Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1922-12-12
FORMER GOVERNOR
B|LBO NOW SOUGHT
IN DAMAGE SUIT

OXFORD, Miss, Dec. 11.--Interest
in the damage suit instituted by Miss
Frances Birkhead against Lee M.
Russell, governor of Mississippi,
centered Sunday in efforts being
made to locate Theo G. Bilbo, former
governor, and wanted as a witness
by the plaintiff.
The case was halted late Saturday
when attorneys for Miss Birkhead
exhausted available witnesses to be
called in rebutta1 and asked a con-
tinuance until Monday to permit an
eleventh hour effort to locate Mr..
Bilbo for whom an attachment. has
been issued. The continuance was
ordered over the protest of the de-
| Tense.
Judge E. r. Holmes granted the
time asked for after consultation
| with the jury who remained un-
der the charge of a deputy marshal
over Sunday.
| Announcement was made from
the bench that orders would be given
the United States marshal to assign
several men in an effort to locate
Mr.. Bilbo, who is reported to have
| left his home some days ago on an
automobile trip.
Major w. M. Perry, of the COVER
nor's staff, also is to be called to the
witness stand if he can come to OK
ford before the trial ends. 1t was
explained that Major Perry, is de
4 tanned at his home by the illness OF
a member of his family.
The defense completed the presen'
tation of evidence at the morning
session of court, and the plaintiff
exhausted it's witnesses after an
hour of the afternoon session Satur
day.
Governors Wife
Mrs. Russell, wife of the governor,
and A. B. Schauber, campaign man
ager for Mr.. Russell in his contest
for the governorship, were the last
I defense witnesses, while less than
dozen witnesses testified in rebuff
tai for the plaintiff.
Miss Birkhead was on the witness
istand as the last witness of the day
| Mr.. Schauber told of money pay
ments alleged to have been made to
Miss Birkhead, which have figured
in the testimony of several previous
witnesses. Mr.. Schauber explained
that friends of the governor made
I'D a fund of $500 to be given Miss
EBirkhead when 1t was reported that
she planned to make allegations
against the governor public.
/ Mr.. Schauber also declared that
Miss Birkhead had threatened to
kill the governor, and, after stormy
scene in the office of the governor
| at the capitol, she gained possession
of a pistol, but she was disarmed'
Governor Russell knew nothing OF
the plans, Mr.. Schauber testlhed
Mr.. Russell had declared that no
navment would be made with his
consent. Schauber testified, and at
all times in conference with MS
friends, had proclaimed his limo
cence of the charges based on an
allegation of betrayal-the basis OF
the present suit for damages. =.
Mrs. Russell testified in support
| of Mr.. Russell's statements as to
his home life and of the insight
she had at all times into his affairs.
'I think we are an outstanding
lexample of happy couple" MRS
Russell testified.
e. r. Ross, assistant chief OF po'
lice. of Jackson. one of the wit,
nesses called in rebuttal, denied that
he was summoned to arrest Miss
Birkhead while she was in Jack
son and is alleged to have threat
Il Ill hn and n11r1
the executive mansion. Ross coulo
not recall that Miss Birkhead ever
had been arrested in Jackson
Several witnesses testified in de
NAL of defense evidence that the
lyoung woman, while at dance, a.
her former home in Yazoo county
had been drinking and 'fell OUT or
the floor of the dance hall. Accord
ling to the rebuttal testimony Miss
Birkhead tainted.
Denies All Charges
Miss Birkhead, the final witness
TODAY, declared untrue testimony O
several witnesses that she at on
time made charges of betraya
lagainst DR.. Henry r. Boswell, heat
of state institution. Incidents o
alleged misconduct, testified to b!
other witnesses, were declared lab
solutely untrue by the young WON
an. Likewise she denied that sh
visited a Chinese restaurant in Jack
son or that she participated in
roadhouse party in New Orleans
which, the witness for the defens
who told of the alleged incident, de
clared ended with members OF tn
party climbing out of a rear windov
: 'to beat a taxi bill"
Miss Birkhead took issue wit
statements made by Mr.. Schaube
that Governor Russell knew nothing
Of any money payments made t
her. She asserted that, one pay
ment Of $50 was given her in tn
presence of Mr.. Russell. Schaube
declared the money was given he
from his pocket in the absence O
the governor.
She said she understood the $50
paid her was from the governor
"Otherwise I would not have &C
cepted," said the plaintiff.
One witness who testified of a
alleged incident of misconduct ha
wanted to marry her and was "jeal
ous' Of the governor, she said
An attachment was issued for MI
Bilbo several days ago but report
received by the United States mar
shall here indicated that he had no
been found. The attachment wa
sent to the office Of the Unite
States marshal for the southern dis
trict of Mississippi to be served
/