to compare the DEFENDANT with
some wild animal. Then there were
conclusions that Mrs. Mills d1snked TO
see removed from the records, but her
two hours on the witness stand seemed
fairly successful.
In her preliminary testimony Mrs.
Mills told of the attempt on her part
to collect a 1920 garage bill at the
Swearingen store. She was informed
that Mills had bought ring at the
store and an agreement was reached
TO cancel the two bills. Later it was
agreed to return the ring by paying
for possible damages in the two weeks
it was in her husbands possession.
Miss Sipes, a clerk, went to the Mills
home with a check for $500, gave 1t
to the plaintiff and received the ring.
When Mrs. Mills went to the bank 30
minutes later, the check was protest.
ed Swearingen had stopped payment.
The little woman denied she was an
cry but admitted that she was highly
what did you do after leaving the
bank?'' asked T. F. Dcran for the
plaintiff
ST walked up Kansas avenue and as
I passed the jewelry store, L saw Mr..
Swearingen at a counter"
Ibid you enter the stcre?"
1T did"
"Tell what happened"
at asked Mr.. Swearingen why he
had stopped payment on the check
and he said because he wanted to.
asked him if he intended to pay the
bill and he said he die not. Then l
saw a box on the counter and picked
it up. 1 thought it contained Mr..
Mills ring and 1 told Mr.. Swearingen
that since he wouldn't honor the
check, I would take the ring l will
never forget the expression on his
face. If I had been attacked by an
animal"
But Mrs Mills got no further with
the wild animal comparison. Otis
Hungate objected and Judge Dana
deftly withdrew the remark from the
jury. The witness tried again, only to
be sidetracked. 81 am going to OBJ
ject right now to this display of fire.
works." declared Hungate, and Doran
insisted the plaintiff was being shorn
of her privileges. Tears were begin
ming to trickle down Mrs. Mills face
and she seemed unable to understand
what the trouble was all about 1t was
several minutes before she got another
good start.
Tells of Her Injuries.
81 want you to tell just what was said
and dOne,'' said Doran.
well, Mr.. Swearengin caught both
my hands in his. He jerked me against
the counter and pinched and twisted
my hand and thumb in an effort TO get
the box. Mrs. Swearengin started sew
eral times to telephone the police. I
begged her to do 1t. But Mr.. Swearen-
gin told her to come help him. Once
Mrs. Swearengin screamed, oh, Frank.
you will break her thumb and he said,
L don't give id if I do II was
then / saw two women looking in the
window 1 screamed to them, but they
didn't come in. Just then Mrs Swear
engin again rushed to the telephone