New-York tribune., 1922-04-04
Nurse L aints as
She Cries 'Iie!'
At Her Accuse,.
Olivia Sion 9 Again Holds UP
Her Trial For killing Kin
kead by Collapse After
Encounter With Witness
Swoon Real, Court Saws
Defense Sets Up Temporary
Brain Explosion Plea 10
Accoun, for Fatal Sho,,

For the second time since her trial
for the Staying Of Ellis Guy Kinhcad
BEGAN week AGO. Olivia NJ. p. stone
collapsed in q faint in the Supreme
Court, Brooklyn, Yesterday afternoon.
HeH excitement was intense from the
moment James r. Clark. United states
Attorney, who came from Cincinnati
to testify for the state, took the stand.
The court had difficulty in restraining
her outbursts as the Witness testified
that she went to him in Cincinnati and
asked him to prosecute Kinkead, for
merly prcminont member Of the Gin
cinnati bar, for violation Of the Mann
act. The defendant previously had
testified that she never saw Clark in
her life.
"Oh. my Cod what lic," she cried
as the witness swore she called to see
him at his Office "Look mo in the
face when YOU say thisl Look as you
would look at Your Cod
Anger Submcrges Dependency
Conc was her air Of grief and de
spondcncy. Fury RACED in the eyes
that sought to catch and hold those Of
the man or the witness stand. Her
arms shot M above her head and then
fell Imply by her side. At the pro
test Of Assistant District Attorney
Herbert n. Warbasse who is conduct
ing the prosecution, Judge Aspinall
sought to silence her.
al beg your pardon, Judge" she said
"But | cannot have my life sworn
away like This. Help me out of here
l,,l l,p i ,.
listen"
Quick as a flash she turned to the
witness and screamed at him:
MAY God have mercy on your soul,
James Clark. You are d story teller
I'll tell the world YOU are. God knows
it's the truth that ! do not know you"
A strangling SOB rose IN Miss Stones
throat. She gripped the table at which
she sat while the police matrOn tried
to soothc her. As Mr.. Clark went on
with his testimony her mutterings con-
tinued and her tcar-hlled eyes turned
pleadingly toward the jury box. Means
broke from her lips.
"Miss Stone, YOU win kindly dcsst,'
the Judge admonished. "You will have
chance to tell your story later on
Court Calls Painting Real
For the next few seconds She sat in
silence straining to catch the eye of the
witness. Leaning forward in her chair
and moving around to come within
focus the eyes of witness and de-
fondant finally crossed. Miss Stones
trembling hand crept out for q glass
OF water, while her gaze was riveted on
Mr.. Clark. Haif rising. her mouth
opened as if for utteraucc. Instead,
she slid to the floor between chair and
table, crumpled mass of black drap-
cries. She was carried out and court
was adjourned for the day, Justice As
pinau saying: Il don't think these
faints are assumed. | think they are
real. This is a very distressing case"
I he defense rested in the afternoon
after the testimony of Dr Annette NJ
Ralston, a Brooklyn alienist was in
troduced. Through it Edward J..
Reilly, counsel for the defense, sought
to lay the foundation for plea Of
temporary insanity. lie emphasized
the defendants lapse of memory for
three days after the shooting Dr.
Ralston admitted, under cross-eXani-
nation, that Miss Stone is not insane,
but said that Temporary brain cX-
plosion' might have been induced by
strain and nervous exhaustion. She
described the defendant as, a highly
emotional, neurotic type. and said that
during this "eXpioson" it would be
quite possible for her TO kill and know
nothing about it afterward
Detailing the events leading up to
tho shooting, Mr.. Reilly asked Dir.
Ralston f brooding over her supposed
wrongs would result in a shock Sc
we're enough to cause this Temporary
explosion Of the brain" The witness
said that it might. Under cross-cX-
animation Dr. Ralston said that the
excitement Of the shooting itself
would be an important contributory
cause to the collapse that followed
Cast Him Off in Letter
Miss Stone was on the witness stand
for an hour in the morning under
cross-examination. She identified the
following letter written to Kinkead
on May 22, 1919: My dear Ellis: Ny
pride, | am so glad to tell you, has
come to my rescue and demands that
give you up and have absolutely
nothing further to do with YOU in any
way. You know, and your friends
know, that YOU are nothing to me: /
wouldn't have You if You were the last
man on earth"
She identified a second note. which
read: Don't think l want you back,
because it is not the case. l am here
to wait until my case has been cleared
up, even if l have to appeal to the
public press have lost all love and
respect for YOU now. You know. as
any one knows, that am good, clean
girl in every way
after seeing these letters do you
still claim as YOU did on Friday that
when you wrote that threat to kill