Evening journal., 1912-12-05
Counsel For Mrs. Underwood
sH4 Asks Court For Non-Suif

pocket
1t was after April 10 when she
took the first letter from her hus-
bands pocket she testified. She had
been I'm n very nervous state, and
when she saw the letter in his coat
pocket she took it, She was afraid TO
admit that she took the letter, as she
feared he would kin her. He showed
much temper and used threats, she
testified He said that he tried TO
make the home happy, but 1t was
failure He told her to get a lawyer
and fix everything up. because there
was no use of trying it any more, she
told the jury.
When she returned from an auto
ride with her brother he talked about
getting a lawyer to get everything
fixed up. Mrs. Lupton continued. Next
morning she asked him If he was
angry and he said: Il can't be angry
with YOU They talked about the let
ters and about the defendant and
the witness said il that woman sepa-
rated them she Mrs. Lupton), would
let the people know who did IL. lt
was on July 25 that he tried to fnd
out about the letters. He packed his
suit case and she was crying and
when he went to get his hat she told
him she took the letters
She testified that he said he knew
she took the letters and asked for
them so he could burn them
Mrs. Lupton testified that she and
Mrs Underwood had each given q
necktie pin to MIR Lupton and ne
invariably wore the pin given by Mrs.
Underwood Mrs. Lupton TESTIFIED
that she went to the Office and saw
her husband wearing Mrs Under
woods gift pin She told him then
that if he did not wear what she
gave him she would not wear what
he gave her she testified. and took
Off the wedding ring He told her
TO 20 then and gave her q little box
that was In the safe She told him
AT the Office she would kiss him good
hyc at their apartments, Mrs. Lupton
testified That evening he told her
that she should go straight home TO
her father That was on July ~,
1911 They have not lived together
since that time, she said
II required an hour for the plain
tit to testify and then ]. Frank Ball,
for Mrs Underwood took up the
cross-cNamination Mrs. Lupton tos-
tifiod sho had known Mr.. LuptOn for
twelve years and was engaged TO him
for Eve or six years She had seen
checks given by Mrs. Underwood 90
Iupton to pay her taxes and inter-
est Mr.. Lupton had shown her
notes written by Mrs Underwood
when they were IN Atlantic City on
their honeymoon lie told her that
he was afraid Mrs, Underwood, would
take il very hard when she found
out they were married and Mrs. Lup-
ton told her husband he should have
told her In time about the approach
ing wedding
I'm cross-examinatlon Mrs. Lupton
admitted that she was often cross
With her husband q at times nag
acd him and jumped at conclusions.
Mr. Ball brought out that on one oc-
q rasion when Mrs Lupton desired TO
talk over the telephone TO her hus-
band at his office. but finding both
phones busy Immediately jumped at
the conclusion that her husband was
talking TO Mrs Underwood over one
of the telephones. She went 10 the
office TO demand an explanation, but
finding her husband with his brother
waited until she found him alone
before asking him what he meant by
his actions, thereby starting another
fuss.
Mrs. I.upton testified that she and
her husband had made up several
times but that she could never trust
him although he might have trusted
her
Mr.. Ball asked the witness Il she
called this a making up, she replied
that II was a kind of making up
MIR Ball asked the witness IL she
and her husband did not get together
SO that she could sue Mrs, Under
wood and get at least $1,000 out OF
her Mir Hastings objected and was
ovcrrulcd aud Mrs. Lrnton answered
that she had never thought of such a
thing
Talk Of Mrs. Lupton's Letters.
Mr. Bah attempted 10 introduce M
oyidonce during the cross-oNamination
some letters alleged TO have heon writ
ten by the now Mrs lMpion TO Mr.
Iupton prior 10 their marriage, but
the court sustained the objection OF
counsel for Mrs Lupton that II was
not a proper time for the Offering o
such letters which should he offered
as part of the defense. Tho letters
were marked for Identification, how
ever
Mrs. Lupton Again Tcstilies.
Mrs Lupton was on the stand agaii
this morning. when Court resumed
and was put through cross-eNamlna
tion by Mr. Ball
In answer 10 Mr. Ball, she testified
that when she had an interview Will
her husband aud he told her TO &c
out. she told him that If Mrs. Under
wood separated them she would let tn
public know who did so.
"Hc was jealous OF me- said Mrs
l.upton. IF any one spoke to me a
the dinner table
Mr. Hastings objected to a question
as to the conclusions drawn by thu
witness as TO a row at the Office owe
Mr. Lupton wearing a pin given hin
by Mrs Underwood The court allow
cd the question Mrs. Lunton salt
that when she spoke about the pin
her husband replied You have no
given me those letters and she ans
wered 81 do not intend to give then
10 you" Mr.. Lupton then ordered he
to 60 she testified.
did you say during tho converse
ton that the letters were not i'm you
possession In whose possession wcr
those letters al the time?" asked MI
Ball
Mr. Hasing objected Tho obiec
ton was sustained and an exception
WAS noted.
Mrs. Lupion testified that she knc'
Iupton lived ;t Mrs Underwood
house for seven years previous {
their MARRIAGE