The Birmingham age-herald., 1924-05-22

very affectionate, bat ltimmediately upon his transfer to Fort Bliss at Fl Paso, Texas, he began to gamble and would stay out almost all night, she said.
 Mrs. Rickner testified that her hus- band did not like children and that he threatened to leave her before their daughter Marvin was born. She also said that he became furious when she refused to submit to an operation.
 At this iancture Judge Clayton stopped the court and asked that all young unmarried girls leave the court room. Only three or four responded. The number of women present were approximately one-third the number of men. 4l 1, Withdrew Support Mrs. Rickner then resumed her tes. timony and told of Rickner asking a | transfer to Germany and of the few letters -she received from him during the three years he was stationed in i Coblenz with the army of occupation, For one year he remitted $40 per month regularly for her support, but after that would not provide any money, de- I
 Many of the letters written. by Rick ner while in Germany were read in court by Attorney Sterne. Prosecuting attorneys objected to their admission, but Judge Clayton overruled their ob, jeetion on the ground that it might possibly show cause to have made the women worry enough to overbalance her mind. f G
 In one of his letters Lieutenant Rick. ner told of a girl friend in Germany whom he referred to as "Topsy and stated that ''she thinks more of me than you do for she has undergone the operation | asked you to undergo,
 When, Rickner came back to this country she went to see hiw at Fort Moultrie, s. C., and was informed that he had moved to Camp Mcclellan, Mrs Rickner stated. When she arrived here in June, 1923, she called Richner, but he refused to come to town to see her. Finally be agreed to see sher at camp and taking her daughter with her she called taxi and went to Camp Nc. Clellan, she testified. Mrs. RickneE testified that she had coached her little daughter, who had been born while Rickner was inSGermany, to run to her father with the greeting: Daddy what do you think of your big girl !' When the baby ran to her father he brushed her aside, saying Cut out that sob sttlff," Mrs. Rickner said. S
 Mrs. RiclKner SObs
 When the witness told of this incl. dent she broke down and sobbed. The little girl, Marylyn, all the time was engaged in cutting out paper dolls near her grandmother, Mrs. J. A. Elder.
 Mrs. Rickner then told that physi clans had urged an operation to be per, formed on the little girll for rupture stating that her life was in grave dan ger if 1t was not performed. She re l quested Rickner to send the girl to q hospital and he agreed to do this week after her arrival here, she said, Mean. while he had established separate quar, ters and would not have anything to dc with her, the witness stated.
 The morning the child was to be operated upon Mrs. Rickner stated that her husband would not go to the hos pital with her, giving as his excuse that he had an engagement with Some other officers and women to go auto mobile riding.
 Says He Threatened Her
 The next day he told her that she must leave the city and stay away from him forever, Mrs. Rickner testified. She said that she told, him that she could not go until the daughter was discharged from the hospital. Well, if you and the kid are not out by tomorrow at noon you won't be here to go out you'll dis appeal all right, though" were the wordi of warning he told her, Mrs. RickneI testified.
 She was explaining how she felt when she went to her room endeavorfng te map out some plan to follow when she tainted. She had never touched upon the actual shooting in the testimony.
 Attorneys state that the case will probably go to the jury late Thursday or Friday morning.
 Attorneys In Case
 The United States is being repre- sented by Charles B. Kennamer, United States district attorney, and Jim c Smith, assistant United States district attorney. Judge Hugh D. Merrill, Neil P. Sterne and c. w. Allen, prominent