Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1912-12-05
ALIENATION
CASE GOES ON;
NO NON-SUIT
Court Denies Motion Of COun-
sci for Mrs. Underwood TO
Take Case From the Jury
MRS. LUPTON TESTIFIES;
DEFENSE THIS AFTERNOON

seldom has the county court room
contained such an Interested crowd
OF spectators as that yesterday and
today to hear the testimony in the
action brought by Mrs. Sadie Cour-
fon Lupton against Mrs Gertrude NJ
Underwood, to try to recover $4,000
for alleged alienation OF the affections
cl her husband, Ralph c. Lupton
Daniel o. Hastings and Richard S
Rodney represent the plaintiff, and
Frank BAN is counsel for Mrs I'M
dcrwood widow who conducts a
loarding house At No 901 Delaware
gtenuc. Among those in court this
mcrning were three women
AT tic close Of the plaintiffs side
60 noon. Mr.. BAH moved for a non
suit but the court refused to grant
d and the defense will open this af-
lein0On.
Mrs. Lupton was the first witness
yesterday afternoon aud was on the
stand until court adjourned She
testified that she and Ralph Lup-
ton. the real estate broker. were mar
ried on March rs. 1911. by the Rev
Alexander Alison. Ir.. pastor of West
Presbyterian Church. They went to
Atlantic City the same afternoon He
treated her very kindly and upon re-
turn to Wilmington they stayed at
her fathers home. she said. On Mon
day they went shopping and pur-
chased furniture for their apartments.
They moved in on Tuesday. They have
not lived together since July %, 1911,
as man and Wife, she testified.
Mrs. Lupton testified to living in an.
apartment. Her husband was in the
real estate and insurance business At
No 205 West Ninth street. Between
March 2S and April 10 Mrs. Inpton
assisted her husband at tho office, She
Testified They had bceh married
iaat8uf weeks when ono morning she
found her husband talking to Nat
Underwood. son Of Mrs. Underwood.
the defendant Mr. Lupton remained
Gcry blue all day and he said he want
ed no lunch. she testified. They had
their dinner at a boarding house. Az
ter dinner they went to the office. He
remained in such a mood that he
read and paid no attention to her
Mrs. Lupton said she told her hus-
band she did not mind going to mar
ket Her husband said: THAT is
the trouble. you are too bold and
everyone says you are bold He
took her to the apartments and he
went out and did not return until be-
tween 10 and o'clock on Easter Sun
day morning, Mrs. Lupton continued.
The furniture and clothes belonging
to Lupton had not been taken to their
new home. He had bundle of collars
and he said he had been out at "90i.'
the defendants home. They made up
and we're very agreeable all that
day
When she returned from Philadel-
phia on April 19 her husband told her
she had missed meeting a friend Mr..
McCorkle, of Atlantic City He said
they had lunch at 1901" and plain
tiff told him that was not nice, as she
could not go there. few days later
letter came for her husband. Mrs.
Lupton said. in the defendants hand
writing When he was asked what
Mrs. Underwood had to say Mrs Lup-
ton testified that he replied: Mrs.
Underwood does not like you and you
do not like her. so you should not
ask about it,
Mrs. Lupton testified that during the
day she worried and cried about the
affair few nights later her hus-
band went out and did not return
until late. she continued He was
angry and told her he did not want
10 have any d. woman, even II il
be his wife. chasing after him
Then she told him that the other
woman was trying to separate them
He replied in a manner that hurt
her. she said On April 81. he was
going to Mrs. Underwood's with 2
check for $40 in settlement He die
not return until after midnight anc
she did not like the treatment HI
told her he met Judge Marvel and
talked with him. she testified. Abou
June he went out and whom he re
turned he would not talk to her. The
same occurred on Friday ana Satur
CoutinnsH on Second Page