The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1922-09-15
CASE NEAR TRIAL
Girl Seeks 100000 From Mis-
sissippi Governor.
Seduction and Breach of Prom
Use Among Charges,
PENDING IN TWO COURTS
Governor Russell Vigorously
Denied Allegations.
Charges Attempt Has Been
: Made to '.BIackmaiI'' Him.


Jackson. Miss, Sept. 15.-Another
chapter in tho administration of Lee
NJ. Russell, governor of Mississippi, is
expected to be written at the term of
the Kinds county circuit court, which
met today, with the hearing of suit
for 100000 damages filed by Miss
Frances Cleveland Birkhead, of New
Orleans, La, stenographer and former
secretary to Mr.. Russell, charging the
Governor with seduction, breach of
promise and responsibility for a Grim
inal operation.
The charges made by Miss Birkhead
this far have resulted in a legislative
Investigations of allegations made by
Mr.. Russell that the suit was inspired
by agents of what he termed out
1aWed'' fire insurance concerns; trans
fer of the SUIT from the federal court
here in which it originally was filed
to the state courts when attorneys for
Governor Russell challenged the juris-
diction of that federal court, and a re-
cent re-filing of the suit in the United
States district court at Oxford, the
governors home.
AS the case now stands it is pend
Ing on the docketS OF both the Kinds
county court here and the federal
court for the northern district of Mis-
sissipi at oxford.
Miss Birkhead charges in her COM
plant that she was betrayed while
acting as a Stenographer at the state
capitol, assigned to the office of Mr..
Russell, then lieutenant governor;
that she was promised that Mr.. Rus
sell would obtain divorce and marry
her and that subsequently she went
to Memphis at his instigation and that
an operation performed there had re-
suited in permanent injury.
Fl Governor Russell has vigorously de-
MED all the allegations made by Miss
Birkhead; charged that an attempt
had been made to "blackmaiI' him;
declared that the suit was fostered by
outside influences and that the COM
plant was filed at the particular time
1t was. early this year. in an effort to
discredit him before the legislature,
then in session.
The. legislative inquiry, which also
investigated charges made by the gov
ernor that certain fire insurance in
terests were maintaining "pernicious'
lobby in Jackson in the interest Of
pending legislation, resulted in a COM
mittee finding which declared the gov
errors allegations not proven. The
Committee was named by the lower
branch of the state assembly in re-
Spouse to a request made by Mr.. Rus
sell after a proposal to cite him be-
fore the bar of the senate in impeach-
ment roceedings-based on the al
legations made by Miss Birkhead-had
been voted down. Governor Russell
did not appear before the committee
but submitted in writing his charges
and outlined circumstances on which,
he explained, he based the allegations.
A request that he be permitted to
have a representative present at the
hearings to ss-eXamine witnesses
was denied by the committee.
BIames Insurance Companies.
~ Governor Russell has charged that
alleged animus against him on the
part of certain fire insurance concerns
was due TO the filing of antitrust pro-
ceedings asking penalties aggregating
more than SS,000,000. A wholesale
withdrawal of foreign" companies
from Mississippi followed a chancery
court ruling in favor of the state rev.
enue agent who brought the suit. The
case now is awaiting a decision by
the state supreme court.
J Dismissal of Miss Birkhead's origi-
/ nal petition in the federal court for
the Jackson district was on the
grounds that Jackson was merely the
official residence of the governor, and
that such proceedings should have
been brought at Oxford, in another
federal court district where Mr.. Rus
sell maintains his permanent resi-
depce. Immediately after this ruling
the suit was transferred to the state
court but was re-filled last month in
the federal court at Oxford and SER
Vice obtained on the governor when he
went there to vote in the Democratic
senatorial primary August Is.
Hearing of the suit in the Oxford
federal court has been tentatively set
for the December term
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