Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1840-06-26
From the Ontario Repository.
TRUTH STRANGER THAN FICTION.


From the Ontario Repository.
TRUTH STRANGER THAN FICTION.
Several interesting trials took place at the
Circuit Court, held in this village last week.
One of them disclosed the most ingcniously
contriyed conspiracy, and its unravelmcnt the
most extraordinary coml inaton of events,
and Gf the verdict of the jury be, as all seem
to admit, corrccO the most extensive and
proligatc corruption, which the annals Of our
courts Of justice have brought to light.
1t was an action of ejectmcnt, brought by
the young widow of Oscar L. Crttcndcn de-
cccased, against two of his brothers, to re-
cover large and valuable farm, situated
near the old Indian Castle, in this county.
The widow claimed the farm, in fee, as the
heir at law of child, to which it was alleged
she gave birth after the death Of her husband,
but who died before the commencement of
the suit, leaving her entitled, as heir, to the
whole inheritance. The brothers claimed
as heir at law of the deceased. They adj
mittcd that the widow was entitled to dover
in the farm, which they had caused to be adj
measured to her, but insisted that the pre-
tcncc of her being the mother Off Child was
fabulous. The issue, therefore, was upon
the issue.
The cause was conducted by Asgil Gibbs
and Jared Wilson, Esquircs, as counsel for
the plaintiff and by Judge Whiting and the
IIon. Mark Il. Sibey, for the defendants,
before his Hvuvr, Dunivl NIvseicy, Circuit
Judge.
1t appeared, by the testimony, that the
plaintiff was married to Oscar +. Crit,cnden
in July 1885, he then being ward to the
Court of Chnnccry, as an habitual drunkard;
that he died on the 9th day Of October 1887
of delirium TemcnS; and that at the time of
his death he was the owner Of the farm in
question, leaving no issue born during his
life.
In respect to the birth of posthumous
child, one DIR. kimber, practising physician
| residing in the village of Geneva-Nlrs.
kimbal, the mother Of the plaintiff, at whose
house she was, and a sister of the plaintiff,
all testified, that in the afternoon of the 18th
July, 1888, she gave birth to female infant:
that they were present and assisted at the
birth: that the child lived about three weeks
when it died, and was buried in the burying
ground of the Crittcnden family, on which
occasion, there was a funeral, a funeral SER
mon preached, and tie Kimball family put
on mourning. Mrs. l.. respectable female,
and near neighbor of that family, also tcsti-
fed that she was present, not at the very mo-
ment of the the birth, but Immediately there
after; that she saw all the appearances usu-
ally observable on such ccasions--rcceivcd
tho harm infant from, tl,o
physician, as he performed the last act OF
separation from the mother, washed and
dressed it, Gin the apparel which the sister
sworc had been prepared for this purpose il
the month Of A pril or May prcccding,) ant
placed it in the plaintiffs arms, she being by
that time rcstord to her bed. Many witness
es testified that she nurscd this child as Ions
as its health continued, and when that began
to fail, the Doctor procured puppy to sup
ply it place at the breast. Much proof wa
, also given Of the pregnant appearance of the
widow for months before her confinement.
Thus the plaintiffs cause seemed to be cs
tablishcd by the most positive and conclusiv,
evidence. Yet it was insisted by the de-
PENDANTS counsel, that all the testimony
given by Dr. kmbor, and by the relatives o
the plaintiff, in relation to the birth Of thu
: child, was false and corrupt, and that child
born of the body Of another female, in til,
t same house on the 18th July, 1888, was pre-
r scented to and imposed upon Mrs. l.. in th'
: manner described by her; and that the chile
Q died and was buried with the solemnitic
. and mock mourning before mentioned. Ii
; support Of this view Of the case, the defcn
dants' counsel called middle aged man
who testified that in 1888, and for severa
y previous, he was the captain of a canal boat
and that young unmarried woman, win
was the maid on board his boat, was dlscov
cred, in the spring of 1888, to be enciemi
as he had reason to believe, by himself, tina
having family, and being DESTROYS 10 con
ceal his and her disgrace, aud to provide a
far as he could, for her comfort, he applie
4 to friend IN Geneva, to assist him in pro
+ curing suitable place for the girl to renal
i until her confinement, and where she coul
c be properly taken care of. This friend re
= commended him to DIR. kimbcr; that he ha
o applied to the Dr., who asked him when til
k child would probably be born; and upon be
y. ing informed that the birth might be expecte
: in the early part of July; he, the wtncs
d was directed to call again ON the followin
is lay. lie did so.
.. The Doctor then asked him if he and III
d girl would be willing to part with the chill
r. after its birth, providing il could be we
Il brought up, and inherit a large property
It that he knew Of a widow, whose hush and la