The New York herald. [volume] (New York, N.Y.) 1920-1924, 1922-03-29
MISS stone, AT LIFE
TRIAL,OUS7S
Justice Refuses to Allow
Change as Demanded by
Attorneys Slayer.
CALLS III ONLY A WHIM
Nurse Who Shot Kinkead
Objects to Alienist Be-
ing Called.
JURY TO GET CASE SOON
Prosecutor Lays Blame of
Crime to Jealousy Of ScOrned
Woman.
JURY TO GET CASE SOON

Miss Olivia M. p. Stones emotional
temperament created an unusual sit-
uation in the Criminal Branch Of the
Supreme Court in Brooklyn yesterday.
The jury that is to try her on the
charge of killing Ellis Guy Kinkead,
Cincinnati lawyer, had finally been
selected and Herbert \. Warbasse, As
sistant District Attorney, was about to
open the peoples case against the
weeping defendant. Her lawyer, Ed
ward j. Reilly, arose and asked leave
10 address the court.
Withdraw the jury" directed JUS
tice Joseph Aspinall This was done.
"a situation has developed" said
Mr.. Reilly, that l must bring to the
attention of the court Miss Stone has
expressed dissatisfaction with my con-
duct of her case and has told me that
She does not wish me to represent her
any longer. have given this woman
tho benefit of my seventeen years. ex-
perience at the bar and / owe 1t to my
self respect to ask the court to relieve
me at once of further participation in
the case"
Justice Denies Request.
To which Justice Asphalt replied
"ordnarily the court would respect
request made by a defendant in an i'm
portant case OF this character. in which
the life of a defendant is at stake. You
heve given your best efforts to the de-
tense. You have prepared the case
thoroughly. The court is not inclined
- grant the request of the defendant.
Under the power granted me b. the
statutes OF the State | request that you
continue TO act as her counsel and i
hereby assign you to defend her"
1T must be impressed upon the de-
PENDANT that she has to listen TO coun-
sell" replid Mr.. Reilly.
'SAe mus. listen to counsel" rerurred
JuNice Asphalt. "rhe law of this great
State cannot be set aside by the wfim
of a defendant, man or woman. In the
judgment OF the court nothing has been
shown to warrant any change. I assign
YOU to defend this woman. ! direct you
TO so ahead"
Miss Stone gave no indication of her
feelings. Mr.. Reilly said later that
through a Misrepresentation Miss Stone
apparently resented the inclusion of an
slienist to the defense.
Mr.. Reilly. however. had already re-
tained DR.. Anna Martin Ralston of III
Henry street. incidentally Mr.. Reilly
in cross examining witnesses. who saw
Miss Stone on the night of the shooting.
asked them to describe her general APP
Iearance and actions. indicating that in
sanity might play part in the defense.
1T has been said that there is nj
fury like a jealous woman scorned. I
said Mr.. Warbasse 10 the jurymen.
THAT sums up this case"
Slain Man Prominent.
Mr.. warbasse referred 10 the high
professional standing of Lawyer Kin
kead In Cincinnati where at one time he
had been Corporation Counsel, and his
nervous breakdown in 1918. He went
10 Florida returned and had a relapse.
He sought relief in Atlantic City and
his nurse there was Olivia NJ. p. Stone,
the defendant
He was child in the hands Of his
nurse" said Mr.. Warbasse "a child,
mentally and physically
''kinkead returned to Cincinnati, had
q relapse and again returned TO Atlantic
city. the defendant accompanying hin
In her professional capacity.
Months passed. He was regaining
his health and he married Marie CORN
ley in Cincinnati in 1919. He went to
New York city. where he intended e
establish himself professionally. The de-
PENDANT located him on South Elliott
place in Brooklyn
"She bought q revolver In Cincinnati
packed II and came here to kill him be-
cause he had married another. The
motive was jealousy and revenge. 1t Il
the old story.
"She lay in wait for him on August 5
She found he would not talk. and as he
turned away. she pulled out the revolver
and shot him in the back. He fell into
the street She walked over and opened
hre as he lay in the street. She kept
pulling the trigger. she was SO anxious
TO kill him. She pulled the trigger sew.
eral more times after all the shells had
been exploded.
Then she had reaction. When shC
emerged she said Did I kill him?' 4
detective sail No. you shot him in this
leg She replied. That's too bad. ID
like TO 20 to hell and shovel Goals or
top OF him. III she killed this man "
cold blood then we hope that you'll
have the backbone to see that the Law
against murder Is enforced"
Mrs. Kinkead sat through the pro
ceedings. The case will be continued
to-day.
CINCINNATI, March 2s.--James Clark
United states District Attorney. viii ap
pear as q witness for the state in III,
prosecution Of olivia Stone. on trial IL
BROOKLYN He will testify. II Is expected
that Miss stone requested the arrest .
Kinkead under the Mann act.
JUSTICE HOTCHKISS