Evening journal., 1912-12-05

motive that actuated the bringing OF
this suit" he asked
The objection of Mr. Hastings was
overruled and an exception was noted
Mrs. Lupton, i'm reply 10 Mr.. Balls
question. said Mr.. Lupton repeatedly
told her he would be glad 10 get away
from Mrs. Underwood's house and she
told him repeatedly she would be glad
to help him to do so. This was done
after he worked on her feelings by
saying that they could have a happy
little home and she could assist him
in the office. She ioked with Mr.. Lup-
ton, but did not object to him sitting
on the Underwood porch. she testified
Mrs. Lupton added that the first letter
she took from her husbands pocket
was the one written in red ink All
of them were taken before June l. she
said She never asked Mr. Lupton for
an explanation at any time. She did
not take any OF the letters to her hus-
band and never requested Mrs. Under
wood to cease sending letters TO her
husband or entertaining him az her
house.
Her husband was angry in the
morning Mrs. Lupton testified and
that evening when she left her apart
ment her husband called on her and
asked her to 90 back TO him, she tes-
tilted. and she said she would pro-
vided they both would 20 away and
work where he would be away from
the influence of that woman" He
said he could not do it, This answer
was ordered stricken out
Did you take "A walk that Same
evening and did you not refuse to go
to your apartments with your hus-
band until you talked the matter over
with the folks at home Mrs Lupton
was asked. Mr. Hastings objected
and the objection was sustained
Mr. Ball then asked witness If she
ON August had received a letter
from her husband begging her 10
return to him.
Mr.. Hastings objected and the court
sustained the objection
Mrs. Lupton said she caused the
letter introduced earlier I'm the trial
10 be sent TO Mrs Underwood on
Tuesday This was the letter for
which the postman received a receipt
card Mrs. Lurton then left the stand
but was recalled and testified that
her husband is not related to Mrs
Underwood Mrs Lupton also said
she understood from reports that Mrs
Underwood is a widow
Former Judge David H. Marvel to
MIR Hastings said he knew MT and
Mrs. Lupton Mrs. Lupton having
been employed in his law Office for
about six years. Mr. Marvel said he
knew Mrs. Underwood when he saw
her and knew where she lives. Dur
ing the spring o. 1911 Mr. Marvel
said he had seen Mr. Lupton coming
from the Underwood house between
10 and ~ o'clock at night
In cross-eXamination tho witness
said he had seen Lupton coming out
of the yard Of the house.
William e. Hawkins who said he
lives opposite No 90l Delaware ave-
nue.. said he remembered when Mr..
aud Mrs Lupton we're married and
when they separated. was asked IL he
had ever seen Lupton going to or
coming from the Underwood house.
An objection was raised aud sustain
ed
Witness said he had seen Lupton
close the gate to the yard of the
Underwood house about II O'Clock at
night. He did not know personally that
Mrs. Underwood's husband was dead,
but knew il by common rumor He
said he believed her to be a widow
Thomas Davis. a member OF the bar.
testified in reply to questions by Mr.
Rodney that Mrs. Underwood's hus-
band died some years ago. Mr. Davis
lives at No. 9t2 Delaware avenue and
said he knew by rumor that the de-
, PENDANT is widow.
The mortgage offered heretofore to
identify Mrs. vnderwoods handwrit-
/ ing, was here offered TO show that she
was a widow at the time she signed
the PAPER Mr. Ball objected, there
upon tho exhibit was withdrawn. The
plaintiff thcp rested.
MIR, Ball at once moved for a nom
suit "ln order 10 sustain the allie
cations under the first Ave counts, GER
tain evidence was introduced, which
did not sustain the allegation Mr.
Ball said. and argument followed. As
the argument would probably occupy
an hour, the court excused the jury
until o'clock
Continuing his argument, Mr. Bal
maintained th1t the evidence pro-
duced had been insufficient to warrant
the jury In finding a verdict against
Mrs. Underwood
One other Letter.
One of the several letters alleged %
have been written by Mrs Underwood
20 Mr.. Lupton, put i'm evidence yes
terday is as follows:
Bless your heart your friends do
] los. AL
about YOU Mr. Nc from A. c. is In
town and stopping here win be here
, for a day or so. He said he was dis
appointed In the women. in fact they
were going TO show you a good time
while there. but when he called, saw
YOU and what you had. knew il WASH
your choice and asked me a few
, questions. | am loyal and wish
. you could have heard him. really
was surprised. I didn't think he woult
say or express himself but he di,
with a great big "E" He asked m,
when could he see you without see
ing her Now do be nice to him Tn,
face struck him as II did
, told him in the morning about nine
r he says he will be TO see YOU Wed
about that time, didn't know ! woul,
d write YOU I am always glad TO bl
r nice and do anything for your friends
2 When that wants TO cart you aroun,
with her kind don't so, hear? I wisl
you would say 10 il II il knew how
o. that bold face provoked your friends
/ IL would keep the mouth shut while
out with you. ! think more of Mr.
i Nc than ever, he certainly is YOU
s friend and not afraid TO express him
D self. Please be at your Office at So
and dnnL ask mo MhN can no