Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1840-06-26
From The Ontario Repository.

Several interesting trials took place al the
Circuit Court, held in this villase last
week. One Of them disclosed the most in
genfousy conlrived conspiracy, and its I'M
favelment the most extraordinary combino.
zion Of events, and (if the verdict OF the Jury
be, as all seem to admit. correcl) The most
extensive and po6igate corruption which
the annals Of our courts OF Justice have ever
brought 10 light
1t was an action Of ejectinent brought by
the young widow of Oscar F. Criltenden,
deceased, against two of his brothers, TO re-
cover a large and valuable farm, situated
near the old Indian Castle. in this county.
The widow ciaimed the farm, in fee, as the
heir at law Of a child. TO which il was al
legged she gave birth after the death of her
husband. but who died before the commence
ment ofthe suit, leaving her entitled, as
heir, 10 the whole inheritance broth.
efs claimed as heirs at law of the deceased
They admitted that the widow was entitled
to dover in the farm, which they had caus-
ed TO be admeasured 10 her. but insisted that
the pretence Of her being the mother Of
child was fabulous. The issue, therefore
was upon the Issue.
The cause was conducted by Asgil Gibbs
and Jared Wilson. Esquires, as counsel for
the plaintiff, and by Judged Whiting and the
Hon. Mark H. Sibey, for the defendants
before his Honor, Daniel Meseley, Circuit
Judge.
II appeared. by the testimony. that the
plaintiff was ma rried TO Oscar F. Critenden
in July. 1885, he then being ward Of the
Court Of Chancery, as an habitual drunkard
that he died on the 9th day Of October, 1887,
of delirium remens: 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 10 the bilth of posthumous
child, one Docl. kimber practising physi-
clan. residing 10 the village of Geneva
Mrs. Kimball. the mother ofthe plaintiff at
whose house she was, and sister oil the
plaintiff, all testified, that in the afternoon OF
the 18th July. 1898, she gave birth 10 u fe-
male infant; that they were present and
assisted at the birth that the child lived
about three weeks, when il died, and was
buried ia the burying ground OF the Crtlen-
den family, on which occasion there was n
large funeral a funeral sermon preached,
and the Kimbal family put on mourning
Mrs. L., a respectable female and neat
neighbor OF that family, also testified that
suS VIE pEcStHtt f.Ot ~ Tue NSfy inoNicut VI
the birth, but Immediately thereafter; that
she saw all the appearances usually obser
vable on such occasionsAreceived the new
born infant from the arms Of The physician,
as he performed the last act of separation
from the mother. washed and dressed il. lin
the apparel which the sister swore had been
prepared for This purpose in the month Of
April or May preceding) and placed in the
plaintiffs arms. she being by that time
restored to her bed Many Witnesses test
fed that she nursed this child as long as
its health continued. and when that began
TO fail. the Doctor procured puppy TO
supply its place at the breast Much proof
was also given OF the pregnant appearance
ofthe widow for months before her confne-
ment
Thusthe PLAINTIFFS cause seemed 10 be
established by the most positive and concu-
sive evidence. Yet it was insisted by the
defendants counsel, that all the testimony
given by DR.. Kimber, and by the relatives
OF the plaintiff, in relation 10 The birth OF
the child, was false and corrupt. and that
child, born fthe body OF another female,
in the same house on the 18th JULY 1888,
was presented to and imposed upon Mrs.
j.. in the manner described By her; and
that the child died and was buried with
the solemnties and mock mourning before
mentioned. In support of this view Of the case,
the defendants council called middle
aged man. who testified that in 1888, and
for several years previous, he was the cap
iain OF canal boat and that a young I'M
married woman, who was the maid on
board his boat, was discovered. in the spring
Of 1888. TO be encient; and. as be had rea'
son to believe, by himself that havinga fam
lily. and being DESTROYS ,o'conccal his and
her disgrace. and to provide as far as hs
could for hercomiorl, he applied to a friend
in Geneva,io assist him 10 procuring suit
able place for the girl to remain until her
confinement. and where she could be proper
Nv taken care or This friend recommended
him 10 Dr. Kimber that he had applied
TO the DR., who asked him when the child
would probably be born; and upon being
informed that The birth might be expected IL
the early part of Jolly. he, the witness, wa'
direciedt to call again on the following day
He did so.
The Doctor then asked him If he ant
the girl would be willing to part with tn,
child aiter it's birth. provided il could be wei
brought up, and inherit large property
that he knew of widow whose HUSBAND
had recently died; and il she could have ,
child within nine months after his death, j
would get large estate. The name ant
residence of the widow were withheld