The Barre daily times. (Barre, Vt.) 1897-1959, 1922-09-16
COZ. RUSSELL CASE
BEFORE MISS. COURT
Sued for 100000 Damages by Stenog-
rapher--Seduction Charged
Maintains Innocence.

I
Jackson, Miss, Sept. l6--Another
chapter in the administration Of Lee Nj.
Russell, governor Of Mississippi, is cx.
pected to be written at this term of
the Kinds county circuit court, with
the hearing Of suit for 100000 dam.
ages 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 criminal opera
| ton.
| The charges made by Miss Birkhead
thus far have resulted in legislative
investigation Of allegations made by
Mr.. Russell that the suit was inspired
by agents of what he termed out
lawed" fire insurance concerns transef-
of the suit from the federal court here
lin which it originally was filed to the
state courts when attorneys for Cover
nor Russell challenged the Jurisdiction
of that federal court. and recent re-
filing of the suit in the United States
district court at Oxford, the governors
home.
As the cas- now stands it Is pending
on the dockets of both the Kinds couD-
ty court here and the federal court for
the northern district of Mississippi 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. Russell
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
Governor Russell has vigorously
denied all the allegations made by Miss
Birkhead; charged that an attempt
had been made to "blackmaur him;
declared thtat the suit was fostered BY
outside influence and that the com
plant was filed at the particular time
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 inter
ests were maintaining a 'perniciouss
lobby in jackson in the interest of /
pending legislation, resulted in COM
mittee finding which declared the gov
ernor's allegations not proven. The |
committee was named by the lower
branch OF the state assembly in re-
sponse to a request made by Mr..
Russell after proposal to cite
him before the bar of the Senate in
proceedings based on the
allegations made by Miss Birkhead-
had been voted down. Governor Rus.
sell did not appear before the commit
tee but submitted in writing his
charges and outlined circumstances on
which, he explained, he baseds the
allegation. II
A request that he be permi1<f TO
have a representative present2 the
hearings to cross-examjne wIk&e6ses
was denied by the committee
Governor Russell has charged that
alleged animus against him on the
part Of certain fire insurance concerns
was due to the fling of antitrust
proceedings asking penalties aggregat-
ing more than Ss,O00O00. A wholesale I
of foreign" companies
from Mississippi followed chancery
curt ruling in favor of the state
reyenue agent who brought the suit
The case now is awaiting decision by
Dismissal of Miss Birkhead's original
he state supreme court.
petition in the federal court for the !
Jackson district was on the grounds
hat jackson was merely the official .
residence of the governor, and that
'uch proceedings should have been
brought at Oxford in another federal
'ourt district where Mr.. Russell main
aims his permanent residence. I'm
after this ruling, the suit
vas transferred to the state court but
vas re-filed last month in the federal
curt at Oxford and service obtained
m the governor when he went there
o vote in the Democratic senatorial
Urinary August Is.
Hearing Of the suit in the Oxford
cderal court has been tentatively set
or the December term.