The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1914-02-17
Testimony in Bond Damage Case
is Closed aud Judge Clark
Delivers Instructions
TO the Jury
BURDEN ON WOMAN
TO PROVE ASSAULT
Character Evidence No Defense :
May Prove Conspiracy Directly
or Indirectly But Woman
Must Be Party
TeIegram by Unlted Press.

Telegram by United Press.
Oklahoma City Feb. l7.-Follcwing
the completion of the testimony in the
Bond damage eas 1his morning, Judge
Clark instructed the jury that the bur-
den was upon Mrs. Bond to prove her
allegation that Gors assaulted her by
evidence which was entitled TO be OF
greater weight than that Of the de-
fense.
The existence of conspiracy to Sc
cure political preferment from Gore,
the court said might be proved by d.
rect or circumstantial evidence, nor
was Il necessary to prove the time or
place where the agreement was
formed.
The court said that the character
evidence against Mrs. Bond was not
competent as a defense, but could he
used only to determine her credibiiity
as a witness
Judge Clark directed that a verdict
be returned for the plaintiff II the
jury found that Gore laid hands OF
the woman without her consent ol
relieving she would consent.
II the evidence showed conspirac'
ID present opportunity" 20 the De
fendant and II Gore did commit tn
assault as alleged, but that Mrs. Bon
was not a party to the conspiracy IN
court charged. it could not be eonsl.
cred as a defense or in mitigation 9
the damages.
an the acts Of the alleged oonspir'
tors not done in Mrs. Bonds presene
should be disregarded unless she wei
involved. said the judge, for she coul
No, he held responsible for an act NJ
n dome in her presence or at her
stance. If she was a conspirator, 4
acts and declarations OF others IN q
Mot might be considered as her acts
Unless you lind that the detenaa
threw her on the bed, you should
turn verdict for the defendant sa
the court
I-ader the law nine jurors may =
der n verdict. f. j. Giddings beg
the argument for Mrs. Bond and
was followed by Moman Pruitt TOT
defense. six hours were allowed ed
side for arguments.
senator Gore received score OF t'
erams today from friends ever
country offering him sympathy
aid.
After Judge Clark had ruled tha'
nositions bearing upon Cores past
could not be introduced the sen.
resumed the stand again at 2'4o n
dav afternoon and Attorney Giddi
asked:
is it not a fact senator that
knew DIR. Eary related to hu'
Bolen. and to Rev. Linebaugh
ticauy the same story you hearu
rarn relate here on the standY
replied. q did not.
senator Gore said that after N
% he first saw Bolen in oklan
CITY about August 9 or TO- ana
ne,t time in October Of the same
and said that he did not at tna'
entertain the idea of giving any
no,ptment to carp. Senator Gore
There was no hostility between
and myself so far as ! know i
September 10, 1918. never proI
him anything within my control
Gore
Gore was asked by Attorney
d;ngs "Did you write to 5. r b
and tell him that you intended to
care of carp about August lS
denied that he had promised Ear
thing and Giddings read the
from Gore to Render
The letter was as follows: #
Earp that am sorry ! did not
time to talk with him while he
Washington. He is an uncom
modest man. have not promis
marshalshir. There has been
take somewhere
senator Gore then said the n