Oxford eagle. (Oxford, Lafayette Co., Miss.) 1876-current, 1922-12-07
ATTACHMENT IS
ISSUED FOR BILB0
One of the Most Sensational Cases
Ever Before the Courts of This
State Is Now In Progress In
the Federal Building Here.

Governor Lee M. Russell is being
sued by Miss Frances Birkhead,
former stenographer of the Governor,
for $100, 10000. She alleges that Mr..
Russell some years ago, through
promis of marriage and other con-
siderations, did seduce her, after
which an operation was made neces-
sary, and from which her health has
been ruined.
The case was called Monday after
noon, and Tuesday was consumed by
lawyers of the defendant in demur-
rers and in arguing same before
Judge f. r. Holmes.
Sweeping denial of every charge
made against him by Frances Birk-
head and counter charges against her
of unchastity and immortality of long
standing were made by Gov. Lee M.
Russell when his lawyers placed in
the hands of opposing counsel a plea
to the general issue growing out of
the 100000 suit filed bv Miss Birk
head.
The plea was completed within five
hours of the action of Judge E. r.
Holmes in overruling the demurrer
presented by counsel for the COVER
nor. Immediately after the Judge
made his ruling James w. Cassidy of
counsel for Gov. Russell announced
that his side was prepared to go to
trial.
1t carries US back to the days of
1892 when Col. C. P. Breckenridge of
Kentucky, known as the "Silver
Tongue Orator and little Madilene
Pollard were attracting the eyes of
the nation and Kentucky was receiv
ing just about the same scandelous
publicity as Mississippi is receiving
today.
The case was in court for only
short time Tuesday morning. 1t
took Judge Holmes only few min
utes to deliver his ruling against
the demurrer of Gov. Russell. He
sustained the contention of Judge I.
S. Campbell, counsel for Miss Birk-
head, that a feigned marriage or
false promise of marriage was only
one factor in seduction in Mississippi,
along with flattery, persuasion and
love making.
Counsel for Gov. Russell held that
the laws of this state confined seduc-
ton to an act of immortality induced
only by feigned marriage OF false
promise of marriage.
Refers to DIR. Boswell.
In the governors plea he says ne
will undertake to prove that MISS
Birkhead made charge of seduction
against DR.. Henry Boswell, proprietor
of the tuberculosis Hospital, at Ma
gee, Miss, prior to July, 1918. He
charges that Miss Birkhead made a
blacl0nail charge against DR.. Bos-
well, claiming that he sent her to
New Orleans for the purpose of hav-
ing an operation for abortion. Gov.
Russell pleads that he was living
happily with his wife at the time OF
the alleged seduction and that Miss
Birkhead "entered into q collusion and
scheme to encompass his DOWNFALL 4
Miss Birkhead's complaint of nom
employment, physical condition, and
social standing is due, according to
the plea of the governor. not to any
fault of his, but to her own "lewd,
immoral and dissipated life, and man.
ner of living"
He charges that she is now and has
been so living for years.
It is also contended that Miss Birk-
head has been guilty of repeated acts
of unchastity with men prior to July
1918. Counsel for the governor say
they are prepared to show specific
acts of misconduct.
The governor also contends that
Miss Birkhead was not legal and
bon a fide resident Of Mississippi at