Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1922-12-09
TRIAL Of GOVERNOR
RUSSELL REVOLVES
ABOUT LETTER M
Miss Birkhead, Who Is Su-
ing Mississippi Executive
for 100000, TeStifieS
Thursday


Associated Press.)-Counsel for Miss
Frances Birkhead, who is suing Gov
.ernor Lee NJ Russell for 100000
damages, announced Thursday after
noon that they rested their case.
DIR. H. F. Garrison, former mem
Der of the state board of control, the
first witness called by the defense,
testified that at one time Miss Birk-
head had accused DIR. Henry Bos-
well, head of the state tuberculosis
sanitarium, of seduction, and threat
ened to kill him.
Several witnesses at the afternoon
session of court declared themselves
familiar with the governors hand
writing and expressed the opinion
that in their judgment the M on
the original Mary" letter was SINH
lar to the handwriting of the gov
ernor.
G.. w. Price, publisher of the Ok
ford paper, shown the original de-
clared st looked very much like the
governors writing"
One local banker testified the orig
inaI was similar to the writing of
the governor he had observed. Price
also brought into court, under an
order obtained by counsel for Miss
Birkhead, several letters from Gov
ernor Russell for examination of the
jury as to the formation of the let
ter M and general style of writing.
Others papers with the governors
SIGNATURE We're ordered brought to
court, at the request of the plaintiff,
for comparison.
Miss BirkIiead on Stand
Miss Frances Birkhead admitted
on cross-eXamination earlier in the
day that she gave one New Orleans
newspaper information for none
tary consideration, that enabled the
paper to obtain q scoop" in con-
nection with the filing ofthe suit.
A thinned crowd, due to the clos
ing of the courtroom doors when the
spectators benches were occupied
and crowding banned in the stand
ing space, was in attendance when
the trial was resumed.
Miss Birkhead resumed the wit,
ness stand for croSS-eXamination at
the outset.
The opening questioning related
to visit made by the young woman
to Memphis in December, 1918. and
in regard to an operation alleged
to have been performed in that city.
Passing from the Memphis Incl
dent, James Cassidy, counsel for
Governor Russell. had the young
woman tell Of the early years of
her life. Miss Birkhead gave Lee
fore county, Mississippi, as her
birthplace and told of the removal
of her family to other points in
Mississippi and to Macon. Ga, when
she was a child, and their return
to Mississippi.
Finally she left to visit brother
in Texas, Miss Birkhead declared
and went to San Antonio where sire
attended school for telephone seru.
ice. From San Antonio she went
to Pearsall, where she was assigned
to a position.
Denies Drinking
Miss Birkhead denied that she was
guilty of any improperly while in
Texas. She was questioned as to
several alleged escapades but declar-
ed that all such charges were untrue.
She admitted acquaintance with va
: rious persons named by the cross
examiner.
Were you not drinking while at
a dance in Texas?" she was asked.
mo, 1 do not drink" she replied.
81. Did you smoke cigarettes?"
The question was objected to by
the defense. and the objection sus.
tanned. -.....-
Didn't the minister at Pearsall
demonstrate with you about your
conduct" was another question.
This brought another denial from
Miss Birkhead, who added:
There was no occasion for a re-
monstrance."
Going back to the incidents charg
ed in the declaration as having oc-
CURED in Jackson, Miss Birkhead
repeated her statements of yester-
day.
Admits Conferences
She replied in the affirmative to
questions as to whether she sought
consultations with Earl Brewer, for
mer governor of Mississippi, and Os-
car Johnston, an attorney, and at
the time an opponent of Governor
Russell for the campaign for the
goVernOrship, prior to the filing of
the suit. Miss Birkhead explained
that her purpose was to obtain
counsel and advice"
did you make statements to them
in writing?'
mo" Miss Birkhead replied
Miss Birkhead said she sought to
p-m the matter before Mr.. john
ston, mot because he was an oppo-
nent of Mr.. Russell, but because he
was a lawyer"
Miss Birkhead denied that she
"sold' her story to a New Orleans
newspaper. but admitted tt she
gave one paper information which
enabled it to have the "story" in
type and score a SCOOP" For this,
she said, she received "compensa-
ton
She could not state the exact
amount paid her, she said, without
referring to her papers. nor could
she give an approximate amount.
She said it was paid in a couple of
installments.
In several Of her replies, Miss
Birkhead stressed the fact that the
papers in the suit We're on file in the
court at Jackson when the suit was
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