Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1912-12-06

or everything thing NothinQ
makes any difference to me il you
love me.
"wANcA."
Mrs. Underwood on Stand.
Mrs. Gertrude NJ. Underwood. tho
defendant was called to the stand.
She testified she had lived at No 9O1
Delaware avenue for about eleven
years and has been a widow for about
that time. She has known Ralph c.
Lupton for seven OF eight years.
clear up TO the time OF his marriage
she said. and felt towards him az
she would a brother She never mot
Mrs Lupton and never had bad feel-
ings against or a quarrel with Mrs.
Lupton. Mrs. Underwood said that
Mr. Lupton. greatly distressed came
to her on the Thursday following his
wedding trip. She feared he would
do something desperate.
Mrs Underwood, you we're I'm court
when certain letters we're introduced
You saw them, did you write those
letters Mr.. Ball asked
IL did" she replied
Did you write for the purpose 70
counsel, induce or persuade Ralph C.
Lupton to leave his wife, asked Mr..
Ball.
MIR. Hastings objected to Mrs TN
derwood explaining why she wrote
those letters n this testimony be
introduced II must be in n restrictive
sense, he argued.
Mr. Bali argued he had the right
10 negative the allegations Mr.. Hast
ings contended that could not ho
done at bar
The only ground upon which the
defendant could testify Is In mitigation
Of damages and not in bar OF this ac-
ton, Mr.. Hastings argued
The court asked counsel II they had
any law and Mr. Hastings and Mr.
Rodney replied in the affirmative and
quoted authorities
Mr. Ball during the argument ask
ed Mr.. Hastings TO take the stand az
a witness and he refused.
The court sustained Mr.. Hastings 10
his contention. Mr. Ball changed his
question. slightly and Mr. RDdRey Oh.
/. jecfod 10 IL but the court overruleo
The objection Mrs. Underwood an
swered that she had written tho let
tors out OF sympathy and friendship
for Mr.. Lupton.
Mr.. Ball asked her II she had any
other motive except sympathy and
r friendship. She replied 81 did not"
! Long Cross-Examinat.on.
Mr. Hastings then took the witness
for ross-examination. For more than
two hours he question her about state
ments in the letters and other points
OF her testimony. she testified that
she did not know Mrs Lupton on
April z, when she wrote the letter
, OF that date to Mr.. Lupton.
"Did you know her when you wrote,
two lives are TO be wrecked for one, -
1 asked Mr. Hastings The witness an
swered. that she referred 10 MT Lup-
toms life and her own. and said that
, anything that hurt her friends hurt
+ her
In answer to Mr. Hastings ques-
! ton OF what did you mean by the
words. When that wants TO cart YOU
around the witness answered, Mrs.
, Lupton."
n Mrs. Underwood said that her rea-
son for not wanting him to go around
, with that was because she did not
e want him distressed
! when did you find out that he was
/ distressed?" asked Mr. Hastings.
| When he came 10 my house. re-
/ piled the witness, he said, I have
r undertaken a life which cannot en-
Z dure. ! am going to blow my brains
J out. I told him that he was going To
do nothing Of the kind, that he must
e brave up and be man"
4 Mrs. Underwood testified that her
Z reason for not signing her name "a
! letters was because OF Mr.. Lupton 3
/ mental condition and she was afraid
= that the letters might fall into other
' hands and be misconstrued She
I told how Mr.. Lupton had complained
v OF the food saying. 1T was not Mt
5 for a dog" She then invited him "a
her house, but she stated on the stand
q that there would have been enough
!. food for Mr.. and Mrs. Lupton II they
had wanted It,
e Mrs. Underwood repeatedly averred
o that she had no desire to separate the
s Contind51 on Second Page.