SHEBOYGAN PRESS TELEGRAPH September 21 1917 SLANDER SUIT ATTRACTS CONSIDERABLE ATTENTION IN THE CIRCUIT COURT All the evidence being in this morning in the slander suit of Miss Regina FERGUSON against Mrs. Ella BURKE, asking $6,000 for alleged damaging remarks about her character, the attorneys, J. J. ROONEY for the plaintiff, and A.C. PRESCOTT and M. C. MEAD for the defendant, had a conference with Judge KIRWAN as to what questions the jury would be called on to decide. When this was settled the work of addressing the jury was taken up, Mr. ROONEY commencing his remarks about 11:30 o'clock. He contended that there was malice in Mrs. BURKE's mind when she spoke to Miss FERGUSON on the church steps in Mitchell, June 24,That she was anxious to say something that would hurt Miss FERGUSON and that the meanest thing she could think of was to call her "German spy." The asking of $3,000 for this remark and a like amount additional for the other things Mrs. BURKE is alleged to have said he contended was reasonable as a woman's character was her greatest asset. "Not a man of you on the jury would have your daughter's character assailed for twice $6,000," he said. At noon Mr. ROONEY was in the midst of his argument when the recess was called by Judge KIRWAN. Emmons BURKE, son of the defendant, was the first witness called this morning, being questioned by Attorney M. C. MEAD. He said he heard his mother say to Bessie GAGHAN: "Come away. She's only spying around," referring to Regina FERGUSON, and his mother then asking Regina why she went to Milwaukee. Miss FERGUSON then said it was "none of her business." He did not hear his mother say, "We know what the FERGUSON's are." "I did not hear Mrs. MICHAELS tell mother about Joe GAGHAN." "Have you talked this testimony over with your mother before appearing here?" asked Mr. ROONEY. "Not much, no sir." Miss Marie BURKE, daughter of Mrs. BURKE, taking the stand, said her mother's and her relations with Miss FERGUSON had always been friendly. She heard her mother say, "Bessie come away from the girl that's spying." The witness started to tell something that she said it was asserted had been told to Miss GAGHAN and this was ruled out on Mr. ROONEY's objection, Judge KIRWAN saying it was merely rumor and not in the pleadings. "I heard my mother tell Mrs. MICHAELS what Regina said," Miss BURKE said. "My mother didn't use the word German when she referred to spying. She told Regina what she had told Joe GAGHAN and Regina said she had told nothing as she had been in Milwaukee. She said to mother, "I could tell you something that would make your head come down." The witness admitted talking the matter over with her mother before coming to the trial but said her mother did not tell her what to say. She denied telling her mother on the church steps, "Come away from the dirty, nasty thing," nor "Come away" nor anything to that effect. She said Florence HUMPHREY's name was not mentioned at the time of the incident. This concluded the testimony for the defense and Mr. ROONEY, after Miss FERGUSON's complaint was admitted as evidence, called her to the stand in rebuttal. "Did you hear Mrs. DWYER say anything to Mrs. BURKE?" he asked. "I did. She said, "Come away. You've said too much." I heard Marie BURKE say to her mother, "Come away from the nasty thing," not in a very low tone. I thought she was wrought up and agitated. Emmons BURKE was sitting in their car at the road. I didn't see him on the church steps at any time." Cross-questioned by Mr. PRESCOTT the witness said she was pretty angry at the time but could give good attention to what was said. She asserted Mrs. BURKE talked loudly enough for any one to hear her but she did not think Emmons could have heard. All Mrs. BURKE said, according to the witness, was spoken loud enough for all there to hear except what allusion was made to "an operation." Miss Bessie GAGHAN, recalled yesterday after dinner by Attorney H. J. ROONEY, admitted she was Mrs. BURKE's cousin. William MICHAELS, aged 20, taking the stand, said he had lived in Mitchell all his life, had heard Mrs. BURKE say, "Bessie, come away from that German spy. What are the FERGUSONs. You are nobody. You are not decent. What did you go to Milwaukee for?" "What have you to say regarding Miss FERGUSON's reputation in the community?" Attorney ROONEY asked. "I never heard anything against it. I think Mrs. BURKE and she had always been friendly up to the time of the church difficulty. I told both of them I did not wish to be mixed up in the case." "Miss Mamie GIBBONS, aged 21, cousin of Mrs. BURKE and a school teacher, testified she had known both principals for as long as she could remember. "Did you hear Mrs. BURKE ask Miss FERGUSON "What did you tell Joe GAGHAN about me?" and Miss FERGUSON answered that she had been in Milwaukee and could not have told him anything?" "No sir." The witness also denied hearing Miss FERGUSON say she could tell something that would make Mrs. BURKE hang her head. Mrs. Margaret SLATTERY, wife of Michael, resident of Mitchell nearly all her life, said she heard Mrs. BURKE ask why the girl went to Milwaukee and the reply of the latter, "What does anybody go to Milwaukee for?" She said the defendant came to her place and asked her to sign a paper and she signed it. "On it I said I had not heard very much about it," the witness said. "This was about a week or so after the incident." Attorney A. C. Prescott offered the witness a paper which she identified as the one she had signed beneath her statement: "I heard nothing to amount to anything. I was not paying attention." Miss Catherine SLATTERY, aged 14, testified to hearing Mrs. BURKE say: "We know what the FERGUSON's are. You are nobody. You are not decent." Miss FERGUSON's reply, she (continued on page 8)