The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1914-06-24
Court Declined to Order a
Verdict for Defense i'm
Holman Case
MRS. HEMINGWAY
DID NOT TESTIFY
Sensational Hartford Conspiracy Suit
Drawing to Close-Lack of Jurisdict-
ion Prevented Dr.. Lawton Being
Made Defendant. Lawyer Says.
Especial sq The Reformer)

Made Defendant, Lawyer Says.
Especial 10 The Reformer.)
HARTFoRn, Conn, june "A.
The taking ofItestimony IN the $4,000 |
conspiracy suit brought by Mrs Elizabeth |
Curtis Holman against her former hus-
band Rev CIanston Brentou DR. Paul
/ Waterman and Dr. o. G. Smith. before
Judge Edwin ). Thomas in the United
States district court, has been concluded.
and yesterday the counsel, after 13 days
Of nerve-racllng examination presented
| arguments on motion to direct a verdict
for the defense, the arguments being made
TO the Judge, the iury being excused for
the time being. Ralph o. Wells, William
fH Leete and Walter < Schultz spoke for
the defendants and David Z Fitzgerald
for the plaintiff Judge Thomas consid-
cred ms decision from 3 30 O'Clock until
10. and then adjourned the court until
this morning at 1870 o'clock
Declines to Order Verdict
I When court convened this morning
Judge Thomas announced that he would
not direct verdict and arguments be-
fore the jury were begun. which will
loccupy the entire day perhaps more
The largest throng OF spectators of the
trial was on hand yesterday morning when
the trial was opened The crowd began
TO collect at 10 - O'Clock, and when the
doors of the courtroom We're finally
opened at II o'clock. following the cham
bers session, there was a general stampede
fer the choice seats. The expected testi-
mony of Grace Hemingway az New Haven
was not admitted by Judge Thomas
Mir Fitzgerald declared IN the course
of his argument, that if he had had
Or. T. Lawton. superintendent Of the
I}rattleboro Retreat for the insane in
this jurisdiction. he would have made him
a co-defendant in the action.
Judge Thomas and counsel went into
| chambers at 1890 o'clock Yesterday morn
ing and remained IN private session for
one hour. arguing the admissibillty of tes-
i timony Of Grace Hemingway, witness for
the plaintiff. At the conclusion OF the
conference, court was opened and Judge
Thomas announced that all previous testi-
mony of this woman to be stricken
5 from the record Miss Hemingway was in
|, the court room. ready Co be called.
Verdict for Brenton Asked
4 The jury was dismissed and Mr. Wells
II fled motion to direct a verdict for the
; defendant, Brenton Mr. Wellss argu
e ment before the court took up two hours
Counsel here INDUCED IN a definition OF
false Imprisonment. Imprisonment by
misunderstanding. he said, does not con
stitute false Imprisonment
Even if the plaintiff was scared into
going to the Brattleboro Retreat by tho
II statement that she would be committed
otherwise. il would not constitute false
imprisonment.
le Mr. Wells said there must be durcss il
n such confinement Inducement or temp
ftri ~. H.. \
n not constitute duress. Fraud, or misrep
9 resentations would be likewise immateria
1t where this charge IS made. And there wa
no claim or evidence that actual violence
st was employed The plaintiff. herself. tes
n titled to this, he said. Mrs Holman's ties
timony was quoted by Mr. Wells. includ
g ing that part in which she said II re
of fuse to 90 away at all
She said that DIR. Waterman replied
Now, Mrs. Brenton, don't You think tn
odds are all against ycu? We have al
automobile, three men and nurse.
don't want to force you. but we deter
y mined that you viii go.
Whereat Mrs Brenton said she an
sewerd The odds are rather agains
,c me and | am at your mercy, but if you d
go this it will not be with impunity'
lie ''The reasonable person would assume,
ia went on Mr. Wells, that DR. Waterma
he meant by being determined she would G
nd to the Brattleboro Retreat. that legs
er steps for commitment would be taken
ia she did not go voluntarily"
oi 'sShe Threw Down Challenge
Mr. Fitzgerald arguing for Mrs. Ho
man, contrasted the testimony given b
her as to the interview Of September
IS and that given by the defendants, shown
that it was conflicting and that it wa
for the jury to decide which was tellin
ng the truth, not the Judge
Regarding the threats, Mr.. FitZgeral
said: eff you do this she said, 'yo
a will not do so with impunity She the
E. threw down the challenge. 1t was d.
of fiance as to her rights No, they didn
di place hands on her, but they did do jus
cts as much That means to carry out I'll
MS, arrangements and the threats were ther
The opportunity was present and all thS
was necessary was the inclination, an
they had both, if it please your honor
Mr. Fitzgerald also brought out the sta
in the Retreat, saying that DIR. Lawto
said Mrs Brenton couldn't get ont, al
ent that, if she attempted to, he would noti
her friends. "Why was she to be kel
there? Why, it IS but history Mar
ne and many poor unfortunate, as sane
ar she, has been sent to those madhouse
OF never to see the light of day again. VIII
lwere the motives:"