The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1921-06-21
Helen Harris Case Suffers Set
back in District Court.
Asks Damages for Alienation of
Foster Mothers Affection.
NO CAUSE SHOWN IN PETITION
Defense Wins Application for
Demurrer Against Evidence.
New Petition To Be Filed Soon
Suit Pending Three Years.

The $4,000 damage suit brought by
fifteen-year-old Helen Maude Harris
against Frank Hardesty. wealthy Usage
county farmer. was thrown out of
court this afternoon.
A jury had been impane1led and
sworn to try the suit brought by Miss
Harris against Hardesty on the charge
Of having alienated her foster-mother' s
affections Then Judge George H.
Whitcomb sustained. a demurrer by
the defendant, made on the grounds
that the petition of the plaintiff did
not show cause for action. The case
was thus thrown out of court.
Attorneys for Miss Harris immedi-
ately requested permission to file a
fourth amended petition, which was
granted. The petition will be filed in
the near future. it was stated today.
After three years of petitions, ans
wers, motions, rulings and demurrers,
the trial of the $4,000 damage suit
brought by Helen Maud Harris. 16,
against Frank Hardesty, wealthy
Usage county farmer, was begun this
morning in Judge George H. Whit
combs division of the Shawnee county
district court. Miss Harris charges
Hardesty with alternating the affec-
tons of her foster mother, Mrs. Cora
B. Harris, by making her a habitual
drunkard and thus depriving her of
the care and nurture of a mother.
Case Hangs by Thread.
From the time the jury was i'm
paneled today the girls cause hung
by a thread, pending the courts de-
cision. on the demurrer brought by the
defendant to the introduction of tes-
tifnony on the ground. Most of the
morning was taken up in arguments
on this question.
A. E. Crane, who demurred to the
Introduction of testimony and argued
the case for Hardesty, commended that
Miss Harris, under the common law
could recover damages only for three
things-injury to person, property or
means of support. The last could not
make a cause of action, he argued.
because the mother is not bound to
support the child. That duty devolves
upon the father, who the petition
states, adopted the child with mis- wife,
but who had been living apart from
her In another state for several years
Not contrary to Law"
1t is also evident, he said, that the
petition does not state that the liquor
was given Mrs. Harris CONTRARY to
law" He quoted authorities from sew
eral states to show that this must be
proven before damages may be re-
covered. In other words, under the
law at the time of the alleged offense,
liquor given Mrs. Harris by Hardesty
would not be construed as a violation
of law unless it was given for the pur-
pose of pecuniary gain.
one of the first things to be revealed
was that Miss Harris. alleged to be a
minor, had been married, which. under
the law would give her the rights of
majority. 1t developed that she had
married a soldier at Junction City,
where she is now living, but that he
abandoned her and she afterward OBJ
tanned a divorce. This left the status
of the case exactly where it was be-
fore.
In his opening statement ]. G..
Waters, who, with ]. E. Addington, is
representing Miss Harris. dwelt upon
the alleged acts of Hardesty in rela-
ton to running the home of the girl.
Crane, in the opening statement for
the defense, told the jury he would
show that liquor had been common in
the home of Mrs. Sarah Kiehl, who
he said was the mother of Mrs Harris
He declared that when Mrs. Turner.
the girls natural mother died, the
father was unable to support the 2
year-old child and went to the probate
court, where he allowed Charles B. and
Cora Harris to adopt her. This was
all a matter of form, Crane declared.
asserting that Miss Harris never had
been out of the care of Mrs. Keihl.
He asserted that Mrs. Keihl was the
motive force behind the lawsuit,
brought with the intention of getting
come money out or HarueSJy. jugs
c. n. Smart, of ottawa, and A. B.
Crdm of Lyndon, are associated with
Crane in defending Hardesty.
Suit Filed in Usage County.
The suit was first filed in the Usage
county district court three years ago.
A motion to strike out certain parts of
the petition was sustained and an
amended petition was filed. SUISSE
uuent motions which were sustained
resulted in a second and finally a third
amended petition being filed. The
case this morning was opened on the
third amended petition. to which the
defense. demurred on the ground that
it did not state a cause of action.
After three years OF preliminary
litigation, Judge Robert Heller of the
Usage county court refused to try the
case and change of venue was grant
ed, thru mutual consent of the attor-
neys, to Shawnee county.
First Case of Its Kind.
This iSthe first case in the Shawnee
county court, and the first case which
many old LAWYERS can recall. where g
child is asking damages for the aliena.
ton of a mothers affections.
Attorneys almost set a precedent
this morning when the first twelve
jurors called to the box We're accepted
by both sides without a challenge
Owing TO a shortage of jurors botI
sides made concessions that they
might not otherwise have granted. L
is estimated that several days will bt
consumed in the trial of the case.
Army Sergeant Killed in Plane.