Indiana daily times. [volume] (Indianapolis [Ind.]) 1914-1922, 1921-02-10

for the two step-chlldren and maintain
the Photographic business.
Mrs Myers testified that she and
Myers were married in June. 1910. She
told how. in the fall of the first year oil
their married life, they had their first
serious quarrel
81 think it occurred when I attempted
to hold him to his promise to buy
home" she testified. 1.-The next time he
Quarreled with ME was when my parents
sold the old farm in Marion County. 1
attended the sale and on returning I
cried. Mr.. Myers ordered me out Of the
house and told me to go back to my par
ents. The boys began crying and hA al
lowed me to come back
OBJECTION
TO REMARKS.
At this point, Attorney Arthur R. Rob-
inson, chief counsel for Mrs. Myers, put
q question which was objected to by
Prosecutor Evans. After the court had
ruled, Robinson said: 'All we want 10
do is to get her story before the jury"
Prosecutor Evans jumped to his feet
and said:
7 think that that remark of counsel
is the plainest thing he has said under
his breath during this trial. 1t is IN
ethical and unprofessiOnal and such re-
marks should be stopped"
Robinson said that the words just
slipped out. as he should have said that
all he wanted to do was to get competent
testimony before the jury"
Judge Collins said:
"These remarks made under the brea tn
by counsel must stop. I viii take prompt
and strict action if the courts attention
g RI Nha
with the proper Interrogation Of the wit
ness"
Prosecutor Evans repeatedly objected
to the manner in which Robinson put
the questions to Mrs Myers and in most
Instances Judge Collins sustained the
prosecutor.
"Mr. Myers had a revolver when I
married him." stated Mrs. Myers He
used to carry it In the car, but kept It
hidden at home. That revolver can be
produced as evidence if necessary"
HUSBAND SOUGHT
SUICIDE PACT.
Mrs. Myers continued:
about seven years ago I became afraid
Of him. About seven years ago, one
night, he came to my bed and threatened
to kill himself He left and returned
and he told me that If l would come up-
stairs with him he would kill US both.
At one time he insisted that 1 sign an
agreement to commit suicide.
"He said that if 1 didn't sign the
agreement to commit suicide he would
kill me-" testified Mrs. Myers.
Mr.. Robinson said:
Il hesitate to ask you this question,
but did the decedent threaten to kill you
II you did not allow him to use your
body unnaturaIly?"
DESCRIBES ATTACK
BY HUSBAND.
She, answered:
"Yes. Six or seven years ago, the first
time He came to me after being out
nearly all night. He had been drinking.
He said to me that 1 was his wife and
he had a right to do what he wanted.
When I repulsed him he tore my gown
An another time he tore another gown
and also for the same reason he has torn
two gowns"
Il often woke up in the night to find
Mr.. Myers sitting up in the bed with his
hands lingering my neck"
Were you frightened?" counsel asked.
Naturally"
Il object to the answer and move it be
stricken out" said Prosecutor Evans.
1T may 60 out" the court ruled.
Were you frightened? ?" counsel re-
peated.
Yes she answered.
when was it that you ceased fearing
Mr.. Myera7" Mr.. Robinson asked.
Firmly she replied:
Z never ceased fearing for my life IN
I'll after the misfortune-the shooting"
Mrs. Myers testified at length of va
ri6us cruelties on the part Of her hus-
band, such as throwing her against the
bathtub and bruising her. choking her,
throwing her to the floor and driving her
out OF tie house. She testified that on
one occasion in November, 1919. her
two stepsons and a neighbor boy at
tempted to pull Myers of her when he
was STACKING her.
TELLS OF TAKING
BOYS REVOLVER.
Mrs. Myers testified to taking a re-
volver from her stepson, Arthur. after
he traded a drum for the weapon. She
said she placed the revolver in a drawer
Of her desk and finally took the revolver
uptown to have it filled" She ad-
mitfed buying cartridges. She claimed
that for a month or two she carried the
revolver in her pocket on entering the
darkroom" when developing pictures,
as Myers often attacked her on coming
out OF this room.
Probably the most effective testimony
given by Mrs. Myers was her calm re-
cital Of the frantic efforts of her hus-
band to compel her to remove from her
divorce complaint against him the charge
Of adultery.
@0n the night of the shooting" said
Mrs Myers, u went into the darkroom
to Dc. some work. Mr.. Myers, who was