Daily capital journal. (Salem, Oregon) 1903-1919, 1914-01-24
Judge Galloway Refuses to
Admit Testimony in Re-
gard to Baptism.
DEFENDANT SAYS
HE PROTECTED SELF
Kennedy Insists 1t Was Neces-
sary to Use Force When
Wife Was Violent.

Sensations thick and fast were sprung
this morning after Judge Galloway
called the court to order in the city
council chambers, and instructed the
attorneys in the divorce case of Mrs.
Thomas N. Kennedy against Thomas N.
Kennedy to continue the hearing of
testimony. The case was started yes
terday afternoon and testimony was
taken up until o'clock, when the court
adjourned
Mrs, Kennedy is seeking separation
on the grounds of cruel and inhuman
treatment. Shortly after filing her
complaint, however, Mr. Kennedy in
terposed cross complaint asking for
the divorce, on the grounds Of deser-
tion, and he also asks the custody of
the minor child as the issue Of the mar
riage. The case is being tried out on
the original complaint, and the real
contest is over the right to property,
alleged to be held by both parties and
the custody of the child.
Courts Ire Aroused.
The defendant took the stand this
morning, and when he was asked by his
attorney to relate what happened and
what his feelings were when the plain
tiff's mother.in-law took possession of
his child and had it baptized by min
lister of q Protestant church in Silv-
verton announced emphatically that
there would be no religious matter in
!ected into the evidence.
Attorney Brown, in order to CLEAN
further testimony from the witness,
asked him another question concerning
the religious phase Of the affair be-
tween the mother-in-law and defend
ant, but Judge Galloway again threw
cold water on the move. He said;
"Mr. Brown, if you do not desire to
prejudice this case in this court against
your client, You must leave out the re-
ligious question entirely The supreme
court may see fit to handle that ques-
tion, but it will not be given consid-
Grafton in this court.
During the remainder Of the hearing
mention Of religious beliefs said to be
existing in the minds Of the parties to
the suit were eliminated.
Alleges Assault.
Mr.. Kennedy testified that his wife
often flew into RACES, and at one time
she rushed at him and attempted ia
scratch his face and pull his hair. II
was during one of the violent stages
he said, that he was compelled to throw
his wife on the floor in order to pro
tect himself. He denied having
knocked the plaintiff down, or that he
mistreated her in any manner.
Going home one night, testified Ken
nedy, he found his wife standing il
the center Of room holding revolv
er in her hand. He said he took the gur
away from her, and tho mother-in-lav
took a hand and the upshot Of the af
fair was he was ordered out Of th
house, and told he would be shot II h
attempted to return by the plaintiff
mother
Admits He Played Cards
Kennedy further testified that hi
wife would go through his pockets an,
take ont large sums Of money. He sal
that his wife would leave her baby wit
the mother-in.law while she (Mrs, Ker
nedy) would would go out and "ehase
The witness admitted on the stan
that he had gambled considerably, say
ing that he and Walter L. Tooze, Of So
lem, often engaged in card games, hu
not to any wrongful extent.
The defense this afternoon tried
show that the defendant has no prope
~ or money, and that the plaintiff ha
no fSrther claim upon him.