Norwich bulletin., 1920-12-22
s1e, coo ALIENATION SUIT
 r. TRIAL STARTED TUESDAY

9I0ytUU 1LlEN SUIT
 TRIAL STARTED TUESDAY Failing to reach a settlement after conference Lf counsel Tuesday morning trial of the s1o,00o alienation suit brought against Mary Learned Ely by Lucy Mad cline Stone of this city was s.dr5ed in the superior court about noon. and after the jury had been selected the remainder of the court session was taken up by the introduction of testimony. by the plaintiff Mrs Stone is asking damages of SIG. 900 from Mrs. Ely for the alleged alienation of the affections of her husband Harold Kinney Stone, by the defendant The case ,, had it's origin four years ago and has just come to trial Attorneys McGuire and-J. | J. Desmond are counsel for Mrs. Ely. who was present at the trial throughout the
 day and Attorneys W. H Shields. Them
 as M. Shields and Edwin W. Higgins are
 counsel for the plaintiff
 l Marvin A. Smith, an employe of Perry
 & Stone, New London. was the first wit ness called to the stand He testified | that he is manager of the Perry & Stone
 store and has been employed by them for
 2S years. He identified. a gold penknife 1 bought at the store but could not say by
 whom the knife was purchased. Witness
 was not allowed to read the inscription 1 on the knife by a ruling of the court He
 said that Mrs Grosvenor Ely had an ac- count at the Perry & Stona store There was no record as to when the engraving i on the knife was done and no sac slit A stock record and charge slip were laid in for Identification
 The next witness called was James M Young, grocer of this city. MT. Young testified that Harold K. Stone was em- ployed by him as meat cutter in 1916. He could not remember of Mrs Ely coming to his store in February, 1916. Witness told of Stone leaving the store for two hours one day. There was -an automobile in front of the store and Mrs. Ely was in it. Mir. Young said he did not know where Stone went or who owned the machine.
 I Mrs. Lydia Alice Ford of East Great Plain was next called to the stand. She told of Mrs. Ely calling al her home one night during the winter of 1916 and of using the telephone. There was all auto to question from Attorney McCiuire, Mrs Ford said that people went to the
 pond near the Ford home to skate
 John H. Ford. who followed Mrs Ford on the stand, said he did not see Mrs Ely
 at his home in 1916 He was lying down
 at the time
 John J. Fitzgerald. the next witness | was followed by MT. Stone to the stand Witness said he is q years of age and is meat cutter. He was married in I916 and has one child. He said he was en-
 ployed by J. M. Young in 1916. . Witness testified that he has known Mrs. Ely several years and that he first met her at the Your market in 1s15 She : lived on Washington street Witness tes- : tifed that he had been at the Ely home : tut that his wife rever went there He . first went to the Ely heme during the 2 winter of 1915. His last visit there was during the warm weather of 1sI6 lie t testified that he was there in tiie evening
 but not in the day time He saw Mrs. s Ely once or twice week but Mir Ely n was not present
 c Attorney Shields questioned tie witness r as to what he did and if he ate anything
 at the Ely home. Objections were raised
 Attorney Mcclure said the evidence of q t husband is not admissible in such case l. The jury was excused and the lawyers
 retired for a conference.
 l. About l o'clock the trial was continued g.. Attorney Mcclure, addressing the court f quoted from legal authorities and stated :, that husband could not testify in a sui i. of this kind when he continues to iiv, ' with his wife.
 S Attorney Shields showed Il gold Den
 knife to MT. Stone who was still on in. . stand. Witness said the knife was gif 7. and had been given him by Mrs Ely :; ,t April. 1916, in Youpg's market. He als, = testified to receiving a pearl scarfpin le handkerchiefs and ties from Mrs. Ely and that he had given Mrs. Ely flower T. several times
 L At the afternoon session. which starte 'h at o'clock, Mir Stone resumed the wit |, ness stand. He said he went to Mrs l Ely's home at her invitation. Question . as to what door he entered the house b and by whom he was admitted were ex cluded by the court. Other questions wer or excluded.
 mi Witness said he met Mrs. Ely once a re the skating pond a: Mohegan para Fl le said that at one time Mrs. Ely asked hir C. to ride in her car when he left the stor pr on Saturday evening. It was snowin
 and the car became stalled Mrs. Fl of went to Mrs. Ford's home to use the tele & phone and the witr ess walked part wa Ie to the city and took the trolley car Vii e. ness said that he has always supporte CT his family and that when he was nc to home he sent money to them. Witnes
 said he is now living with his wife. Mir ,r Stone, N. Douglas Sevin. L. E. Judge an m Charles H. Appleby were the other vii r. nesses heard before court adjourned f, ed the day at o'clock.
 y Mir. Appleby, who was the last witne, or of the afternoon. stated that he is an il ny surance agent for the Metropolitan II
 surance company and that Mrs. Stone he uduSHteI or ms SfSter-fn-laW. He Sai he that he has known Mrs. Stone for u past 25 years. He said that prior to D, ls cember, 1915, Mir. and Mrs Stone we, 1t. living happily 'together but that there v; as decided change sfter th1t andsth that N u- Stone afterwards left home
 The case will be continued this i've,
 nesdayl morning at 10 o'clock
 Two cases which were On the list ah.a
 of the alienation suit lid not come q trial as they were settled. The first ",
 the case of Walter e. Smith. adur., V
 Albert B. Smith. It was an action f, ,,l insurance and several thousand dolla H were involved. V. The other case was that of James VI
 =. Hanson vs. William Redden and others ,' New London. It vas an action for il =. turies received by the plaintiff by tal ., ing cornice in New Lond,n three yea = ago.
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