The Semi-weekly leader., 1922-02-15
LAWYER AYERS NO
POLITICS IN SUIT

vickBhurg Attorney Tells Of How Gov
ernOr Had Chance TO settle Birk-
head Case Out Of Court.
IT am not at all concerned about
what Governor Russell may think or say
about me personally; am chiefly in
terested in what he is going to say
concerning the charge of seduction and
the performance of a criminal abortion
preferred against him by Miss Francis
G. Birkhead in the 100000 damage suit
now pending against him in the Feder-
al court =
+ This is the reply Of Hon. Thos. r.
Foster, counsel for Miss Birkhead. to a
paragraph in Governor Russelps gener-
al denial Of the charges preferred a.
gainst him in which the Governor re-
the vicksburg attorney.
Il have not planned to take prom
inent part in the trial in the Federal
court" continued Mrs Foster. Miss
Birkhead will be represented by law
yers who are far abler than am, and
who have had much more extensive ex-
perience in the civil and criminal courts
of Mississippi MY associates, Messrs.
Campbell & Campbell, rank among the
foremost members Of the Mississippi
bar. They are not only able lawyers,
but they have heart interest in the
case. Hon. T. H Campbell, sr.. senior
member of the firm has been an inti-
mate friend of the father and grand
father of Miss Birkhead for many years
and attorney made thorough investi-
cation of the case before becoming as
sociated with me as counsel for Miss
Rirkhead."
BEGINNING OF SUIT.
I'm view Of the statement issued by
Governor Russell, and his subsequent
utterances of very contradictory ma
ture. in which he has sought to place
the blame for the filing of this suit
against him, feel that the people of
Mississippi are entitled to the plain
facts in the matter. have nothing
whatever to conceal. and no hesitancy
ir setting forth just how happened to
be connected with the case.
Just about one year ago I received
a long distance telephone message from
Miss Birkhead, whom I had never met,
and VINO was then in Memphis, stating
that she desired to file suit against
Governor Russell.
= Our telephone conversation was very
brief. told Miss Birkhead that
could not represent her until I became
fully acquainted with the nature of her
case, and the character of evidence .she
had to sustain it, and suggested that
she come to Vicksburg and confer with
me regarding the matter.
IMPRESSED WITH SINCERITY.
This suggestion was complied with.
Miss Birlxhead came to Vicksburg, and
submitted her statement. which was
substantially as that set forth in Ex-'
hibit A., which accompanies the suit
she has just filed.
II was deeply impressed with the
woman's sincerity. She thoroughly con-
WINGED me that she was telling the
truth. However, realizing that a
friendless woman, bringing suit against
the governor of great state, strongly
entrenched with political influence, must
fight against overwhelming odds, I ad-
vised her to make an earnest effort to
compromise the matter-to see the Gov
ernor and try, if possible. to settle the
matter out of the courts.
TRYING TO COMPROMISE.
with much reluctance, Miss Birk-
head accepted this suggestion She was
a pale, emaciated creature, almost on
the verge of a physical and nervous
breakdown and her condition was so
truly pitiable that it aroused my deep
est sympathy.
Acting on my suggestion Miss
Birkhead left Vicksburg for Jackson.
Evidently she failed to get a personal
interview with the Governor but she
saw some Of his close personal friends
and told them what she intended to do.
1T was not my purpose to reveal
names at this time, for this phase of
the case will be properly brought out
in the courts, but few days later some
of Governor Russelps personal friends
came to Vicksburg to see me about the
case. I told them. just as had told
Miss Birkhead that it would be best
to settle the matter out of court and
that the case ought to be compromised;
that insofar as / was concerned, did
not expect and would not accept a fee
for any part had played in the trou-
BILE; that if the Governor derised to
make settlement with Miss Birkhead
the entire amount should be paid to her.
OFFERED s1OOOOOO
:. 'I paid no further attention to the
case. A few days later a-lawyer who
is, or was, a close personal friend of
Governor Russell, came to me and ask
ed if I had any objection to him talk
ing with Miss Birkhead; 1 told him
that had no objection whatever. that
Miss Birkhead, was advised, was still
in the city, and he could talk with her
just as much as he wanted to.
Miss Birkhead came to my office to
meet this lawyer. was not present at
their conference but can say that she
submitted to him the statement of her
relations with Governor Russell, pre-
pared in typewriter form, and which
she now has on file in the Federal
court as exhibit A to her bill of COM
plant.
Miss Birlkhead informed me after
this conference that while she was In
Jackson Governor Russell's friends had
offered to settle the case for $4,000 but
that they could not raise this amount in
cash, and the lawyer with whom she
had just conferred wanted to know If
she would accept a small payment and
the remainder later on; that the plan
was to pay her $3.50. per month while
Governor Russell was in office. and. If
possible they would later pay the ball
ance in cash.
WANTED THE PAPERS.
This offer, Miss Birkhead told me,
vas based upon the condition that she
Immediately turn over to this lawyer
all papers, documents. or other forms of
INDIGESTION