The Washington herald., 1914-06-09
DEFENSE futile
AGAINST singer
Mme. Schumann-H Henks
Lawyers Ask Judge to-
Take Case.
DIVA'S SMILE RADIANT
Sudden Collapse of Defense in Face
of Threatened Sensational Dis
closures Comes as Surpriss.
DTvA'S SMILE RADIANT
n. w.,h,nrs,on Her.ld.

Special to The Warrington Herald.
Chicago. June s-The defense in Nine.
Schumann.H .Heink's divorce case suddenly
collapsed this afternoon. Judge Denis
Sullivan tomorrow VIII render decision
with reference to a motion by her at
torney which in effect asks that the case
be taken from the jury. 1t was believed
tonight that he will act favorably to-
wards the opera stars plea
After calling only four witnesses. one
a discharged chauffeur. one an expert on
the German language, another Nine.
Schumann-Heink,s travelling companion
and. finally, the diva herself. Attorney
Ben smith. counsel for the defendant,
VIM. Rapp, Jr., rested his case. The
action was a complete surprise and was
admitted on every hand TO be q confess
sion of defeat.
Attorney Alias Mayer. for Nine Schu-
mann -Heink. Immediately made mo-
ton that the court instruct the jury to
find in favor of the defendant. This
was equivalent to motion to take the
case from the jury. Following private
conference in the judicial chambers. the
court announced that because Of the un-
usual nature of the motion in divorce
case he would withhold his decision until
morning. -. ".
Rapp'. Thrcats Fiat.
The sensational revelations promised by
Rapp at the beginning of the suit failed
to materialize Not a shred OF evidence
was brough. forward against Nine Schu-
rann-Heink's name, and her smile as
she left the court room was radiant.
"I am SO glad. so glad" she said. I
knew that he (Rapp) could never per-
/ manently inture my good name, but
isn't it awful that such men are per-
mitted even to say such thingsE
only one question was asked of Nine
lScbumann-Heink when she was called
| to the witness stand by the defense
what was the date Of your mar
riage to Paul Schumann? asked At
torney Smith.
! ATTORNEY Mayer objected to an an
swer on the ground that IL. would be
immateriaL The objection was sus-
tained. A secret in connection with
Mime Schumann-H Heink's marriage TO
paul Schumann has been repeatedly
binted at throughout the trial by the
defense. In a letter written by Rapp
/ IN Nine Schumann-Heink he onered 10
nlace evidence in her hands wnich
would enable her to secure a divorce.
In this letter the "Geheimniss was
used. Rapp writing, HAD you -aeteu
honestly, with me and intrusted your
cebeimniss to me It would have been
considered sacred" etc.
Dispute over Translation.
! The defense claims the German word
means secret According to NINE:
! Schumann-Heink's lawyers. the Woro
s,nply means confidence" The literal
translation of the word has been bone
of contention between opposing counsei
since the introduction of the letter.
The recalling of Mime. Schumann-H -Heink
to the witness stand and the repetition
II Of the question concerning her marriage
to. Paul Schumann, which once oelore
had been ruled out, was another at
tempt by the defense to cast a veil OF
mystery over that marriage.
Though Judge Sullivan did not permit
the witness to answer the question the
/ court himself interposed with a question:
why do you ask about Nine. Schu-
mann-Heinks marriage to Schumann!
he added. rs there any question as TO
the legality of that marriage
Attorney Smith, for Rapp, said that he
would be glad to explain If the jury were
dismissed for a few moments. This was
done, while Attorney Elias Mayer contin-
ned to wear the smile, which on one
occasion was objected to by opposing
counsel When the jury was out OF the
room Attorney Smith started TO make
his promised explanation.
1T has been our theory
II object again." shouted Attorney
Maver. The theory-and II is only a
theory-was ruled out of Rapp's answer
to our bill of complaint as 'scandalous
and impertinent,' and it Therefore cannot
legally be mentioned now"
Court Sustnfns Defense.
Again the objection was sustained.
.Cau the next witness" the court IN
structed.
I'VE rest our case" replied Attorney
Smith.
Spectators looked at each other dumb
founded. Rapp himself, at the lawyers
table, failed to show any emotion other