The Susie Situation - Notes - Ruth Hamilton's Pre-Trial Testimony
This is a transcription of several pages of handwritten testimony provided to me by Holt County courthouse. It is a sworn statement from Frank Hamilton explaining in (excruciating) detail while his wife Ruth cannot come to trial. (Honestly, Frank, you could have just said, "She is very pregnant and cannot travel." You did not have to go on and on with the embarrassing details. Do you think Ruth wanted you to do that?) Then it goes on to detail what he says is Ruth's testimony that she would provide if she could come to the trial.
I'll provide all of the transcription first, followed by copies of the handwritten pages after that. At some point in the future perhaps I'll figure out how to provide the entire document with transcription in a PDF. But for now, this is it.
PAGE 36-Now comes the defendant Frank Hamilton and moves the Court to continue this case until the next regular term of this Court, for the reasons set forth in the Affidavit hereto attached, marked "Exhibit A" and which is hereby made a part of this motion.
PAGE 37- Exhibit A - Frank Hamilton being first duly sworn upon oath deposes and says that he is the defendant in the above entitled cause that Ruth Hamilton is the wife of the defendant and is a necessary and natural witness in defendants behalf in the trial of said case and without her testimony the defendant cannot safely proceed to trial that she is at this time sick and confined to her bed and is unable to leave it. That on the 2nd day of June 1912 she gave birth to a child. That her labor pains were most severe and she was unable to give
PAGE 38- birth to said child until she obtained assistance of doctors Hooper and Battis of Butte Nebraska. That it was necessary for said Doctors to use forceps and other surgical instruments in the delivery of said child. That by reason of these facts she became physically weak and exhausted and was subjected to a great nervous shock from which she has not as yet recovered, that she is also at this time and for some time past has been suffering from a large tumor of the womb and that as soon as she recovers sufficient strength to endure an operation it may be absolutely necessary that she be operated on for said tumor. That affiant knows from her present condition that it will be impossible for her to
PAGE 39- go to O'Neill the place of trial for at least two months and probably longer. That her home is 35 miles from O'Neill and that her means of conveyance will have to be by team. That she could not go to O'Neill at this time or within the time heretofore specified without placing her life in danger, that if this case is continued to the next regular term of this court that affiant will have said witness present in court for the trial of said case. That if she were present in court she would testify that on the day following the night the crime is alleged to have been committed that Mrs. Annis Carver mother of the prosecutrix Susie Carver came to the home of affiant after dinner on said day. That at the time
PAGE 40- she came and for about a half hour prior that affiant was upstairs in his dwelling lying on his bed. That Mrs. Carver asked affiant's wife where affiant was, that she told her where affiant was and that she then had one of the children call affiant. That affiant came down ? To where his wife and Mrs. Carver were. That Mrs. Carver said to affiant in the presence of his wife that she (Carver) wanted to talk to affiant privately, whereupon affiant's wife said Mrs. Carver he is my husband and if you have anything to say to him why don't you say it my presence. That Mrs. Carver then said, "I am going to Send you over the road for having Susie out all night, but I am willing to settle it if you will give me your grey team."
PAGE 41- That affiant's wife then asked Mrs. Carver in substance if her husband (affiant) had done anything wrong or harmed Susie in any way, that Mrs. Carver said that he had not but that he had Susie out all night and that that was against the law and that she would send him over the road for it unless affiant would give her the grey team, that affiant and his wife both said that affiant had done nothing wrong to the girl as she herself Mrs. Carver had stated and that they would not give her the team because there was nothing to settle, that Mrs. Carver then said that affiant and his wife would ----- it that she would be willing to take the bay colts. That said team of bay colts were inferior to the grey team and were not worth near
PAGE 42- so much as the gray team. That affiant and his wife both refused to give her the bay team or anything else. That Mrs.Carver then in a loud and angry voice said, "I will make it hot for you and send you over the road."
That Carver and his wife lived on a Kinkaid homestead not far from affiant's place, that on several occasions prior to the time specified in this affidavit and on different occasions offered to trade their Kinkaid homestead to affiant for the aforesaid grey team. That affiant's wife will testify that both Carver and his wife have done everything in their power to get ahold of affiant's grey team. That affiant's wife in O'Neill and on the same day and right after the preliminary hearing in this case
PAGE 43- met Mrs. Carver in front of one of the drug stores in O'Neil, Nebr and said to Mrs. Carver, "I hope you feel better since you swore to all those lies." Whereupon Mrs. Carver started to cry and answered, "I had to do it, and if you were in my place you would do it." That affiant's wife then immediately walked away from Mrs. Carver. That this affidavit is not made for the purpose of delay but is made for the sole purpose of obtaining justice and further affiant sayeth not. Signed, Frank Hamilton.
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