Evening journal., 1912-12-07
ALIENATION
SUIT NEAR
The JURY
Both Sides Close and Case
Will be Submitted on
Monday
LAWYERS IN TILT
TOWARD THE END

With the calling OF nine witnesses
in the suit for alleged alienation,
brought by Mrs. Ralph c. Lupton
against Mrs Gertrude NJ Underwood,
J. Frank Ball, counsel for the de-
fense closed his case In Superior
Court yesterday afternoon. Former
Judge Daniel o. Hastings, who, with
Richard $. Rodney represents the
plantiff. also closed their case late
In the afternoon. The jurors we're
discharged until Monday morning. and
] the case will be submitted 10 them at
that time.
When the trial was resumed, after
the noon recess yesterday. MIR. Ball
introduced a portion OF a letter writ
ten on November s. 1910, by Mrs.
Lupton. before her marriage to her
husband. Counsel for Mrs Lupton
objected. but were not sustained. The
portion of the letter read as follows:
'Wanca, tlo hope you viii take care
Of your ankle and side. | know they
are painful, and ! think the best thing
for Grille TO do is to care for Wanca
and keep him away from that mischief
maker at 90i' %
Further on the letter said. II have
been tempted at times TO tell you
what ] have heard, although you seem
TO have so much confidence In her.
Fred p. Fenton, treasurer OF the
Goshen Iron Company, with Offices in
the DUPONT Building, testified he had
been acquainted with Mrs Underwood
for six years, boarding az her home al
various times He invited Lupton there
on several occasions as his guest
Benjamin Foster a DUPONT Com
pany employe testified that he board
cd with Mrs. Underwood for two YEAR
and saw Lupton going into the house
Foster said he lived az the house frou
December, 1907. until November. 1906
and ono week in April OF this year.
Counsel Tor tho defendant then call
cd Charles II scott. who said he III
mot board at the house tetweun MARI
rs and July %. 1911, the dates botwce
which Lupion is alleged 10 have calleS
lie WAS excused.
J. r. Pennypacker. Of the Equitabl
, Guarantee and Trust Company. wa
called and said he had spent the win
ter months at the house for the pas
seven years. Ho had no recollection
Of seeing iupton there after his mar
riage MIR. Pennypacker was aske,
about the relationship Of Lupton an
q Mrs. Underwood when he did see Lup
/. ton there, but this was objected d
4 by counsel. and the objection wa
sustained. Former Chancellor Johi
- II. Nicholson was called as a witness
\ but he did not board or room al 1901
y between the dates of Lupton's mar
riage and the time of their separation
4 and was excused.
eI n. b. Underwood. twenty-three yea
q old son Of the defendant was calle,
{ to the witness stand and state,
1 that he was the person meant in
4 letter introduced by the plaintin. writ
y ten to Lupton by his moher. when sh'
e said IN left at l245 o'clock the nigh
before Easter In 1911 The younl
y man said he went South and whil'
e Lupton was at his mothers house a
4 his (the witness) invitation he lef
Z az IL o'clock The son said when hi
e left his mother was distressed be
s cause he could not spend Easter Will
], her. He further stated that six week
p latter he came here to see his mothe
3 about property deal in Roanoke
e County, Virginia. where he had beer
and that time he called Lupton OF
a the phone and invited him to hi
e mothers home
William NJ. Lupton, brother OF tn
plaintiffs husband, said he was Will
his brother twice when he called OF
Mrs. Underwood but he could not Il,
the dates although one time was no
, later then July 80, 1911 The visit
! he stated were a. his brothers sug
! gestions
Former Judge David T. Marvel OF
the witness stand was asked by Mr.
y Hastings II Mrs Lupton had not con
suited him following the separation
Z and If he had not told her he coulC
Continued ON Second naaa