The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1921-08-01
MOVE TO STRIKE OUT
STANFORD TESTIMONY
UNDER CONSIDERATION

Hearing OF the divorce complaint
of Maude d. Stanford VS.. Roscoe H.
Stanford, which was interrupted on
the evening of Wednesday, July Is,
by the death OF Leland n. STANFORD,
father of the plaintiff. who succumoed
to heart disease while testiying III
behalf OF his son, was resumed before
Judge Bond in Wayne circuit court
Monday.
Immediately upon the re-opening OF
the case, Denver Harlan, attorney for
Mrs. Stanford. moved that the testi-
mony given by Leland II. Stanford
be stricken from the record. He based
his motion on the fact that it was in
complete for the defense and that the
plaintiff had had no chance to cross
examine.
A further motion to require the de-
Tense to produce the will of the late
Mr. Stanford in court was made by
Mr. Harlan.
Objects to Motions
Objections to these motions were
made by Attorney George Pigman of
Liberty. for the defense. He based
his objections to the first motion on
the grounds of the unavoidable cir
cumstances of Mr.. Stanford's death.
And the second he contended could
not be ruled on as it was not con-
tention in the primary complaint made
by Mrs. Stanford He stated that il
the matter was brought up by the de-
tense. the plaintiff would have
grounds for requiring the producing
of the will in rebuttal.
Judge Bond took the motions under
consideration and stated that he
would examine number of authorities
before ruling on the motions.
Marguerite Downing, % years old
a niece of Roscoe Stanford, the dc.
PENDANT. and granddaughter of the
late Leland H. Stanford, was the first
witness put on the stand by the de
tense.
She was questioned regarding cir
cumstances at the Stanford home
when she visited them from 1911 un
Ill 1915 She stated that Mrs. Stan
ford often remarked regarding the
mental condition of her husband ant
stated she feared bodily harm to her
self and children.
Mrs. Downing also testified tha
she thought Mrs. Stanford wore ex
travagant clothes and was possessed
III eApSHSlNt ldSlSS.
On cross-examination Attorney Har
Ian asked Mrs. Downing how mucf
she profited in the will of the late
Leland Stanford Attorney Pigmar
strongly objected to this question anC
was sustained by Judge Bond.
Ross Witt Testifies.
Ross Witt, a farmer, living neaI
Boston. was put on the stand follow
ing Mrs. Downing He testified tina
Mr.. Stanford was a hard working
prosperous farmer. That he had neve
observed any cruel treatment admin
istered by Mr.. Stanford towards hi:
family.
The defense will put Mrs. Lelaut
Stanford, mother of the defendant. OF
the stand before closing it's testimony
which is expected to be late Tuesday
Arguments by attorneys probably viii
be made Wednesday before the cas-
is submitted.
Mrs Stanford is sueing her husban'
for divorce on the grounds of crue
and inhuman treatment. She ask
$4,000 alimony and provisions for tn
care and education of three children
as well as their custody. In cross
complaint Roscoe Stanford is askin
a divorce on several grounds, most .
them supporting charge of extra.
agance. He asks the custody of tn
youngest daughter, Dorothy Mae. Bot
of the principals are well known i
and around Boston where they reside
during the 20 years of their marie
life